{"id":"qld:act-2006-012","name":"Disability Services Act 2006","slug":"disability-services-act-2006","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"12 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30331,"registerId":"qld-act-2006-012-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Disability Services Act 2006 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Contravention of this Act does not create civil cause of action","content":"### sec.4 Contravention of this Act does not create civil cause of action\n\nNo provision of this Act creates a civil cause of action based on a contravention of the provision.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act does not affect other rights or remedies","content":"### sec.5 Act does not affect other rights or remedies\n\nThis Act, other than sections 189 , 190 , 218 , 219 , 251 to 253 and 255 , does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\nWithout limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\ns 5 amd 2008 No. 23 s 4\n(sec.5-ssec.1) This Act, other than sections 189 , 190 , 218 , 219 , 251 to 253 and 255 , does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\n(sec.5-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.","sortOrder":6},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Objects","content":"## Objects","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Objects of Act","content":"### sec.6 Objects of Act\n\nThe objects of this Act are—\nto acknowledge the rights of people with disability including by promoting their inclusion in the life of the community generally; and\nto ensure that disability services funded by the department are safe, accountable and respond to the needs of people with disability; and\nto support the operation of the national disability insurance scheme in Queensland and ensure the quality and safety of NDIS supports or services in the context of the national regulatory framework; and\nto safeguard the rights of adults with an intellectual or cognitive disability including by regulating the use of restrictive practices by relevant service providers in relation to those adults—\nonly where it is necessary to protect a person from harm; and\nwith the aim of reducing or eliminating the need for use of the restrictive practices.\nIn this section—\nnational regulatory framework means the national regulatory framework for service providers established under the National Disability Insurance Scheme Act 2013 (Cwlth) .\ns 6 amd 2008 No. 23 s 5 ; 2012 No. 36 s 4 ; 2019 No. 19 s 4 ; 2020 No. 39 ss 4 , 70 sch 1\n(sec.6-ssec.1) The objects of this Act are— to acknowledge the rights of people with disability including by promoting their inclusion in the life of the community generally; and to ensure that disability services funded by the department are safe, accountable and respond to the needs of people with disability; and to support the operation of the national disability insurance scheme in Queensland and ensure the quality and safety of NDIS supports or services in the context of the national regulatory framework; and to safeguard the rights of adults with an intellectual or cognitive disability including by regulating the use of restrictive practices by relevant service providers in relation to those adults— only where it is necessary to protect a person from harm; and with the aim of reducing or eliminating the need for use of the restrictive practices.\n(sec.6-ssec.2) In this section— national regulatory framework means the national regulatory framework for service providers established under the National Disability Insurance Scheme Act 2013 (Cwlth) .\n- (a) to acknowledge the rights of people with disability including by promoting their inclusion in the life of the community generally; and\n- (b) to ensure that disability services funded by the department are safe, accountable and respond to the needs of people with disability; and\n- (c) to support the operation of the national disability insurance scheme in Queensland and ensure the quality and safety of NDIS supports or services in the context of the national regulatory framework; and\n- (d) to safeguard the rights of adults with an intellectual or cognitive disability including by regulating the use of restrictive practices by relevant service providers in relation to those adults— (i) only where it is necessary to protect a person from harm; and (ii) with the aim of reducing or eliminating the need for use of the restrictive practices.\n- (i) only where it is necessary to protect a person from harm; and\n- (ii) with the aim of reducing or eliminating the need for use of the restrictive practices.\n- (i) only where it is necessary to protect a person from harm; and\n- (ii) with the aim of reducing or eliminating the need for use of the restrictive practices.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"How objects are mainly achieved","content":"### sec.7 How objects are mainly achieved\n\nThe objects are mainly achieved by—\nstating the human rights principle and supporting rights applying to people with disability; and\nstating the principles for service delivery to people with disability to be promoted by service providers; and\nregulating disability services funded by the department to ensure the quality, safety, responsiveness and accountability of the services; and\nregulating particular aspects of the provision of NDIS supports or services by particular NDIS service providers under the National Disability Insurance Scheme Act 2013 (Cwlth) to ensure the quality and safety of the supports or services; and\nhelping to protect people with disability using services funded by the department from abuse, neglect and exploitation; and\nstating the circumstances in which relevant service providers are authorised to use restrictive practices in relation to adults with an intellectual or cognitive disability.\ns 7 amd 2008 No. 23 s 6 ; 2012 No. 36 s 5 ; 2019 No. 19 s 5 ; 2020 No. 39 ss 5 , 70 sch 1\n- (a) stating the human rights principle and supporting rights applying to people with disability; and\n- (b) stating the principles for service delivery to people with disability to be promoted by service providers; and\n- (c) regulating disability services funded by the department to ensure the quality, safety, responsiveness and accountability of the services; and\n- (d) regulating particular aspects of the provision of NDIS supports or services by particular NDIS service providers under the National Disability Insurance Scheme Act 2013 (Cwlth) to ensure the quality and safety of the supports or services; and\n- (e) helping to protect people with disability using services funded by the department from abuse, neglect and exploitation; and\n- (f) stating the circumstances in which relevant service providers are authorised to use restrictive practices in relation to adults with an intellectual or cognitive disability.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Finite resources available","content":"### sec.8 Finite resources available\n\nIn administering this Act, regard must be had to the following—\nthe State has finite resources available to provide services to people with disability;\nthere is a need to distribute the resources fairly having regard to the State’s priorities.\ns 8 amd 2020 No. 39 s 70 sch 1\n- (a) the State has finite resources available to provide services to people with disability;\n- (b) there is a need to distribute the resources fairly having regard to the State’s priorities.","sortOrder":10},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Definitions","content":"### sec.9 Definitions\n\nThe dictionary in schedule 8 defines particular words used in this Act.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 om 2020 No. 39 s 70 sch 1","sortOrder":13},{"sectionNumber":"sec.10A","sectionType":"section","heading":"References to entity include department","content":"### sec.10A References to entity include department\n\nIn this Act, a reference to an entity includes a reference to a department.\ns 10A ins 2019 No. 19 s 6","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"What is a disability","content":"### sec.11 What is a disability\n\nA disability is a person’s condition that—\nis attributable to—\nan intellectual, psychiatric, cognitive, neurological, sensory or physical impairment; or\na combination of impairments mentioned in subparagraph (i) ; and\nresults in—\na substantial reduction of the person’s capacity for communication, social interaction, learning, mobility or self care or management; and\nthe person needing support.\nFor subsection (1) , the impairment may result from an acquired brain injury.\nThe disability must be permanent or likely to be permanent.\nThe disability may be, but need not be, of a chronic episodic nature.\n(sec.11-ssec.1) A disability is a person’s condition that— is attributable to— an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment; or a combination of impairments mentioned in subparagraph (i) ; and results in— a substantial reduction of the person’s capacity for communication, social interaction, learning, mobility or self care or management; and the person needing support.\n(sec.11-ssec.2) For subsection (1) , the impairment may result from an acquired brain injury.\n(sec.11-ssec.3) The disability must be permanent or likely to be permanent.\n(sec.11-ssec.4) The disability may be, but need not be, of a chronic episodic nature.\n- (a) is attributable to— (i) an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment; or (ii) a combination of impairments mentioned in subparagraph (i) ; and\n- (i) an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment; or\n- (ii) a combination of impairments mentioned in subparagraph (i) ; and\n- (b) results in— (i) a substantial reduction of the person’s capacity for communication, social interaction, learning, mobility or self care or management; and (ii) the person needing support.\n- (i) a substantial reduction of the person’s capacity for communication, social interaction, learning, mobility or self care or management; and\n- (ii) the person needing support.\n- (i) an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment; or\n- (ii) a combination of impairments mentioned in subparagraph (i) ; and\n- (i) a substantial reduction of the person’s capacity for communication, social interaction, learning, mobility or self care or management; and\n- (ii) the person needing support.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"What are disability services","content":"### sec.12 What are disability services\n\nDisability services , for people with disability, means 1 or more of the following—\naccommodation support services;\nrespite services;\ncommunity support services;\ncommunity access;\nadvocacy or information services or services that provide alternative forms of communication;\nresearch, training or development services;\nanother service prescribed by regulation.\nHowever, disability services do not include NDIS supports or services.\ns 12 amd 2016 No. 9 s 6 ; 2020 No. 39 ss 6 , 70 sch 1\n(sec.12-ssec.1) Disability services , for people with disability, means 1 or more of the following— accommodation support services; respite services; community support services; community access; advocacy or information services or services that provide alternative forms of communication; research, training or development services; another service prescribed by regulation.\n(sec.12-ssec.2) However, disability services do not include NDIS supports or services.\n- (a) accommodation support services;\n- (b) respite services;\n- (c) community support services;\n- (d) community access;\n- (e) advocacy or information services or services that provide alternative forms of communication;\n- (f) research, training or development services;\n- (g) another service prescribed by regulation.","sortOrder":16},{"sectionNumber":"sec.12A","sectionType":"section","heading":"What are NDIS supports or services","content":"### sec.12A What are NDIS supports or services\n\nNDIS supports or services are supports or services provided to a person with disability under the national disability insurance scheme, to the extent that providing the supports or services is funded by the payment of an NDIS amount under the National Disability Insurance Scheme Act 2013 (Cwlth) .\ns 12A ins 2020 No. 39 s 7","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of service provider","content":"### sec.13 Meaning of service provider\n\nA service provider is an entity providing supports or services for people with disability.\nThe service provider may provide the supports or services—\nspecifically to people with disability; or\ngenerally to people in the community, including people with disability.\nThe service provider may provide the supports or services with the intention of making a profit.\ns 13 amd 2019 No. 19 s 7 ; 2020 No. 39 ss 8 , 70 sch 1\n(sec.13-ssec.1) A service provider is an entity providing supports or services for people with disability.\n(sec.13-ssec.2) The service provider may provide the supports or services— specifically to people with disability; or generally to people in the community, including people with disability.\n(sec.13-ssec.3) The service provider may provide the supports or services with the intention of making a profit.\n- (a) specifically to people with disability; or\n- (b) generally to people in the community, including people with disability.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of funded service provider","content":"### sec.14 Meaning of funded service provider\n\nA funded service provider is a service provider, other than the State, receiving recurrent or one-off funds from the department, or another department prescribed by regulation, to provide disability services.\nIt does not matter whether or not the service provider also uses other funds or resources to provide the disability services.\nA funded service provider may be a local government.\ns 14 prev s 14 amd 2016 No. 9 s 7\nom 2019 No. 19 s 8\npres s 14 ins 2020 No. 39 s 9\n(sec.14-ssec.1) A funded service provider is a service provider, other than the State, receiving recurrent or one-off funds from the department, or another department prescribed by regulation, to provide disability services.\n(sec.14-ssec.2) It does not matter whether or not the service provider also uses other funds or resources to provide the disability services.\n(sec.14-ssec.3) A funded service provider may be a local government.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of NDIS service provider","content":"### sec.15 Meaning of NDIS service provider\n\nA registered NDIS provider and an unregistered NDIS provider are each an NDIS service provider .\nA registered NDIS provider is a registered NDIS provider under the National Disability Insurance Scheme Act 2013 (Cwlth) .\nAn unregistered NDIS provider is an entity that delivers NDIS supports or services to people with disability, other than a registered NDIS provider.\ns 15 sub 2020 No. 39 s 9\n(sec.15-ssec.1) A registered NDIS provider and an unregistered NDIS provider are each an NDIS service provider .\n(sec.15-ssec.2) A registered NDIS provider is a registered NDIS provider under the National Disability Insurance Scheme Act 2013 (Cwlth) .\n(sec.15-ssec.3) An unregistered NDIS provider is an entity that delivers NDIS supports or services to people with disability, other than a registered NDIS provider.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of NDIS sole trader and State sole trader","content":"### sec.16 Meaning of NDIS sole trader and State sole trader\n\nAn individual is an NDIS sole trader if the individual—\nis an NDIS service provider; and\nas an NDIS service provider, personally provides NDIS supports or services to people with disability.\nAn individual is a State sole trader if the individual—\nis a funded service provider; and\nas a funded service provider, personally provides disability services to people with disability.\ns 16 prev s 16 om 2014 No. 12 s 53\npres s 16 sub 2020 No. 39 s 9\n(sec.16-ssec.1) An individual is an NDIS sole trader if the individual— is an NDIS service provider; and as an NDIS service provider, personally provides NDIS supports or services to people with disability.\n(sec.16-ssec.2) An individual is a State sole trader if the individual— is a funded service provider; and as a funded service provider, personally provides disability services to people with disability.\n- (a) is an NDIS service provider; and\n- (b) as an NDIS service provider, personally provides NDIS supports or services to people with disability.\n- (a) is a funded service provider; and\n- (b) as a funded service provider, personally provides disability services to people with disability.","sortOrder":21},{"sectionNumber":"sec.16A","sectionType":"section","heading":null,"content":"### Section sec.16A\n\ns 16A ins 2016 No. 9 s 8\nsub 2019 No. 19 s 9\nom 2020 No. 39 s 9","sortOrder":22},{"sectionNumber":"pt.2","sectionType":"part","heading":"Disability rights","content":"# Disability rights","sortOrder":23},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Human rights principle","content":"## Human rights principle","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Entities encouraged to have regard to human rights principle","content":"### sec.17 Entities encouraged to have regard to human rights principle\n\nEntities are encouraged to have regard to the human rights principle in matters relating to people with disability.\ns 17 amd 2019 No. 19 s 81 sch 1 ; 2020 No. 39 s 70 sch 1","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Principle that people with disability have the same human rights as others","content":"### sec.18 Principle that people with disability have the same human rights as others\n\nPeople with disability have the same human rights as other members of society and should be empowered to exercise their rights.\nPeople with disability have the right to—\nrespect for their human worth and dignity as individuals; and\nrealise their individual capacities for physical, social, emotional, cultural, religious and intellectual development; and\nlive lives free from abuse, neglect or exploitation; and\nparticipate actively in decisions affecting their lives, including the development of disability policies, programs and services; and\nrecognition of their individual autonomy and independence, including the freedom to exercise choice and have control of their lives.\nWhen using disability services or NDIS supports or services, people with disability have the right to—\nsupports or services supporting their achieving quality of life in a way that supports their family unit and their full participation in society; and\nreceive supports or services in a way that results in the minimum restriction of their rights and opportunities; and\nreceive supports or services in a way that respects the confidentiality of their information; and\nreceive supports or services in a safe, accessible built environment appropriate to their needs; and\npursue grievances about supports or services without fear of the supports or services being discontinued or recrimination from service providers; and\nsupport to enable them to pursue grievances about supports or services; and\nsupport, and access to information, to enable them to participate in decisions affecting their lives.\nPeople with disability have the right to receive supports or services, and information necessary to support rights, in ways that are appropriate having regard to their disabilities and cultural backgrounds.\nSubsections (2) , (3) and (4) do not limit subsection (1) .\ns 18 amd 2012 No. 36 s 6 ; 2020 No. 39 ss 10 , 70 sch 1\n(sec.18-ssec.1) People with disability have the same human rights as other members of society and should be empowered to exercise their rights.\n(sec.18-ssec.2) People with disability have the right to— respect for their human worth and dignity as individuals; and realise their individual capacities for physical, social, emotional, cultural, religious and intellectual development; and live lives free from abuse, neglect or exploitation; and participate actively in decisions affecting their lives, including the development of disability policies, programs and services; and recognition of their individual autonomy and independence, including the freedom to exercise choice and have control of their lives.\n(sec.18-ssec.3) When using disability services or NDIS supports or services, people with disability have the right to— supports or services supporting their achieving quality of life in a way that supports their family unit and their full participation in society; and receive supports or services in a way that results in the minimum restriction of their rights and opportunities; and receive supports or services in a way that respects the confidentiality of their information; and receive supports or services in a safe, accessible built environment appropriate to their needs; and pursue grievances about supports or services without fear of the supports or services being discontinued or recrimination from service providers; and support to enable them to pursue grievances about supports or services; and support, and access to information, to enable them to participate in decisions affecting their lives.\n(sec.18-ssec.4) People with disability have the right to receive supports or services, and information necessary to support rights, in ways that are appropriate having regard to their disabilities and cultural backgrounds.\n(sec.18-ssec.5) Subsections (2) , (3) and (4) do not limit subsection (1) .\n- (a) respect for their human worth and dignity as individuals; and\n- (b) realise their individual capacities for physical, social, emotional, cultural, religious and intellectual development; and\n- (c) live lives free from abuse, neglect or exploitation; and\n- (d) participate actively in decisions affecting their lives, including the development of disability policies, programs and services; and\n- (e) recognition of their individual autonomy and independence, including the freedom to exercise choice and have control of their lives.\n- (a) supports or services supporting their achieving quality of life in a way that supports their family unit and their full participation in society; and\n- (b) receive supports or services in a way that results in the minimum restriction of their rights and opportunities; and\n- (c) receive supports or services in a way that respects the confidentiality of their information; and\n- (d) receive supports or services in a safe, accessible built environment appropriate to their needs; and\n- (e) pursue grievances about supports or services without fear of the supports or services being discontinued or recrimination from service providers; and\n- (f) support to enable them to pursue grievances about supports or services; and\n- (g) support, and access to information, to enable them to participate in decisions affecting their lives.","sortOrder":26},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Service delivery principles","content":"## Service delivery principles","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Service delivery principles to be promoted by service providers","content":"### sec.19 Service delivery principles to be promoted by service providers\n\nThis division sets out the principles that service providers are encouraged to apply and promote in the development and implementation of services for people with disability.\nFor subsection (1) , the application and promotion of the principles is encouraged to the extent they reasonably apply to a service provider.\ns 19 amd 2020 No. 39 s 70 sch 1\n(sec.19-ssec.1) This division sets out the principles that service providers are encouraged to apply and promote in the development and implementation of services for people with disability.\n(sec.19-ssec.2) For subsection (1) , the application and promotion of the principles is encouraged to the extent they reasonably apply to a service provider.","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Focus on the development of the individual","content":"### sec.20 Focus on the development of the individual\n\nServices should be designed and implemented so that their focus is on developing the individual and on enhancing the individual’s opportunity to establish a quality life.","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"Participation in planning and operation of services","content":"### sec.21 Participation in planning and operation of services\n\nServices should be designed and implemented so that people with disability are encouraged, and able, to participate continually in the planning and operation of the services they receive.\nServices provided to people with disability should provide opportunities for consultation in relation to the development of major policy changes.\ns 21 amd 2020 No. 39 s 70 sch 1\n(sec.21-ssec.1) Services should be designed and implemented so that people with disability are encouraged, and able, to participate continually in the planning and operation of the services they receive.\n(sec.21-ssec.2) Services provided to people with disability should provide opportunities for consultation in relation to the development of major policy changes.","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Focus on a lifestyle the same as other people and appropriate for age","content":"### sec.22 Focus on a lifestyle the same as other people and appropriate for age\n\nServices should be designed and implemented to ensure that the conditions of everyday life of people with disability are—\nthe same as, or as close as possible to, the conditions of everyday life valued by the general community; and\nappropriate to their chronological age.\ns 22 amd 2020 No. 39 s 70 sch 1\n- (a) the same as, or as close as possible to, the conditions of everyday life valued by the general community; and\n- (b) appropriate to their chronological age.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Coordination and integration of services with general services","content":"### sec.23 Coordination and integration of services with general services\n\nServices should be designed and implemented as part of local coordinated service systems and integrated with services generally available to members of the community.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Services to be tailored to meet individual needs and goals","content":"### sec.24 Services to be tailored to meet individual needs and goals\n\nServices should be tailored to meet the individual needs and goals of people with disability.\nTo be responsive to the needs and goals of people with disability, innovation and flexibility are encouraged when designing services.\ns 24 amd 2020 No. 39 s 70 sch 1\n(sec.24-ssec.1) Services should be tailored to meet the individual needs and goals of people with disability.\n(sec.24-ssec.2) To be responsive to the needs and goals of people with disability, innovation and flexibility are encouraged when designing services.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"People with disability experiencing additional barriers","content":"### sec.25 People with disability experiencing additional barriers\n\nServices should be designed and implemented to meet the needs of people with disability who may experience additional barriers—\nbecause they are Aborigines or Torres Strait Islanders; or\nbecause of their age, gender or culturally or linguistically diverse backgrounds; or\nbecause of their rural or remote location.\ns 25 amd 2020 No. 39 s 70 sch 1\n- (a) because they are Aborigines or Torres Strait Islanders; or\n- (b) because of their age, gender or culturally or linguistically diverse backgrounds; or\n- (c) because of their rural or remote location.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Promotion of competency, positive image and self-esteem","content":"### sec.26 Promotion of competency, positive image and self-esteem\n\nServices should be designed and implemented to—\npromote recognition of the competence of people with disability; and\npromote a positive image of people with disability; and\nenhance the self-esteem of people with disability.\ns 26 amd 2020 No. 39 s 70 sch 1\n- (a) promote recognition of the competence of people with disability; and\n- (b) promote a positive image of people with disability; and\n- (c) enhance the self-esteem of people with disability.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Inclusion in the community","content":"### sec.27 Inclusion in the community\n\nServices should be designed and implemented to promote the inclusion of people with disability in the life of the community.\ns 27 amd 2020 No. 39 s 70 sch 1","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"No single service provider to exercise control over life of person with disability","content":"### sec.28 No single service provider to exercise control over life of person with disability\n\nServices should be designed and implemented to ensure that no single service provider exercises control over all or most aspects of the life of a person with disability.\ns 28 amd 2020 No. 39 s 70 sch 1","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Consideration for others involved with people with disability","content":"### sec.29 Consideration for others involved with people with disability\n\nServices should be designed and implemented to—\nhave sufficient regard to the needs of families, carers and advocates of people with disability; and\nrecognise the demands on the families of people with disability; and\ntake into account the implications for, and demands on, the families of people with disability.\ns 29 amd 2020 No. 39 s 70 sch 1\n- (a) have sufficient regard to the needs of families, carers and advocates of people with disability; and\n- (b) recognise the demands on the families of people with disability; and\n- (c) take into account the implications for, and demands on, the families of people with disability.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Service providers to make information available","content":"### sec.30 Service providers to make information available\n\nService providers should make available information that allows the quality of their services to be judged.\nThe information should be available to the people using the services, their families, carers and advocates, people giving financial assistance for the services and the community generally.\n(sec.30-ssec.1) Service providers should make available information that allows the quality of their services to be judged.\n(sec.30-ssec.2) The information should be available to the people using the services, their families, carers and advocates, people giving financial assistance for the services and the community generally.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Raising and resolving grievances","content":"### sec.31 Raising and resolving grievances\n\nServices should be designed and implemented to ensure that appropriate ways exist for people with disability and their advocates to raise grievances about services and have them resolved.\ns 31 amd 2020 No. 39 s 70 sch 1","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Access to advocacy support","content":"### sec.32 Access to advocacy support\n\nServices should be designed and implemented to ensure people with disability have access to necessary independent advocacy support so they can participate adequately in decision-making about the services they receive.\ns 32 amd 2020 No. 39 s 70 sch 1","sortOrder":41},{"sectionNumber":"pt.3","sectionType":"part","heading":"Complaints about the delivery of disability services by particular service providers","content":"# Complaints about the delivery of disability services by particular service providers","sortOrder":42},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Application of part","content":"### sec.32A Application of part\n\nThis part applies in relation to the following service providers—\nthe department;\na funded service provider, other than a service provider that is another department;\nanother service provider prescribed by regulation.\nHowever, this part does not apply in relation to a service provider—\nprescribed by regulation; or\nto the extent the service provider is providing disability services prescribed by regulation.\ns 32A ins 2019 No. 19 s 11\namd 2020 No. 39 s 70 sch 1\n(sec.32A-ssec.1) This part applies in relation to the following service providers— the department; a funded service provider, other than a service provider that is another department; another service provider prescribed by regulation.\n(sec.32A-ssec.2) However, this part does not apply in relation to a service provider— prescribed by regulation; or to the extent the service provider is providing disability services prescribed by regulation.\n- (a) the department;\n- (b) a funded service provider, other than a service provider that is another department;\n- (c) another service provider prescribed by regulation.\n- (a) prescribed by regulation; or\n- (b) to the extent the service provider is providing disability services prescribed by regulation.","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Complaints by consumers","content":"### sec.33 Complaints by consumers\n\nThe following may make a complaint to the chief executive about the delivery of disability services by a service provider in relation to which this part applies—\na consumer;\na family member, carer or advocate of a consumer;\nanother person on behalf of a consumer.\nThe chief executive must maintain a system that deals effectively with complaints received.\ns 33 amd 2014 No. 12 s 55 ; 2019 No. 19 s 12\n(sec.33-ssec.1) The following may make a complaint to the chief executive about the delivery of disability services by a service provider in relation to which this part applies— a consumer; a family member, carer or advocate of a consumer; another person on behalf of a consumer.\n(sec.33-ssec.2) The chief executive must maintain a system that deals effectively with complaints received.\n- (a) a consumer;\n- (b) a family member, carer or advocate of a consumer;\n- (c) another person on behalf of a consumer.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Chief executive may refer matters to complaints agency","content":"### sec.34 Chief executive may refer matters to complaints agency\n\nThe chief executive may—\nliaise with a complaints agency about matters relating to people with disability; and\nrefer matters relating to people with disability to a complaints agency; and\nenter into an arrangement with a complaints agency aimed at avoiding inappropriate duplication of activities.\ns 34 prev s 34 om 2014 No. 12 s 54\namd 2020 No. 39 s 70 sch 1\n- (a) liaise with a complaints agency about matters relating to people with disability; and\n- (b) refer matters relating to people with disability to a complaints agency; and\n- (c) enter into an arrangement with a complaints agency aimed at avoiding inappropriate duplication of activities.","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Complaints agency to inform chief executive about actions taken for complaint","content":"### sec.35 Complaints agency to inform chief executive about actions taken for complaint\n\nThis section applies if—\nthe chief executive refers a matter about a person with disability to a complaints agency; and\nthe chief executive, by notice to the agency, asks for information about the way in which the agency is dealing or has dealt with the matter.\nThe agency must inform the chief executive about any action taken for dealing with the matter or, if it is resolved, the resolution of the matter.\nSubsection (2) applies despite any express provision in an Act establishing a complaints agency that makes it an offence for anyone involved with administration of the Act to disclose the information.\ns 35 prev s 35 om 2014 No. 12 s 54\npres s 35 amd 2020 No. 39 s 70 sch 1\n(sec.35-ssec.1) This section applies if— the chief executive refers a matter about a person with disability to a complaints agency; and the chief executive, by notice to the agency, asks for information about the way in which the agency is dealing or has dealt with the matter.\n(sec.35-ssec.2) The agency must inform the chief executive about any action taken for dealing with the matter or, if it is resolved, the resolution of the matter.\n(sec.35-ssec.3) Subsection (2) applies despite any express provision in an Act establishing a complaints agency that makes it an offence for anyone involved with administration of the Act to disclose the information.\n- (a) the chief executive refers a matter about a person with disability to a complaints agency; and\n- (b) the chief executive, by notice to the agency, asks for information about the way in which the agency is dealing or has dealt with the matter.","sortOrder":46},{"sectionNumber":"pt.4","sectionType":"part","heading":"Funding to people with disability","content":"# Funding to people with disability","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Purpose of pt 4","content":"### sec.36 Purpose of pt 4\n\nThe purpose of this part is to enable people with disability to receive funding to obtain relevant disability services.\ns 36 prev s 36 om 2014 No. 12 s 54\npres s 36 ins 2012 No. 36 s 7\namd 2020 No. 39 s 70 sch 1","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.37 Definitions for pt 4\n\nIn this part—\nindividual funding agreement means an individual funding agreement made under this part.\nparent , of a child with a disability, includes—\na person who exercises parental responsibility for the child, other than a person standing in the place of a parent of a child on a temporary basis; and\nfor an Aboriginal child—a person who, under Aboriginal tradition, is regarded as a parent of the child; and\nfor a Torres Strait Islander child—a person who, under Island custom, is regarded as a parent of the child.\nrelevant disability services , for a person with disability, means disability services, and care and support associated with the person’s disability, prescribed by regulation.\ns 37 def relevant disability services amd 2019 No. 19 s 13 ; 2020 No. 39 s 70 sch 1\nrelevant person means—\nfor an adult with a disability—\na person nominated by the adult to deal with matters under this part on behalf of the adult; or\na guardian or an administrator for the adult; or\nan attorney appointed by the adult under an enduring power of attorney under the Powers of Attorney Act 1998 ; or\na member of the adult’s support network, other than a paid carer for the adult within the meaning of the Guardianship and Administration Act 2000 ; or\nfor a child with a disability—a parent of the child.\ns 37 prev s 37 om 2014 No. 12 s 54\npres s 37 ins 2012 No. 36 s 7\n- (a) a person who exercises parental responsibility for the child, other than a person standing in the place of a parent of a child on a temporary basis; and\n- (b) for an Aboriginal child—a person who, under Aboriginal tradition, is regarded as a parent of the child; and\n- (c) for a Torres Strait Islander child—a person who, under Island custom, is regarded as a parent of the child.\n- (a) for an adult with a disability— (i) a person nominated by the adult to deal with matters under this part on behalf of the adult; or (ii) a guardian or an administrator for the adult; or (iii) an attorney appointed by the adult under an enduring power of attorney under the Powers of Attorney Act 1998 ; or (iv) a member of the adult’s support network, other than a paid carer for the adult within the meaning of the Guardianship and Administration Act 2000 ; or\n- (i) a person nominated by the adult to deal with matters under this part on behalf of the adult; or\n- (ii) a guardian or an administrator for the adult; or\n- (iii) an attorney appointed by the adult under an enduring power of attorney under the Powers of Attorney Act 1998 ; or\n- (iv) a member of the adult’s support network, other than a paid carer for the adult within the meaning of the Guardianship and Administration Act 2000 ; or\n- (b) for a child with a disability—a parent of the child.\n- (i) a person nominated by the adult to deal with matters under this part on behalf of the adult; or\n- (ii) a guardian or an administrator for the adult; or\n- (iii) an attorney appointed by the adult under an enduring power of attorney under the Powers of Attorney Act 1998 ; or\n- (iv) a member of the adult’s support network, other than a paid carer for the adult within the meaning of the Guardianship and Administration Act 2000 ; or","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Approval for funding","content":"### sec.38 Approval for funding\n\nThe Minister may approve funding to—\na person with disability, to enable the person to obtain relevant disability services; or\na relevant person for a person with disability, to enable the relevant person to obtain relevant disability services for the person with disability.\nIf the Minister approves funding to a person mentioned in subsection (1) , the funding can not be provided to the person unless the person has entered into an individual funding agreement under section 39 in relation to the funding.\ns 38 prev s 38 om 2014 No. 12 s 54\npres s 38 ins 2012 No. 36 s 7\nom 2020 No. 39 s 70 sch 1\n(sec.38-ssec.1) The Minister may approve funding to— a person with disability, to enable the person to obtain relevant disability services; or a relevant person for a person with disability, to enable the relevant person to obtain relevant disability services for the person with disability.\n(sec.38-ssec.2) If the Minister approves funding to a person mentioned in subsection (1) , the funding can not be provided to the person unless the person has entered into an individual funding agreement under section 39 in relation to the funding.\n- (a) a person with disability, to enable the person to obtain relevant disability services; or\n- (b) a relevant person for a person with disability, to enable the relevant person to obtain relevant disability services for the person with disability.","sortOrder":50},{"sectionNumber":"sec.39","sectionType":"section","heading":"Individual funding agreement","content":"### sec.39 Individual funding agreement\n\nIf the Minister approves funding to a person under section 38 , the person may enter into an individual funding agreement with the chief executive for the funding.\nThe individual funding agreement must—\ninclude the terms and conditions the chief executive considers appropriate; and\nstate the relevant disability services to be obtained with the funding.\ns 39 prev s 39 om 2014 No. 12 s 54\npres s 39 ins 2012 No. 36 s 7\n(sec.39-ssec.1) If the Minister approves funding to a person under section 38 , the person may enter into an individual funding agreement with the chief executive for the funding.\n(sec.39-ssec.2) The individual funding agreement must— include the terms and conditions the chief executive considers appropriate; and state the relevant disability services to be obtained with the funding.\n- (a) include the terms and conditions the chief executive considers appropriate; and\n- (b) state the relevant disability services to be obtained with the funding.","sortOrder":51},{"sectionNumber":"pt.5","sectionType":"part","heading":"Disability worker screening and related requirements","content":"# Disability worker screening and related requirements","sortOrder":52},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"Main purposes of part","content":"### sec.40 Main purposes of part\n\nThis part—\nestablishes a scheme for screening persons, by obtaining and considering their criminal history and other relevant information, to assess whether the persons pose an unacceptable risk of harm to people with disability; and\nrequires persons who carry out, or propose to carry out, particular work with people with disability to be screened under the scheme before they start carrying out the work; and\nprohibits persons from carrying out particular work with people with disability if the chief executive decides they pose an unacceptable risk of harm to the people with disability.\ns 40 prev s 40 om 2014 No. 12 s 54\npres s 40 amd 2010 No. 5 s 85 ; 2016 No. 9 s 10\nsub 2020 No. 39 s 11\n- (a) establishes a scheme for screening persons, by obtaining and considering their criminal history and other relevant information, to assess whether the persons pose an unacceptable risk of harm to people with disability; and\n- (b) requires persons who carry out, or propose to carry out, particular work with people with disability to be screened under the scheme before they start carrying out the work; and\n- (c) prohibits persons from carrying out particular work with people with disability if the chief executive decides they pose an unacceptable risk of harm to the people with disability.","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Paramount consideration","content":"### sec.41 Paramount consideration\n\nThe paramount consideration in making a decision under this part is the right of people with disability to live lives free from abuse, violence, neglect or exploitation, including financial abuse or exploitation.\ns 41 sub 2020 No. 39 s 11","sortOrder":55},{"sectionNumber":"sec.41A","sectionType":"section","heading":null,"content":"### Section sec.41A\n\ns 41A ins 2019 No. 19 s 15\nom 2020 No. 39 s 11","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Part applies despite Criminal Law (Rehabilitation of Offenders) Act 1986","content":"### sec.42 Part applies despite Criminal Law (Rehabilitation of Offenders) Act 1986\n\nThis part applies to a person despite the Criminal Law (Rehabilitation of Offenders) Act 1986 .\ns 42 ins 2010 No. 5 s 86\namd 2014 No. 28 s 105 sch 1; 2016 No. 9 s 11; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Exemption for secondary school student on work experience","content":"### sec.43 Exemption for secondary school student on work experience\n\nThis section applies if—\na secondary school student on work experience carries out disability work for a service provider (the work experience provider ); and\nanother provision of this part requires a person who is engaged to carry out the disability work to hold a clearance or interstate NDIS clearance.\nDespite the other provision, the student is not required to hold the clearance or interstate NDIS clearance to carry out the disability work.\nThe work experience provider does not commit an offence against the other provision in relation to the student carrying out the disability work if the student carries out the work under the direct supervision of—\nfor NDIS disability work—a person who holds an NDIS clearance or interstate NDIS clearance; or\nfor State disability work—a person who holds a clearance.\ns 43 ins 2010 No. 5 s 86\nsub 2020 No. 39 s 11\n(sec.43-ssec.1) This section applies if— a secondary school student on work experience carries out disability work for a service provider (the work experience provider ); and another provision of this part requires a person who is engaged to carry out the disability work to hold a clearance or interstate NDIS clearance.\n(sec.43-ssec.2) Despite the other provision, the student is not required to hold the clearance or interstate NDIS clearance to carry out the disability work.\n(sec.43-ssec.3) The work experience provider does not commit an offence against the other provision in relation to the student carrying out the disability work if the student carries out the work under the direct supervision of— for NDIS disability work—a person who holds an NDIS clearance or interstate NDIS clearance; or for State disability work—a person who holds a clearance.\n- (a) a secondary school student on work experience carries out disability work for a service provider (the work experience provider ); and\n- (b) another provision of this part requires a person who is engaged to carry out the disability work to hold a clearance or interstate NDIS clearance.\n- (a) for NDIS disability work—a person who holds an NDIS clearance or interstate NDIS clearance; or\n- (b) for State disability work—a person who holds a clearance.","sortOrder":58},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Definition for part","content":"### sec.43A Definition for part\n\nIn this part—\ndisability services department means the department responsible for administering part 1 .\ns 43A ins 2024 No. 50 s 16","sortOrder":59},{"sectionNumber":"sec.44","sectionType":"section","heading":"When a person is engaged to carry out work for entity","content":"### sec.44 When a person is engaged to carry out work for entity\n\nA person is engaged to carry out work for an entity if—\nthe person has an agreement with the entity to carry out the work as an employee or volunteer of the entity; or\nthe person carries out the work under a contract for services between—\nthe entity and the person; or\nthe entity and another person.\nFor this section, it does not matter—\nwhether the agreement or contract is written or unwritten; or\nwhether the work is carried out voluntarily or for financial reward; or\nhow long the person is engaged to carry out the work; or\nwhether the agreement or contract provides for the person to carry out work on 1 occasion or an ongoing basis, whether regularly or irregularly.\nAlso, for this section, the nature of the work does not matter.\nSee also sections 46 , 48 and 49 .\ns 44 prev s 44 om 2014 No. 12 s 56\npres s 44 sub 2020 No. 39 s 11\n(sec.44-ssec.1) A person is engaged to carry out work for an entity if— the person has an agreement with the entity to carry out the work as an employee or volunteer of the entity; or the person carries out the work under a contract for services between— the entity and the person; or the entity and another person.\n(sec.44-ssec.2) For this section, it does not matter— whether the agreement or contract is written or unwritten; or whether the work is carried out voluntarily or for financial reward; or how long the person is engaged to carry out the work; or whether the agreement or contract provides for the person to carry out work on 1 occasion or an ongoing basis, whether regularly or irregularly.\n(sec.44-ssec.3) Also, for this section, the nature of the work does not matter.\n- (a) the person has an agreement with the entity to carry out the work as an employee or volunteer of the entity; or\n- (b) the person carries out the work under a contract for services between— (i) the entity and the person; or (ii) the entity and another person.\n- (i) the entity and the person; or\n- (ii) the entity and another person.\n- (i) the entity and the person; or\n- (ii) the entity and another person.\n- (a) whether the agreement or contract is written or unwritten; or\n- (b) whether the work is carried out voluntarily or for financial reward; or\n- (c) how long the person is engaged to carry out the work; or\n- (d) whether the agreement or contract provides for the person to carry out work on 1 occasion or an ongoing basis, whether regularly or irregularly.","sortOrder":60},{"sectionNumber":"sec.44A","sectionType":"section","heading":null,"content":"### Section sec.44A\n\ns 44A ins 2018 No. 19 s 4\namd 2019 No. 19 s 16\nom 2020 No. 39 s 11","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Meaning of NDIS disability work and risk-assessed NDIS work","content":"### sec.45 Meaning of NDIS disability work and risk-assessed NDIS work\n\nNDIS disability work is work that includes the delivery of NDIS supports or services to a person with disability.\nRisk-assessed NDIS work is NDIS disability work carried out in a role for which the normal duties—\ninclude the direct delivery of specified NDIS supports or services to a person with disability; or\nare likely to require more than incidental contact with a person with disability.\nFor subsection (2) (b) , the normal duties of a person’s role are likely to require more than incidental contact with a person with disability if the duties include—\nphysically touching a person with disability; or\nbuilding a rapport with a person with disability as an integral and ordinary part of the performance of the duties; or\nduties that, under the NDIS (Worker Screening) Practice Standards , are defined to be, or otherwise described as, duties that require more than incidental contact with a person with disability.\nIn this section—\ncontact includes—\nphysical contact; and\nface-to-face contact; and\noral, written and electronic communication.\nrapport means a relationship or understanding that is more than merely polite and functional.\nspecified NDIS supports or services means NDIS supports or services that, under the NDIS (Worker Screening) Practice Standards , are—\nspecified supports or specified services; or\nidentified as supports or services that, if delivered directly to a person with disability, must be delivered by a person who holds an NDIS clearance or interstate NDIS clearance.\ns 45 prev s 45 om 2014 No. 12 s 56\npres s 45 ins 2010 No. 5 s 87\nsub 2020 No. 39 s 11\n(sec.45-ssec.1) NDIS disability work is work that includes the delivery of NDIS supports or services to a person with disability.\n(sec.45-ssec.2) Risk-assessed NDIS work is NDIS disability work carried out in a role for which the normal duties— include the direct delivery of specified NDIS supports or services to a person with disability; or are likely to require more than incidental contact with a person with disability.\n(sec.45-ssec.3) For subsection (2) (b) , the normal duties of a person’s role are likely to require more than incidental contact with a person with disability if the duties include— physically touching a person with disability; or building a rapport with a person with disability as an integral and ordinary part of the performance of the duties; or duties that, under the NDIS (Worker Screening) Practice Standards , are defined to be, or otherwise described as, duties that require more than incidental contact with a person with disability.\n(sec.45-ssec.4) In this section— contact includes— physical contact; and face-to-face contact; and oral, written and electronic communication. rapport means a relationship or understanding that is more than merely polite and functional. specified NDIS supports or services means NDIS supports or services that, under the NDIS (Worker Screening) Practice Standards , are— specified supports or specified services; or identified as supports or services that, if delivered directly to a person with disability, must be delivered by a person who holds an NDIS clearance or interstate NDIS clearance.\n- (a) include the direct delivery of specified NDIS supports or services to a person with disability; or\n- (b) are likely to require more than incidental contact with a person with disability.\n- (a) physically touching a person with disability; or\n- (b) building a rapport with a person with disability as an integral and ordinary part of the performance of the duties; or\n- (c) duties that, under the NDIS (Worker Screening) Practice Standards , are defined to be, or otherwise described as, duties that require more than incidental contact with a person with disability.\n- (a) physical contact; and\n- (b) face-to-face contact; and\n- (c) oral, written and electronic communication.\n- (a) specified supports or specified services; or\n- (b) identified as supports or services that, if delivered directly to a person with disability, must be delivered by a person who holds an NDIS clearance or interstate NDIS clearance.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Key personnel of NDIS service provider taken to be engaged in risk-assessed NDIS work","content":"### sec.46 Key personnel of NDIS service provider taken to be engaged in risk-assessed NDIS work\n\nA person is taken to be engaged to carry out risk-assessed NDIS work for an NDIS service provider if the person is key personnel of the service provider.\nIn this section—\nkey personnel see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 11A .\ns 46 prev s 46 amd 2010 No. 5 s 88\nom 2014 No. 12 s 56\npres s 46 amd 2016 No. 9 s 12; 2018 No. 19 s 5 ; 2019 No. 19 s 17\nsub 2020 No. 39 s 11\n(sec.46-ssec.1) A person is taken to be engaged to carry out risk-assessed NDIS work for an NDIS service provider if the person is key personnel of the service provider.\n(sec.46-ssec.2) In this section— key personnel see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 11A .","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"Meaning of State disability work","content":"### sec.47 Meaning of State disability work\n\nState disability work is work that includes providing disability services that is carried out for the disability services department or a funded service provider.\nState disability work does not include work carried out at a place where a funded service provider provides disability services that is carried out—\nby a consumer of the service provider; or\nby a tradesperson who—\nperforms work at the place from time to time; and\nis not an employee of the service provider; or\nby a volunteer who—\nis a relative of a person who receives disability services at the place; and\nis at the place only to help with the care of the person.\ns 47 prev s 47 om 2014 No. 12 s 56\npres s 47 amd 2010 No. 5 s 89; 2014 No. 34 s 35 sch 1; 2017 No. 14 s 50 sch 1\nsub 2020 No. 39 s 11\namd 2024 No. 50 s 17\n(sec.47-ssec.1) State disability work is work that includes providing disability services that is carried out for the disability services department or a funded service provider.\n(sec.47-ssec.2) State disability work does not include work carried out at a place where a funded service provider provides disability services that is carried out— by a consumer of the service provider; or by a tradesperson who— performs work at the place from time to time; and is not an employee of the service provider; or by a volunteer who— is a relative of a person who receives disability services at the place; and is at the place only to help with the care of the person.\n- (a) by a consumer of the service provider; or\n- (b) by a tradesperson who— (i) performs work at the place from time to time; and (ii) is not an employee of the service provider; or\n- (i) performs work at the place from time to time; and\n- (ii) is not an employee of the service provider; or\n- (c) by a volunteer who— (i) is a relative of a person who receives disability services at the place; and (ii) is at the place only to help with the care of the person.\n- (i) is a relative of a person who receives disability services at the place; and\n- (ii) is at the place only to help with the care of the person.\n- (i) performs work at the place from time to time; and\n- (ii) is not an employee of the service provider; or\n- (i) is a relative of a person who receives disability services at the place; and\n- (ii) is at the place only to help with the care of the person.","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"When person is engaged to carry out State disability work","content":"### sec.48 When person is engaged to carry out State disability work\n\nA person is engaged to carry out State disability work for the disability services department if the person—\nis engaged to carry out the work at a place at which the department provides disability services; or\nis a public service employee employed at a place mentioned in paragraph (a) ; or\nis a member of a committee established under section 222 .\nA person is engaged to carry out State disability work for a funded service provider if the person is engaged to carry out the work at a place at which the service provider provides disability services.\nA person is not engaged to carry out State disability work for the disability services department or a funded service provider if the person is engaged to carry out the work, and carries out the work, for not more than 7 days in a calendar year.\nThis section does not limit section 44 .\ns 48 prev s 48 om 2014 No. 12 s 56\npres s 48 sub 2010 No. 5 s 91; 2020 No. 39 s 11\namd 2022 No. 35 s 42 ; 2024 No. 50 s 17\n(sec.48-ssec.1) A person is engaged to carry out State disability work for the disability services department if the person— is engaged to carry out the work at a place at which the department provides disability services; or is a public service employee employed at a place mentioned in paragraph (a) ; or is a member of a committee established under section 222 .\n(sec.48-ssec.2) A person is engaged to carry out State disability work for a funded service provider if the person is engaged to carry out the work at a place at which the service provider provides disability services.\n(sec.48-ssec.3) A person is not engaged to carry out State disability work for the disability services department or a funded service provider if the person is engaged to carry out the work, and carries out the work, for not more than 7 days in a calendar year.\n(sec.48-ssec.4) This section does not limit section 44 .\n- (a) is engaged to carry out the work at a place at which the department provides disability services; or\n- (b) is a public service employee employed at a place mentioned in paragraph (a) ; or\n- (c) is a member of a committee established under section 222 .","sortOrder":65},{"sectionNumber":"sec.49","sectionType":"section","heading":"Particular members or officers taken to be engaged in State disability work for funded service provider","content":"### sec.49 Particular members or officers taken to be engaged in State disability work for funded service provider\n\nA person is taken to be engaged to carry out State disability work for a funded service provider if—\nthe person is a member of a board, management committee or other governing body of the service provider; or\nif the service provider is a corporation—the person is an executive officer of the service provider.\ns 49 prev s 49 om 2014 No. 12 s 56\npres s 49 amd 2013 No. 51 s 26; 2016 No. 9 s 13 ; 2019 No. 19 s 81 sch 1\nsub 2020 No. 39 s 11\n- (a) the person is a member of a board, management committee or other governing body of the service provider; or\n- (b) if the service provider is a corporation—the person is an executive officer of the service provider.","sortOrder":66},{"sectionNumber":"sec.50","sectionType":"section","heading":"Meaning of clearance and types of clearances","content":"### sec.50 Meaning of clearance and types of clearances\n\nA clearance is a declaration, issued by the chief executive to a person, that—\nscreening of the person has been conducted under this part; and\nthe person is permitted to carry out disability work.\nAn NDIS clearance is a clearance issued to a person who made an NDIS worker screening application.\nAn interstate NDIS clearance is a declaration, however called, issued under a corresponding law that corresponds to an NDIS clearance.\nA State clearance is a clearance issued to a person who made a State disability worker screening application.\ns 50 prev s 50 om 2014 No. 12 s 56\npres s 50 ins 2010 No. 5 s 92\namd 2014 No. 28 s 105 sch 1\n(7)–(9) exp 1 July 2010 (see s 82A(8))\namd 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11\n(sec.50-ssec.1) A clearance is a declaration, issued by the chief executive to a person, that— screening of the person has been conducted under this part; and the person is permitted to carry out disability work.\n(sec.50-ssec.2) An NDIS clearance is a clearance issued to a person who made an NDIS worker screening application.\n(sec.50-ssec.3) An interstate NDIS clearance is a declaration, however called, issued under a corresponding law that corresponds to an NDIS clearance.\n(sec.50-ssec.4) A State clearance is a clearance issued to a person who made a State disability worker screening application.\n- (a) screening of the person has been conducted under this part; and\n- (b) the person is permitted to carry out disability work.","sortOrder":67},{"sectionNumber":"sec.51","sectionType":"section","heading":"Meaning of exclusion and types of exclusions","content":"### sec.51 Meaning of exclusion and types of exclusions\n\nAn exclusion is a declaration, issued by the chief executive to a person, that—\nscreening of the person has been conducted under this part; and\nthe person is excluded from carrying out disability work.\nAn NDIS exclusion is an exclusion issued to a person who made an NDIS worker screening application.\nAn interstate NDIS exclusion is a declaration, however called, issued under a corresponding law that corresponds to an NDIS exclusion.\nA State exclusion is an exclusion issued to a person who made a State disability worker screening application.\ns 51 prev s 51 om 2014 No. 12 s 56\npres s 51 ins 2010 No. 5 s 93\namd 2014 No. 28 s 105 sch 1; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11\n(sec.51-ssec.1) An exclusion is a declaration, issued by the chief executive to a person, that— screening of the person has been conducted under this part; and the person is excluded from carrying out disability work.\n(sec.51-ssec.2) An NDIS exclusion is an exclusion issued to a person who made an NDIS worker screening application.\n(sec.51-ssec.3) An interstate NDIS exclusion is a declaration, however called, issued under a corresponding law that corresponds to an NDIS exclusion.\n(sec.51-ssec.4) A State exclusion is an exclusion issued to a person who made a State disability worker screening application.\n- (a) screening of the person has been conducted under this part; and\n- (b) the person is excluded from carrying out disability work.","sortOrder":68},{"sectionNumber":"sec.52","sectionType":"section","heading":"Meaning of notifiable person","content":"### sec.52 Meaning of notifiable person\n\nEach of the following is a notifiable person for a person—\nif the chief executive is aware that an NDIS service provider engages, or proposes to engage, the person to carry out NDIS disability work—the NDIS service provider;\nif the chief executive is aware that a funded service provider engages, or proposes to engage, the person to carry out State disability work—the funded service provider;\nanother entity prescribed by regulation to be a notifiable person for the person.\nSubsection (3) applies for a person if—\nthe person delivers NDIS supports or services to an NDIS participant as—\nan NDIS sole trader; or\na person engaged by an NDIS service provider to deliver the supports or services; and\nthe Agency is not wholly managing the funding for supports under the NDIS participant’s plan; and\nthe chief executive is notified, or otherwise becomes aware, that the person is delivering the NDIS supports or services to the NDIS participant.\nEach of the following is also a notifiable person for the person—\nthe NDIS participant;\nanother person recognised by the chief executive as a person with the authority or responsibility to act for the NDIS participant in relation to the participant’s plan, other than the Agency.\nIn this section—\nAgency see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 9 .\nmanaging the funding for supports , under an NDIS participant’s plan, see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 42 .\nNDIS participant means a person who is a participant in the national disability insurance scheme under the National Disability Insurance Scheme Act 2013 (Cwlth) .\nplan , for an NDIS participant, means the NDIS participant’s plan under the national disability insurance scheme.\ns 52 prev s 52 om 2014 No. 12 s 56\npres s 52 amd 2010 No. 5 s 94; 2016 No. 9 s 15 ; 2016 No. 63 s 1157 sch 6 ; 2018 No. 19 s 6 ; 2019 No. 19 s 81 sch 1\nsub 2020 No. 39 s 11\n(sec.52-ssec.1) Each of the following is a notifiable person for a person— if the chief executive is aware that an NDIS service provider engages, or proposes to engage, the person to carry out NDIS disability work—the NDIS service provider; if the chief executive is aware that a funded service provider engages, or proposes to engage, the person to carry out State disability work—the funded service provider; another entity prescribed by regulation to be a notifiable person for the person.\n(sec.52-ssec.2) Subsection (3) applies for a person if— the person delivers NDIS supports or services to an NDIS participant as— an NDIS sole trader; or a person engaged by an NDIS service provider to deliver the supports or services; and the Agency is not wholly managing the funding for supports under the NDIS participant’s plan; and the chief executive is notified, or otherwise becomes aware, that the person is delivering the NDIS supports or services to the NDIS participant.\n(sec.52-ssec.3) Each of the following is also a notifiable person for the person— the NDIS participant; another person recognised by the chief executive as a person with the authority or responsibility to act for the NDIS participant in relation to the participant’s plan, other than the Agency.\n(sec.52-ssec.4) In this section— Agency see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 9 . managing the funding for supports , under an NDIS participant’s plan, see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 42 . NDIS participant means a person who is a participant in the national disability insurance scheme under the National Disability Insurance Scheme Act 2013 (Cwlth) . plan , for an NDIS participant, means the NDIS participant’s plan under the national disability insurance scheme.\n- (a) if the chief executive is aware that an NDIS service provider engages, or proposes to engage, the person to carry out NDIS disability work—the NDIS service provider;\n- (b) if the chief executive is aware that a funded service provider engages, or proposes to engage, the person to carry out State disability work—the funded service provider;\n- (c) another entity prescribed by regulation to be a notifiable person for the person.\n- (a) the person delivers NDIS supports or services to an NDIS participant as— (i) an NDIS sole trader; or (ii) a person engaged by an NDIS service provider to deliver the supports or services; and\n- (i) an NDIS sole trader; or\n- (ii) a person engaged by an NDIS service provider to deliver the supports or services; and\n- (b) the Agency is not wholly managing the funding for supports under the NDIS participant’s plan; and\n- (c) the chief executive is notified, or otherwise becomes aware, that the person is delivering the NDIS supports or services to the NDIS participant.\n- (i) an NDIS sole trader; or\n- (ii) a person engaged by an NDIS service provider to deliver the supports or services; and\n- (a) the NDIS participant;\n- (b) another person recognised by the chief executive as a person with the authority or responsibility to act for the NDIS participant in relation to the participant’s plan, other than the Agency.","sortOrder":69},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Requirements related to persons carrying out disability work","content":"## Requirements related to persons carrying out disability work","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Registered NDIS provider engaging person to carry out risk-assessed NDIS work","content":"### sec.53 Registered NDIS provider engaging person to carry out risk-assessed NDIS work\n\nA registered NDIS provider must not engage, or continue to engage, a person to carry out risk-assessed NDIS work unless the person holds an NDIS clearance or interstate NDIS clearance.\nMaximum penalty—\nif an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or\notherwise—100 penalty units.\nIt is an aggravating circumstance for an offence against subsection (1) if the registered NDIS provider has been given notice that—\nthe person’s NDIS clearance was cancelled on the person’s request under division 6 ; or\nthe person’s interstate NDIS clearance was cancelled on the person’s request under a corresponding law.\nA registered NDIS provider does not commit an offence against subsection (1) if—\nthe person (a subcontractor ) is engaged to carry out the risk-assessed NDIS work under a contract for services between the provider and another person; and\nthe provider has complied with the NDIS (Worker Screening) Practice Standards in relation to the subcontractor being engaged to carry out the risk-assessed NDIS work for the provider.\ns 53 prev s 53 om 2014 No. 12 s 56\npres s 53 amd 2010 No. 5 s 95\nsub 2020 No. 39 s 11\n(sec.53-ssec.1) A registered NDIS provider must not engage, or continue to engage, a person to carry out risk-assessed NDIS work unless the person holds an NDIS clearance or interstate NDIS clearance. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units.\n(sec.53-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if the registered NDIS provider has been given notice that— the person’s NDIS clearance was cancelled on the person’s request under division 6 ; or the person’s interstate NDIS clearance was cancelled on the person’s request under a corresponding law.\n(sec.53-ssec.3) A registered NDIS provider does not commit an offence against subsection (1) if— the person (a subcontractor ) is engaged to carry out the risk-assessed NDIS work under a contract for services between the provider and another person; and the provider has complied with the NDIS (Worker Screening) Practice Standards in relation to the subcontractor being engaged to carry out the risk-assessed NDIS work for the provider.\n- (a) if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or\n- (b) otherwise—100 penalty units.\n- (a) the person’s NDIS clearance was cancelled on the person’s request under division 6 ; or\n- (b) the person’s interstate NDIS clearance was cancelled on the person’s request under a corresponding law.\n- (a) the person (a subcontractor ) is engaged to carry out the risk-assessed NDIS work under a contract for services between the provider and another person; and\n- (b) the provider has complied with the NDIS (Worker Screening) Practice Standards in relation to the subcontractor being engaged to carry out the risk-assessed NDIS work for the provider.","sortOrder":71},{"sectionNumber":"sec.54","sectionType":"section","heading":"Carrying out risk-assessed NDIS work without NDIS clearance or interstate NDIS clearance prohibited","content":"### sec.54 Carrying out risk-assessed NDIS work without NDIS clearance or interstate NDIS clearance prohibited\n\nA person must not start, or continue, an engagement to carry out risk-assessed NDIS work for a registered NDIS provider unless the person holds an NDIS clearance or interstate NDIS clearance.\nMaximum penalty—\nif an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or\notherwise—100 penalty units.\nA person who is a registered NDIS provider must not carry out risk-assessed NDIS work as an NDIS sole trader unless the person holds an NDIS clearance or interstate NDIS clearance.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nIt is an aggravating circumstance for an offence against subsection (1) if the person—\nheld an NDIS clearance that was cancelled on the person’s request under division 6 ; or\nheld an interstate NDIS clearance that was cancelled on the person’s request under a corresponding law; or\nis a disqualified person; or\nholds a negative notice under the Working with Children Check Act 2000 ; or\nis subject to—\noffender reporting obligations; or\nan offender prohibition order; or\nan offender prohibition disqualification order; or\na sexual offender order; or\nis the respondent to an application for an offender prohibition order.\ns 54 prev s 54 om 2014 No. 12 s 56\npres s 54 amd 2010 No. 5 s 96\nsub 2020 No. 39 s 11\namd 2024 No. 49 s 130 sch 4 pt 2\n(sec.54-ssec.1) A person must not start, or continue, an engagement to carry out risk-assessed NDIS work for a registered NDIS provider unless the person holds an NDIS clearance or interstate NDIS clearance. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units.\n(sec.54-ssec.2) A person who is a registered NDIS provider must not carry out risk-assessed NDIS work as an NDIS sole trader unless the person holds an NDIS clearance or interstate NDIS clearance. Maximum penalty—500 penalty units or 5 years imprisonment.\n(sec.54-ssec.3) It is an aggravating circumstance for an offence against subsection (1) if the person— held an NDIS clearance that was cancelled on the person’s request under division 6 ; or held an interstate NDIS clearance that was cancelled on the person’s request under a corresponding law; or is a disqualified person; or holds a negative notice under the Working with Children Check Act 2000 ; or is subject to— offender reporting obligations; or an offender prohibition order; or an offender prohibition disqualification order; or a sexual offender order; or is the respondent to an application for an offender prohibition order.\n- (a) if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or\n- (b) otherwise—100 penalty units.\n- (a) held an NDIS clearance that was cancelled on the person’s request under division 6 ; or\n- (b) held an interstate NDIS clearance that was cancelled on the person’s request under a corresponding law; or\n- (c) is a disqualified person; or\n- (d) holds a negative notice under the Working with Children Check Act 2000 ; or\n- (e) is subject to— (i) offender reporting obligations; or (ii) an offender prohibition order; or (iii) an offender prohibition disqualification order; or (iv) a sexual offender order; or\n- (i) offender reporting obligations; or\n- (ii) an offender prohibition order; or\n- (iii) an offender prohibition disqualification order; or\n- (iv) a sexual offender order; or\n- (f) is the respondent to an application for an offender prohibition order.\n- (i) offender reporting obligations; or\n- (ii) an offender prohibition order; or\n- (iii) an offender prohibition disqualification order; or\n- (iv) a sexual offender order; or","sortOrder":72},{"sectionNumber":"sec.55","sectionType":"section","heading":"Engaging person with NDIS exclusion or interstate NDIS exclusion prohibited","content":"### sec.55 Engaging person with NDIS exclusion or interstate NDIS exclusion prohibited\n\nAn NDIS service provider must not engage, or continue to engage, a person to carry out NDIS disability work if—\nthe person holds an NDIS exclusion or an interstate NDIS exclusion; and\nthe service provider knows, or ought reasonably to know, the person holds an NDIS exclusion or interstate NDIS exclusion.\nMaximum penalty—200 penalty units or 2 years imprisonment.\ns 55 prev s 55 om 2014 No. 12 s 56\npres s 55 amd 2010 No. 5 s 97\nsub 2020 No. 39 s 11\n- (a) the person holds an NDIS exclusion or an interstate NDIS exclusion; and\n- (b) the service provider knows, or ought reasonably to know, the person holds an NDIS exclusion or interstate NDIS exclusion.","sortOrder":73},{"sectionNumber":"sec.56","sectionType":"section","heading":"Engaging person with suspended NDIS clearance or interstate NDIS clearance, or subject to interim bar, prohibited","content":"### sec.56 Engaging person with suspended NDIS clearance or interstate NDIS clearance, or subject to interim bar, prohibited\n\nThis section applies if—\na person—\nholds an NDIS clearance that is suspended under division 6 ; or\nholds an interstate NDIS clearance that is suspended under a corresponding law; or\nis subject to an interim bar; and\nan NDIS service provider knows, or ought reasonably to know, the person’s NDIS clearance or interstate NDIS clearance is suspended or the interim bar is in effect for the person.\nThe NDIS service provider must not—\nif the person is engaged by the service provider under an existing arrangement to carry out NDIS disability work for the service provider—allow the person to carry out work that is NDIS disability work; or\notherwise—start to engage the person to carry out NDIS disability work.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nSee sections 84 (3) and 113 (3) for the restrictions on terminating a person’s employment solely or mainly because the person’s clearance is suspended or an interim bar is in effect for the person.\ns 56 prev s 56 om 2014 No. 12 s 56\npres s 56 amd 2009 No. 24 s 51; 2010 No. 5 s 98; 2016 No. 9 s 16 ; 2018 No. 19 s 7 ; 2019 No. 19 s 81 sch 1\nsub 2020 No. 39 s 11\n(sec.56-ssec.1) This section applies if— a person— holds an NDIS clearance that is suspended under division 6 ; or holds an interstate NDIS clearance that is suspended under a corresponding law; or is subject to an interim bar; and an NDIS service provider knows, or ought reasonably to know, the person’s NDIS clearance or interstate NDIS clearance is suspended or the interim bar is in effect for the person.\n(sec.56-ssec.2) The NDIS service provider must not— if the person is engaged by the service provider under an existing arrangement to carry out NDIS disability work for the service provider—allow the person to carry out work that is NDIS disability work; or otherwise—start to engage the person to carry out NDIS disability work. Maximum penalty—200 penalty units or 2 years imprisonment. See sections 84 (3) and 113 (3) for the restrictions on terminating a person’s employment solely or mainly because the person’s clearance is suspended or an interim bar is in effect for the person.\n- (a) a person— (i) holds an NDIS clearance that is suspended under division 6 ; or (ii) holds an interstate NDIS clearance that is suspended under a corresponding law; or (iii) is subject to an interim bar; and\n- (i) holds an NDIS clearance that is suspended under division 6 ; or\n- (ii) holds an interstate NDIS clearance that is suspended under a corresponding law; or\n- (iii) is subject to an interim bar; and\n- (b) an NDIS service provider knows, or ought reasonably to know, the person’s NDIS clearance or interstate NDIS clearance is suspended or the interim bar is in effect for the person.\n- (i) holds an NDIS clearance that is suspended under division 6 ; or\n- (ii) holds an interstate NDIS clearance that is suspended under a corresponding law; or\n- (iii) is subject to an interim bar; and\n- (a) if the person is engaged by the service provider under an existing arrangement to carry out NDIS disability work for the service provider—allow the person to carry out work that is NDIS disability work; or\n- (b) otherwise—start to engage the person to carry out NDIS disability work.","sortOrder":74},{"sectionNumber":"sec.57","sectionType":"section","heading":"Holder of NDIS exclusion or interstate NDIS exclusion prohibited from carrying out NDIS disability work","content":"### sec.57 Holder of NDIS exclusion or interstate NDIS exclusion prohibited from carrying out NDIS disability work\n\nA person who holds an NDIS exclusion or an interstate NDIS exclusion must not—\nstart, or continue, an engagement to carry out NDIS disability work for an NDIS service provider; or\ncarry out NDIS disability work as an NDIS sole trader.\nMaximum penalty—500 penalty units or 5 years imprisonment.\ns 57 prev s 57 amd 2013 No. 51 s 25\nom 2014 No. 12 s 56\npres s 57 amd 2010 No. 5 s 99\nsub 2020 No. 39 s 11\n- (a) start, or continue, an engagement to carry out NDIS disability work for an NDIS service provider; or\n- (b) carry out NDIS disability work as an NDIS sole trader.","sortOrder":75},{"sectionNumber":"sec.58","sectionType":"section","heading":"Funded service provider must prepare annual risk management strategy","content":"### sec.58 Funded service provider must prepare annual risk management strategy\n\nEach year, a funded service provider that engages 1 or more persons to carry out State disability work must develop and implement a written strategy (a risk management strategy ) that complies with this section.\nMaximum penalty—20 penalty units.\nA risk management strategy must include practices and procedures for engaging persons who carry out State disability work for the funded service provider in ways that—\npromote the wellbeing of people with disability; and\nprotect people with disability from abuse, violence, neglect or exploitation.\nA regulation may prescribe other matters that must be included in a risk management strategy.\ns 58 prev s 58 om 2014 No. 12 s 56\npres s 58 amd 2010 No. 5 s 100\nsub 2020 No. 39 s 11\n(sec.58-ssec.1) Each year, a funded service provider that engages 1 or more persons to carry out State disability work must develop and implement a written strategy (a risk management strategy ) that complies with this section. Maximum penalty—20 penalty units.\n(sec.58-ssec.2) A risk management strategy must include practices and procedures for engaging persons who carry out State disability work for the funded service provider in ways that— promote the wellbeing of people with disability; and protect people with disability from abuse, violence, neglect or exploitation.\n(sec.58-ssec.3) A regulation may prescribe other matters that must be included in a risk management strategy.\n- (a) promote the wellbeing of people with disability; and\n- (b) protect people with disability from abuse, violence, neglect or exploitation.","sortOrder":76},{"sectionNumber":"sec.59","sectionType":"section","heading":"Funded service provider engaging person to carry out State disability work","content":"### sec.59 Funded service provider engaging person to carry out State disability work\n\nA funded service provider must not engage, or continue to engage, a person to carry out State disability work unless—\nthe person holds a clearance; and\nthe service provider has given the chief executive a notice, under subsections (3) and (4) , about engaging the person to carry out State disability work.\nMaximum penalty—\nif an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or\notherwise—100 penalty units.\nIt is an aggravating circumstance for an offence against subsection (1) if—\nthe person holds an exclusion and the funded service provider knows, or ought reasonably to know, the person holds the exclusion; or\nthe funded service provider is given notice that the person’s clearance was cancelled on the person’s request under division 6 .\nBefore giving a notice mentioned in subsection (1) (b) , the funded service provider must take reasonable steps to verify the person’s identity.\nviewing the person’s clearance or driver licence that includes the person’s photograph\nA notice mentioned in subsection (1) (b) must be given in the approved form and in an approved way.\ns 59 prev s 59 amd 2010 No. 5 s 82\nom 2014 No. 12 s 56\npres s 59 ins 2010 No. 5 s 101\namd 2014 No. 28 s 105 sch 1 ; 2016 No. 9 s 18 ; 2018 No. 19 s 8 ; 2019 No. 19 s 81 sch 1 ; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11\n(sec.59-ssec.1) A funded service provider must not engage, or continue to engage, a person to carry out State disability work unless— the person holds a clearance; and the service provider has given the chief executive a notice, under subsections (3) and (4) , about engaging the person to carry out State disability work. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units.\n(sec.59-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if— the person holds an exclusion and the funded service provider knows, or ought reasonably to know, the person holds the exclusion; or the funded service provider is given notice that the person’s clearance was cancelled on the person’s request under division 6 .\n(sec.59-ssec.3) Before giving a notice mentioned in subsection (1) (b) , the funded service provider must take reasonable steps to verify the person’s identity. viewing the person’s clearance or driver licence that includes the person’s photograph\n(sec.59-ssec.4) A notice mentioned in subsection (1) (b) must be given in the approved form and in an approved way.\n- (a) the person holds a clearance; and\n- (b) the service provider has given the chief executive a notice, under subsections (3) and (4) , about engaging the person to carry out State disability work.\n- (a) if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or\n- (b) otherwise—100 penalty units.\n- (a) the person holds an exclusion and the funded service provider knows, or ought reasonably to know, the person holds the exclusion; or\n- (b) the funded service provider is given notice that the person’s clearance was cancelled on the person’s request under division 6 .","sortOrder":77},{"sectionNumber":"sec.60","sectionType":"section","heading":"Engaging person with suspended clearance, or subject to interim bar, prohibited","content":"### sec.60 Engaging person with suspended clearance, or subject to interim bar, prohibited\n\nThis section applies if—\na person—\nholds a clearance that is suspended; or\nis subject to an interim bar; and\na funded service provider knows, or ought reasonably to know, the person’s clearance is suspended or the interim bar is in effect for the person.\nThe funded service provider must not—\nif the person is engaged by the service provider under an existing arrangement to carry out State disability work for the service provider—allow the person to carry out work that is State disability work; or\notherwise—start to engage the person to carry out State disability work.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nSee sections 84 (3) and 113 (3) for the restrictions on terminating a person’s employment solely or mainly because the person’s clearance is suspended or an interim bar is in effect for the person.\ns 60 prev s 60 om 2014 No. 12 s 56\npres s 60 ins 2010 No. 5 s 101\nsub 2020 No. 39 s 11\n(sec.60-ssec.1) This section applies if— a person— holds a clearance that is suspended; or is subject to an interim bar; and a funded service provider knows, or ought reasonably to know, the person’s clearance is suspended or the interim bar is in effect for the person.\n(sec.60-ssec.2) The funded service provider must not— if the person is engaged by the service provider under an existing arrangement to carry out State disability work for the service provider—allow the person to carry out work that is State disability work; or otherwise—start to engage the person to carry out State disability work. Maximum penalty—200 penalty units or 2 years imprisonment. See sections 84 (3) and 113 (3) for the restrictions on terminating a person’s employment solely or mainly because the person’s clearance is suspended or an interim bar is in effect for the person.\n- (a) a person— (i) holds a clearance that is suspended; or (ii) is subject to an interim bar; and\n- (i) holds a clearance that is suspended; or\n- (ii) is subject to an interim bar; and\n- (b) a funded service provider knows, or ought reasonably to know, the person’s clearance is suspended or the interim bar is in effect for the person.\n- (i) holds a clearance that is suspended; or\n- (ii) is subject to an interim bar; and\n- (a) if the person is engaged by the service provider under an existing arrangement to carry out State disability work for the service provider—allow the person to carry out work that is State disability work; or\n- (b) otherwise—start to engage the person to carry out State disability work.","sortOrder":78},{"sectionNumber":"sec.61","sectionType":"section","heading":"Carrying out State disability work without clearance prohibited","content":"### sec.61 Carrying out State disability work without clearance prohibited\n\nA person must not start, or continue, an engagement to carry out State disability work for the disability services department or a funded service provider unless the person holds a clearance.\nMaximum penalty—\nif an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or\notherwise—100 penalty units.\nA person must not carry out State disability work as a State sole trader unless the person holds a clearance.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nIt is an aggravating circumstance for an offence against subsection (1) if the person—\nholds an exclusion; or\nheld a clearance that was cancelled on the person’s request under division 6 ; or\nis a disqualified person; or\nholds a negative notice under the Working with Children Check Act 2000 ; or\nis subject to—\noffender reporting obligations; or\nan offender prohibition order; or\nan offender prohibition disqualification order; or\na sexual offender order; or\nis the respondent to an application for an offender prohibition order.\ns 61 prev s 61 om 2010 No. 5 s 83\npres s 61 ins 2010 No. 5 s 101\namd 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11\namd 2024 No. 50 s 17 ; 2024 No. 49 s 130 s ch 4 pt 2\n(sec.61-ssec.1) A person must not start, or continue, an engagement to carry out State disability work for the disability services department or a funded service provider unless the person holds a clearance. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units.\n(sec.61-ssec.2) A person must not carry out State disability work as a State sole trader unless the person holds a clearance. Maximum penalty—500 penalty units or 5 years imprisonment.\n(sec.61-ssec.3) It is an aggravating circumstance for an offence against subsection (1) if the person— holds an exclusion; or held a clearance that was cancelled on the person’s request under division 6 ; or is a disqualified person; or holds a negative notice under the Working with Children Check Act 2000 ; or is subject to— offender reporting obligations; or an offender prohibition order; or an offender prohibition disqualification order; or a sexual offender order; or is the respondent to an application for an offender prohibition order.\n- (a) if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or\n- (b) otherwise—100 penalty units.\n- (a) holds an exclusion; or\n- (b) held a clearance that was cancelled on the person’s request under division 6 ; or\n- (c) is a disqualified person; or\n- (d) holds a negative notice under the Working with Children Check Act 2000 ; or\n- (e) is subject to— (i) offender reporting obligations; or (ii) an offender prohibition order; or (iii) an offender prohibition disqualification order; or (iv) a sexual offender order; or\n- (i) offender reporting obligations; or\n- (ii) an offender prohibition order; or\n- (iii) an offender prohibition disqualification order; or\n- (iv) a sexual offender order; or\n- (f) is the respondent to an application for an offender prohibition order.\n- (i) offender reporting obligations; or\n- (ii) an offender prohibition order; or\n- (iii) an offender prohibition disqualification order; or\n- (iv) a sexual offender order; or","sortOrder":79},{"sectionNumber":"sec.62","sectionType":"section","heading":"No contravention of particular requirements in absence of notice","content":"### sec.62 No contravention of particular requirements in absence of notice\n\nThis section applies in relation to—\na provision of this division about a person carrying out disability work; and\na person who—\nheld a clearance that was cancelled under division 6 ; or\nheld an interstate NDIS clearance that was cancelled under a corresponding law; or\nholds an exclusion issued to the person after the person’s clearance was cancelled under division 6 ; or\nholds an interstate NDIS exclusion issued to the person after the person’s interstate NDIS clearance was cancelled under a corresponding law.\nA court may not find that the person contravened the provision unless the person was given notice about the cancellation of the clearance or interstate NDIS clearance held by the person or the issue of the exclusion or interstate NDIS exclusion to the person.\ns 62 prev s 62 om 2010 No. 5 s 83\npres s 62 ins 2010 No. 5 s 101\namd 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11\n(sec.62-ssec.1) This section applies in relation to— a provision of this division about a person carrying out disability work; and a person who— held a clearance that was cancelled under division 6 ; or held an interstate NDIS clearance that was cancelled under a corresponding law; or holds an exclusion issued to the person after the person’s clearance was cancelled under division 6 ; or holds an interstate NDIS exclusion issued to the person after the person’s interstate NDIS clearance was cancelled under a corresponding law.\n(sec.62-ssec.2) A court may not find that the person contravened the provision unless the person was given notice about the cancellation of the clearance or interstate NDIS clearance held by the person or the issue of the exclusion or interstate NDIS exclusion to the person.\n- (a) a provision of this division about a person carrying out disability work; and\n- (b) a person who— (i) held a clearance that was cancelled under division 6 ; or (ii) held an interstate NDIS clearance that was cancelled under a corresponding law; or (iii) holds an exclusion issued to the person after the person’s clearance was cancelled under division 6 ; or (iv) holds an interstate NDIS exclusion issued to the person after the person’s interstate NDIS clearance was cancelled under a corresponding law.\n- (i) held a clearance that was cancelled under division 6 ; or\n- (ii) held an interstate NDIS clearance that was cancelled under a corresponding law; or\n- (iii) holds an exclusion issued to the person after the person’s clearance was cancelled under division 6 ; or\n- (iv) holds an interstate NDIS exclusion issued to the person after the person’s interstate NDIS clearance was cancelled under a corresponding law.\n- (i) held a clearance that was cancelled under division 6 ; or\n- (ii) held an interstate NDIS clearance that was cancelled under a corresponding law; or\n- (iii) holds an exclusion issued to the person after the person’s clearance was cancelled under division 6 ; or\n- (iv) holds an interstate NDIS exclusion issued to the person after the person’s interstate NDIS clearance was cancelled under a corresponding law.","sortOrder":80},{"sectionNumber":"sec.63","sectionType":"section","heading":"Complying with requirement to end, or not start, person’s engagement","content":"### sec.63 Complying with requirement to end, or not start, person’s engagement\n\nThis section applies if it would be an offence against a provision of this part for an NDIS service provider or funded service provider to engage, or continue to engage, a person (the engaged person ) to carry out disability work.\nThe NDIS service provider or funded service provider must comply with the provision despite another Act or law or any industrial award or agreement.\nThe NDIS service provider or funded service provider does not incur any liability because, in complying with the provision, the service provider does not engage, or continue to engage, the engaged person to carry out disability work.\nA person whose clearance is suspended under division 6 , or whose interstate NDIS clearance is suspended under a corresponding law, may be engaged by the NDIS service provider or funded service provider other than to carry out disability work until the suspension ends.\ns 63 prev s 63 om 2010 No. 5 s 83\npres s 63 ins 2010 No. 5 s 101\namd 2016 No. 9 s 19 ; 2018 No. 19 s 9 ; 2019 No. 19 s 81 sch 1\nsub 2020 No. 39 s 11\n(sec.63-ssec.1) This section applies if it would be an offence against a provision of this part for an NDIS service provider or funded service provider to engage, or continue to engage, a person (the engaged person ) to carry out disability work.\n(sec.63-ssec.2) The NDIS service provider or funded service provider must comply with the provision despite another Act or law or any industrial award or agreement.\n(sec.63-ssec.3) The NDIS service provider or funded service provider does not incur any liability because, in complying with the provision, the service provider does not engage, or continue to engage, the engaged person to carry out disability work.\n(sec.63-ssec.4) A person whose clearance is suspended under division 6 , or whose interstate NDIS clearance is suspended under a corresponding law, may be engaged by the NDIS service provider or funded service provider other than to carry out disability work until the suspension ends.","sortOrder":81},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Disability worker screening applications","content":"## Disability worker screening applications","sortOrder":82},{"sectionNumber":"sec.64","sectionType":"section","heading":"Application by exclusion holder prohibited","content":"### sec.64 Application by exclusion holder prohibited\n\nA person who holds an exclusion or an interstate NDIS exclusion must not make a disability worker screening application.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nAn application made in contravention of subsection (1) has no effect.\ns 64 prev s 64 om 2010 No. 5 s 83\npres s 64 ins 2010 No. 5 s 101\namd 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11\n(sec.64-ssec.1) A person who holds an exclusion or an interstate NDIS exclusion must not make a disability worker screening application. Maximum penalty—500 penalty units or 5 years imprisonment.\n(sec.64-ssec.2) An application made in contravention of subsection (1) has no effect.","sortOrder":83},{"sectionNumber":"sec.65","sectionType":"section","heading":"Application related to NDIS disability work","content":"### sec.65 Application related to NDIS disability work\n\nA person may apply to the chief executive for a clearance if the person—\nis, or proposes to be—\nengaged by an NDIS service provider to carry out NDIS disability work; or\nan NDIS sole trader; or\nengaged by an entity prescribed by regulation for this section; and\ncomplies with each other criterion prescribed by regulation for this section.\ns 65 prev s 65 om 2010 No. 5 s 83\npres s 65 sub 2010 No. 5 s 103\namd 2010 No. 5 s 104 ; 2016 No. 9 s 21 ; 2018 No. 19 s 10 ; 2019 No. 19 s 17A\nsub 2020 No. 39 s 11\n- (a) is, or proposes to be— (i) engaged by an NDIS service provider to carry out NDIS disability work; or (ii) an NDIS sole trader; or (iii) engaged by an entity prescribed by regulation for this section; and\n- (i) engaged by an NDIS service provider to carry out NDIS disability work; or\n- (ii) an NDIS sole trader; or\n- (iii) engaged by an entity prescribed by regulation for this section; and\n- (b) complies with each other criterion prescribed by regulation for this section.\n- (i) engaged by an NDIS service provider to carry out NDIS disability work; or\n- (ii) an NDIS sole trader; or\n- (iii) engaged by an entity prescribed by regulation for this section; and","sortOrder":84},{"sectionNumber":"sec.66","sectionType":"section","heading":"Application related to State disability work","content":"### sec.66 Application related to State disability work\n\nA person may apply to the chief executive for a clearance if the person is, or proposes to be—\nengaged by the disability services department or a funded service provider to carry out State disability work; or\na State sole trader; or\nengaged by an entity prescribed by regulation for this section.\ns 66 prev s 66 om 2010 No. 5 s 83\npres s 66 ins 2010 No. 5 s 103\namd 2010 No. 5 s 105 ; 2016 No. 9 s 22 ; 2018 No. 19 s 11 ; 2019 No. 19 s 17B\nsub 2020 No. 39 s 11\namd 2024 No. 50 s 17\n- (a) engaged by the disability services department or a funded service provider to carry out State disability work; or\n- (b) a State sole trader; or\n- (c) engaged by an entity prescribed by regulation for this section.","sortOrder":85},{"sectionNumber":"sec.67","sectionType":"section","heading":"Application combined with working with children check application","content":"### sec.67 Application combined with working with children check application\n\nA person may combine an application under section 65 or 66 with a working with children check application.\nAn application made under subsection (1) is a combined application .\nThis part applies to a combined application to the extent it is an application under section 65 or 66 .\nIf a combined application is made to the chief executive, the chief executive must give the information in the combined application, to the extent the information relates to the person’s working with children check application, to the chief executive (working with children).\ns 67 prev s 67 om 2010 No. 5 s 83\npres s 67 ins 2010 No. 5 s 103\namd 2010 No. 5 s 106 ; 2016 No. 9 s 23 ; 2018 No. 19 s 12 ; 2019 No. 19 s 17C\nsub 2020 No. 39 s 11\n(sec.67-ssec.1) A person may combine an application under section 65 or 66 with a working with children check application.\n(sec.67-ssec.2) An application made under subsection (1) is a combined application .\n(sec.67-ssec.3) This part applies to a combined application to the extent it is an application under section 65 or 66 .\n(sec.67-ssec.4) If a combined application is made to the chief executive, the chief executive must give the information in the combined application, to the extent the information relates to the person’s working with children check application, to the chief executive (working with children).","sortOrder":86},{"sectionNumber":"sec.67A","sectionType":"section","heading":null,"content":"### Section sec.67A\n\ns 67A ins 2018 No. 19 s 13\namd 2019 No. 18 s 86 (2) sch 2\nom 2020 No. 39 s 11","sortOrder":87},{"sectionNumber":"sec.67B","sectionType":"section","heading":null,"content":"### Section sec.67B\n\ns 67B ins 2018 No. 19 s 13\nom 2020 No. 39 s 11","sortOrder":88},{"sectionNumber":"sec.68","sectionType":"section","heading":"Form of application","content":"### sec.68 Form of application\n\nA disability worker screening application must be—\nmade in the approved form and in an approved way; and\nsigned by the applicant; and\naccompanied by the fee prescribed by regulation for the application.\nThe approved form must provide for the applicant—\nto provide proof of the applicant’s identity; and\nto consent to being screened under this part; and\nif the applicant is engaged, or proposes to be engaged, to carry out disability work—to provide information about the entity that has engaged, or proposes to engage, the applicant to carry out the disability work.\ns 68 prev s 68 om 2010 No. 5 s 83\npres s 68 ins 2010 No. 5 s 103\nsub 2010 No. 5 s 107\namd 2014 No. 28 s 105 sch 1 ; 2016 No. 9 s 24 ; 2018 No. 19 s 14 ; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11\n(sec.68-ssec.1) A disability worker screening application must be— made in the approved form and in an approved way; and signed by the applicant; and accompanied by the fee prescribed by regulation for the application.\n(sec.68-ssec.2) The approved form must provide for the applicant— to provide proof of the applicant’s identity; and to consent to being screened under this part; and if the applicant is engaged, or proposes to be engaged, to carry out disability work—to provide information about the entity that has engaged, or proposes to engage, the applicant to carry out the disability work.\n- (a) made in the approved form and in an approved way; and\n- (b) signed by the applicant; and\n- (c) accompanied by the fee prescribed by regulation for the application.\n- (a) to provide proof of the applicant’s identity; and\n- (b) to consent to being screened under this part; and\n- (c) if the applicant is engaged, or proposes to be engaged, to carry out disability work—to provide information about the entity that has engaged, or proposes to engage, the applicant to carry out the disability work.","sortOrder":89},{"sectionNumber":"sec.69","sectionType":"section","heading":"Chief executive may request further information","content":"### sec.69 Chief executive may request further information\n\nAfter receiving a disability worker screening application, the chief executive may give the applicant a notice asking the applicant to give the chief executive, within a reasonable stated time—\nstated information the chief executive reasonably needs to establish the applicant’s identity; or\nstated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.\nA request under subsection (1) must state that, if the applicant does not comply with the request within the stated time, the application may be withdrawn.\ns 69 prev s 69 om 2010 No. 5 s 83\npres s 69 ins 2010 No. 5 s 107\namd 2016 No. 9 s 25\nsub 2020 No. 39 s 11\n(sec.69-ssec.1) After receiving a disability worker screening application, the chief executive may give the applicant a notice asking the applicant to give the chief executive, within a reasonable stated time— stated information the chief executive reasonably needs to establish the applicant’s identity; or stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.\n(sec.69-ssec.2) A request under subsection (1) must state that, if the applicant does not comply with the request within the stated time, the application may be withdrawn.\n- (a) stated information the chief executive reasonably needs to establish the applicant’s identity; or\n- (b) stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.","sortOrder":90},{"sectionNumber":"sec.69A","sectionType":"section","heading":null,"content":"### Section sec.69A\n\ns 69A ins 2019 No. 19 s 17D\nom 2020 No. 39 s 11","sortOrder":91},{"sectionNumber":"sec.70","sectionType":"section","heading":"Applicant must give notice of change in information","content":"### sec.70 Applicant must give notice of change in information\n\nThis section applies if, before the chief executive decides a disability worker screening application—\nthe applicant’s name or contact details as stated in the application change; or\nif the application states information about the applicant’s engagement with an NDIS service provider or funded service provider—the stated information changes; or\nanother matter, prescribed by regulation for this section, changes in relation to the applicant.\nThe applicant must give the chief executive a notice about the change, in the approved form and in an approved way, within 7 days after the change happens.\nMaximum penalty—10 penalty units.\ns 70 prev s 70 om 2010 No. 5 s 83\npres s 70 amd 2010 No. 5 s 108; 2016 No. 9 s 26 ; 2018 No. 19 s 15 ; 2019 No. 19 s 17E\nsub 2020 No. 39 s 11\n(sec.70-ssec.1) This section applies if, before the chief executive decides a disability worker screening application— the applicant’s name or contact details as stated in the application change; or if the application states information about the applicant’s engagement with an NDIS service provider or funded service provider—the stated information changes; or another matter, prescribed by regulation for this section, changes in relation to the applicant.\n(sec.70-ssec.2) The applicant must give the chief executive a notice about the change, in the approved form and in an approved way, within 7 days after the change happens. Maximum penalty—10 penalty units.\n- (a) the applicant’s name or contact details as stated in the application change; or\n- (b) if the application states information about the applicant’s engagement with an NDIS service provider or funded service provider—the stated information changes; or\n- (c) another matter, prescribed by regulation for this section, changes in relation to the applicant.","sortOrder":92},{"sectionNumber":"sec.71","sectionType":"section","heading":"Notice of change in police information or risk assessment matter","content":"### sec.71 Notice of change in police information or risk assessment matter\n\nThis section applies if, before the chief executive decides a disability worker screening application, the applicant becomes aware that—\nthe police information about the applicant changes; or\na risk assessment matter relating to the applicant changes.\nThe applicant must immediately give the chief executive a notice about the change, in the approved form and in an approved way.\nMaximum penalty—100 penalty units.\nFor subsection (1) (a) , the police information about a person changes if a criminal history event happens in relation to the person.\ns 71 prev s 71 om 2010 No. 5 s 83\npres s 71 sub 2010 No. 5 s 109 ; 2020 No. 39 s 11\n(sec.71-ssec.1) This section applies if, before the chief executive decides a disability worker screening application, the applicant becomes aware that— the police information about the applicant changes; or a risk assessment matter relating to the applicant changes.\n(sec.71-ssec.2) The applicant must immediately give the chief executive a notice about the change, in the approved form and in an approved way. Maximum penalty—100 penalty units.\n(sec.71-ssec.3) For subsection (1) (a) , the police information about a person changes if a criminal history event happens in relation to the person.\n- (a) the police information about the applicant changes; or\n- (b) a risk assessment matter relating to the applicant changes.","sortOrder":93},{"sectionNumber":"sec.72","sectionType":"section","heading":"Expired clearance continues in force pending decision","content":"### sec.72 Expired clearance continues in force pending decision\n\nThis section applies if an applicant holds a clearance that, but for this section, would end under section 101 (2) .\nThe clearance remains in force—\nfrom when the clearance would have ended under section 101 (2) ; and\nuntil—\nthe applicant’s disability worker screening application is decided or withdrawn; or\nthe applicant stops being a person who may apply for a clearance under section 65 or 66 .\ns 72 prev s 72 om 2010 No. 5 s 83\npres s 72 ins 2010 No. 5 s 109\nsub 2020 No. 39 s 11\n(sec.72-ssec.1) This section applies if an applicant holds a clearance that, but for this section, would end under section 101 (2) .\n(sec.72-ssec.2) The clearance remains in force— from when the clearance would have ended under section 101 (2) ; and until— the applicant’s disability worker screening application is decided or withdrawn; or the applicant stops being a person who may apply for a clearance under section 65 or 66 .\n- (a) from when the clearance would have ended under section 101 (2) ; and\n- (b) until— (i) the applicant’s disability worker screening application is decided or withdrawn; or (ii) the applicant stops being a person who may apply for a clearance under section 65 or 66 .\n- (i) the applicant’s disability worker screening application is decided or withdrawn; or\n- (ii) the applicant stops being a person who may apply for a clearance under section 65 or 66 .\n- (i) the applicant’s disability worker screening application is decided or withdrawn; or\n- (ii) the applicant stops being a person who may apply for a clearance under section 65 or 66 .","sortOrder":94},{"sectionNumber":"sec.73","sectionType":"section","heading":"Holder of expired interstate NDIS clearance taken to hold NDIS clearance pending decision","content":"### sec.73 Holder of expired interstate NDIS clearance taken to hold NDIS clearance pending decision\n\nThis section applies if an applicant holds an interstate NDIS clearance that ends under a corresponding law because the term of the clearance has ended.\nThe applicant is taken to hold an NDIS clearance—\nfrom the end of the term of the interstate NDIS clearance under the corresponding law; and\nuntil—\nthe applicant’s disability worker screening application is decided or withdrawn; or\nthe applicant stops being a person who may apply for a clearance under section 65 ; or\nan interim bar is imposed on the applicant.\ns 73 prev s 73 om 2010 No. 5 s 83\npres s 73 sub 2010 No. 5 s 111 ; 2020 No. 39 s 11\n(sec.73-ssec.1) This section applies if an applicant holds an interstate NDIS clearance that ends under a corresponding law because the term of the clearance has ended.\n(sec.73-ssec.2) The applicant is taken to hold an NDIS clearance— from the end of the term of the interstate NDIS clearance under the corresponding law; and until— the applicant’s disability worker screening application is decided or withdrawn; or the applicant stops being a person who may apply for a clearance under section 65 ; or an interim bar is imposed on the applicant.\n- (a) from the end of the term of the interstate NDIS clearance under the corresponding law; and\n- (b) until— (i) the applicant’s disability worker screening application is decided or withdrawn; or (ii) the applicant stops being a person who may apply for a clearance under section 65 ; or (iii) an interim bar is imposed on the applicant.\n- (i) the applicant’s disability worker screening application is decided or withdrawn; or\n- (ii) the applicant stops being a person who may apply for a clearance under section 65 ; or\n- (iii) an interim bar is imposed on the applicant.\n- (i) the applicant’s disability worker screening application is decided or withdrawn; or\n- (ii) the applicant stops being a person who may apply for a clearance under section 65 ; or\n- (iii) an interim bar is imposed on the applicant.","sortOrder":95},{"sectionNumber":"sec.74","sectionType":"section","heading":"Notice of withdrawal","content":"### sec.74 Notice of withdrawal\n\nIf the chief executive withdraws a disability worker screening application under this subdivision before it is decided, the chief executive must give the applicant a notice that states—\nthe application is withdrawn; and\nthe reason for the withdrawal.\nThe chief executive must also give a notice mentioned in subsection (1) to each notifiable person for the applicant.\ns 74 prev s 74 om 2010 No. 5 s 83\npres s 74 sub 2010 No. 5 s 112 ; 2020 No. 39 s 11\n(sec.74-ssec.1) If the chief executive withdraws a disability worker screening application under this subdivision before it is decided, the chief executive must give the applicant a notice that states— the application is withdrawn; and the reason for the withdrawal.\n(sec.74-ssec.2) The chief executive must also give a notice mentioned in subsection (1) to each notifiable person for the applicant.\n- (a) the application is withdrawn; and\n- (b) the reason for the withdrawal.","sortOrder":96},{"sectionNumber":"sec.75","sectionType":"section","heading":"Withdrawal by applicant","content":"### sec.75 Withdrawal by applicant\n\nThe applicant may ask the chief executive to withdraw the applicant’s disability worker screening application at any time before it is decided.\nThe request may be made orally or in writing.\nThe chief executive must withdraw the application unless the chief executive refuses to withdraw the application under section 76 .\ns 75 amd 2010 No. 5 s 113 ; 2013 No. 51 s 27 ; 2016 No. 9 s 27 ; 2018 No. 19 s 16\nsub 2020 No. 39 s 11\n(sec.75-ssec.1) The applicant may ask the chief executive to withdraw the applicant’s disability worker screening application at any time before it is decided.\n(sec.75-ssec.2) The request may be made orally or in writing.\n(sec.75-ssec.3) The chief executive must withdraw the application unless the chief executive refuses to withdraw the application under section 76 .","sortOrder":97},{"sectionNumber":"sec.76","sectionType":"section","heading":"Refusal to withdraw by chief executive","content":"### sec.76 Refusal to withdraw by chief executive\n\nThe chief executive may refuse to withdraw an applicant’s disability worker screening application if—\nan interim bar is in effect for the applicant; or\nan interstate NDIS clearance held by the applicant is suspended under a corresponding law; or\nthe applicant was previously issued an exclusion or an interstate NDIS exclusion; or\nthe chief executive, in relation to deciding the application—\nhas given, or is proposing to give, the applicant a show cause notice under section 95 ; or\nreasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.\nIf the chief executive refuses to withdraw the application, the chief executive must give the applicant a notice that states the reasons for the refusal.\ns 76 ins 2010 No. 5 s 114\namd 2010 No. 5 s 115\nsub 2020 No. 39 s 11\n(sec.76-ssec.1) The chief executive may refuse to withdraw an applicant’s disability worker screening application if— an interim bar is in effect for the applicant; or an interstate NDIS clearance held by the applicant is suspended under a corresponding law; or the applicant was previously issued an exclusion or an interstate NDIS exclusion; or the chief executive, in relation to deciding the application— has given, or is proposing to give, the applicant a show cause notice under section 95 ; or reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.\n(sec.76-ssec.2) If the chief executive refuses to withdraw the application, the chief executive must give the applicant a notice that states the reasons for the refusal.\n- (a) an interim bar is in effect for the applicant; or\n- (b) an interstate NDIS clearance held by the applicant is suspended under a corresponding law; or\n- (c) the applicant was previously issued an exclusion or an interstate NDIS exclusion; or\n- (d) the chief executive, in relation to deciding the application— (i) has given, or is proposing to give, the applicant a show cause notice under section 95 ; or (ii) reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.\n- (i) has given, or is proposing to give, the applicant a show cause notice under section 95 ; or\n- (ii) reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.\n- (i) has given, or is proposing to give, the applicant a show cause notice under section 95 ; or\n- (ii) reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.","sortOrder":98},{"sectionNumber":"sec.77","sectionType":"section","heading":"Request to withdraw combined application","content":"### sec.77 Request to withdraw combined application\n\nThis section applies if the applicant made a combined application.\nThe applicant may combine a request to withdraw the applicant’s disability worker screening application under section 75 with a notice withdrawing the applicant’s working with children check application.\nA request made under subsection (2) is a combined withdrawal request .\nThe request may be made orally or in writing. See—\nsection 75 (2) ; and\nthe Working with Children Check Act 2000 , section 196 (3) .\nThis subdivision applies to a combined withdrawal request to the extent it is a request under section 75 .\nIf a combined withdrawal request is made to the chief executive, the chief executive must give a notice about the combined withdrawal request to the chief executive (working with children).\ns 77 amd 2010 No. 5 s 116 ; 2013 No. 51 s 28 ; 2016 No. 9 s 28 ; 2018 No. 19 s 17 ; 2019 No. 19 s 81 sch 1\nsub 2020 No. 39 s 11\namd 2024 No. 49 s 130 sch 4 pt 2\n(sec.77-ssec.1) This section applies if the applicant made a combined application.\n(sec.77-ssec.2) The applicant may combine a request to withdraw the applicant’s disability worker screening application under section 75 with a notice withdrawing the applicant’s working with children check application.\n(sec.77-ssec.3) A request made under subsection (2) is a combined withdrawal request . The request may be made orally or in writing. See— section 75 (2) ; and the Working with Children Check Act 2000 , section 196 (3) .\n(sec.77-ssec.4) This subdivision applies to a combined withdrawal request to the extent it is a request under section 75 .\n(sec.77-ssec.5) If a combined withdrawal request is made to the chief executive, the chief executive must give a notice about the combined withdrawal request to the chief executive (working with children).\n- (a) section 75 (2) ; and\n- (b) the Working with Children Check Act 2000 , section 196 (3) .","sortOrder":99},{"sectionNumber":"sec.78","sectionType":"section","heading":"Withdrawal because identity can not be established","content":"### sec.78 Withdrawal because identity can not be established\n\nThe chief executive must withdraw a disability worker screening application if—\nthe chief executive gives the applicant a notice under section 69 (1) (a) ; and\nthe notice includes the warning mentioned in section 69 (2) ; and\nthe chief executive can not establish the applicant’s identity with certainty.\ns 78 amd 2016 No. 9 s 29 ; 2019 No. 19 s 81 sch 1\nsub 2020 No. 39 s 11\n- (a) the chief executive gives the applicant a notice under section 69 (1) (a) ; and\n- (b) the notice includes the warning mentioned in section 69 (2) ; and\n- (c) the chief executive can not establish the applicant’s identity with certainty.","sortOrder":100},{"sectionNumber":"sec.79","sectionType":"section","heading":"Withdrawal because of failure to comply with particular requests","content":"### sec.79 Withdrawal because of failure to comply with particular requests\n\nThe chief executive may withdraw a disability worker screening application if—\nthe chief executive gives the applicant—\na notice under section 69 (1) (b) asking the applicant to provide stated information; or\na notice under section 138U or 138X asking the applicant to give the consent, or take the other action, stated in the notice; and\nthe notice includes a warning that, if the applicant does not comply with the notice, the application may be withdrawn; and\nthe applicant does not comply with the notice.\ns 79 sub 2020 No. 39 s 11\n- (a) the chief executive gives the applicant— (i) a notice under section 69 (1) (b) asking the applicant to provide stated information; or (ii) a notice under section 138U or 138X asking the applicant to give the consent, or take the other action, stated in the notice; and\n- (i) a notice under section 69 (1) (b) asking the applicant to provide stated information; or\n- (ii) a notice under section 138U or 138X asking the applicant to give the consent, or take the other action, stated in the notice; and\n- (b) the notice includes a warning that, if the applicant does not comply with the notice, the application may be withdrawn; and\n- (c) the applicant does not comply with the notice.\n- (i) a notice under section 69 (1) (b) asking the applicant to provide stated information; or\n- (ii) a notice under section 138U or 138X asking the applicant to give the consent, or take the other action, stated in the notice; and","sortOrder":101},{"sectionNumber":"sec.80","sectionType":"section","heading":"Withdrawal of NDIS worker screening application in particular circumstances","content":"### sec.80 Withdrawal of NDIS worker screening application in particular circumstances\n\nThe chief executive must withdraw an NDIS worker screening application if the chief executive is satisfied—\nthat, before the application was made, the applicant applied for an interstate NDIS clearance under a corresponding law and that application has not been decided or withdrawn; or\nsince the application was made, the applicant has been issued an interstate NDIS exclusion.\ns 80 prev s 80 om 2010 No. 5 s 90\npres s 80 sub 2010 No. 5 s 117 ; 2020 No. 39 s 11\n- (a) that, before the application was made, the applicant applied for an interstate NDIS clearance under a corresponding law and that application has not been decided or withdrawn; or\n- (b) since the application was made, the applicant has been issued an interstate NDIS exclusion.","sortOrder":102},{"sectionNumber":"sec.81","sectionType":"section","heading":"Application of subdivision","content":"### sec.81 Application of subdivision\n\nThis subdivision applies if any of the following happens in relation to an applicant—\nthe applicant—\nis charged with a disqualifying offence that has not been dealt with; and\nwas an adult when the offence is alleged to have been committed;\nthe applicant becomes the subject of a banning order made for a reason that, in the chief executive’s opinion, is relevant to whether the applicant poses a risk of harm to people with disability;\nthe chief executive, in deciding the applicant’s application, reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.\nHowever, this subdivision does not apply in relation to an applicant who holds a clearance that is suspended under division 6 .\nSee sections 56 , 60 and 113 in relation to the effect of the suspension of a person’s clearance.\ns 81 ins 2010 No. 5 s 117\nsub 2020 No. 39 s 11\n(sec.81-ssec.1) This subdivision applies if any of the following happens in relation to an applicant— the applicant— is charged with a disqualifying offence that has not been dealt with; and was an adult when the offence is alleged to have been committed; the applicant becomes the subject of a banning order made for a reason that, in the chief executive’s opinion, is relevant to whether the applicant poses a risk of harm to people with disability; the chief executive, in deciding the applicant’s application, reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.\n(sec.81-ssec.2) However, this subdivision does not apply in relation to an applicant who holds a clearance that is suspended under division 6 . See sections 56 , 60 and 113 in relation to the effect of the suspension of a person’s clearance.\n- (a) the applicant— (i) is charged with a disqualifying offence that has not been dealt with; and (ii) was an adult when the offence is alleged to have been committed;\n- (i) is charged with a disqualifying offence that has not been dealt with; and\n- (ii) was an adult when the offence is alleged to have been committed;\n- (b) the applicant becomes the subject of a banning order made for a reason that, in the chief executive’s opinion, is relevant to whether the applicant poses a risk of harm to people with disability;\n- (c) the chief executive, in deciding the applicant’s application, reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.\n- (i) is charged with a disqualifying offence that has not been dealt with; and\n- (ii) was an adult when the offence is alleged to have been committed;","sortOrder":103},{"sectionNumber":"sec.82","sectionType":"section","heading":"Chief executive must impose interim bar on applicant","content":"### sec.82 Chief executive must impose interim bar on applicant\n\nThe chief executive must impose an interim bar on the applicant.\nThe chief executive imposes an interim bar by giving the applicant a notice that states—\nthe interim bar is imposed on the applicant; and\nthe reason for imposing the interim bar; and\nthe effect of the interim bar.\ns 82 amd 2010 No. 5 s 119\nsub 2020 No. 39 s 11\n(sec.82-ssec.1) The chief executive must impose an interim bar on the applicant.\n(sec.82-ssec.2) The chief executive imposes an interim bar by giving the applicant a notice that states— the interim bar is imposed on the applicant; and the reason for imposing the interim bar; and the effect of the interim bar.\n- (a) the interim bar is imposed on the applicant; and\n- (b) the reason for imposing the interim bar; and\n- (c) the effect of the interim bar.","sortOrder":104},{"sectionNumber":"sec.83","sectionType":"section","heading":"Notifiable persons and potential employers notified about interim bar","content":"### sec.83 Notifiable persons and potential employers notified about interim bar\n\nThe chief executive must give each notifiable person for the applicant a notice that states—\nthe applicant has made a disability worker screening application that has not been decided; and\nan interim bar has been imposed on the applicant; and\nthe effect of the interim bar; and\nan employer of the applicant who is given notice about the interim bar under this section must not terminate the applicant’s employment solely or mainly because the interim bar is in effect for the person.\nSee section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.\nAlso, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the applicant.\ns 83 amd 2010 No. 5 s 120 ; 2016 No. 9 s 30 ; 2018 No. 19 s 18\nsub 2020 No. 39 s 11\n(sec.83-ssec.1) The chief executive must give each notifiable person for the applicant a notice that states— the applicant has made a disability worker screening application that has not been decided; and an interim bar has been imposed on the applicant; and the effect of the interim bar; and an employer of the applicant who is given notice about the interim bar under this section must not terminate the applicant’s employment solely or mainly because the interim bar is in effect for the person. See section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.\n(sec.83-ssec.2) Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the applicant.\n- (a) the applicant has made a disability worker screening application that has not been decided; and\n- (b) an interim bar has been imposed on the applicant; and\n- (c) the effect of the interim bar; and\n- (d) an employer of the applicant who is given notice about the interim bar under this section must not terminate the applicant’s employment solely or mainly because the interim bar is in effect for the person.","sortOrder":105},{"sectionNumber":"sec.84","sectionType":"section","heading":"Effect of interim bar","content":"### sec.84 Effect of interim bar\n\nThis section applies if the chief executive imposes an interim bar on an applicant under section 82 .\nWhile the interim bar is in effect, the applicant must not—\nstart an engagement to carry out disability work; or\nif, when the interim bar is imposed, the applicant is engaged to carry out disability work for an NDIS service provider, funded service provider or the disability services department—carry out work for the service provider or department that is disability work; or\ncarry out disability work as an NDIS sole trader or State sole trader.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nAn employer of the applicant who is given notice about the interim bar under section 83 must not terminate the applicant’s employment solely or mainly because the interim bar is in effect for the applicant.\nSee also sections 56 and 60 in relation to NDIS service providers or funded service providers allowing the applicant to carry out disability work.\nSee section 138ZZB in relation to notices under section 83 if the NDIS commission communicates the relevant information to the notifiable person.\ns 84 ins 2010 No. 5 s 121\namd 2016 No. 9 s 31 ; 2018 No. 19 s 19\nsub 2020 No. 39 s 11\namd 2024 No. 50 s 17\n(sec.84-ssec.1) This section applies if the chief executive imposes an interim bar on an applicant under section 82 .\n(sec.84-ssec.2) While the interim bar is in effect, the applicant must not— start an engagement to carry out disability work; or if, when the interim bar is imposed, the applicant is engaged to carry out disability work for an NDIS service provider, funded service provider or the disability services department—carry out work for the service provider or department that is disability work; or carry out disability work as an NDIS sole trader or State sole trader. Maximum penalty—500 penalty units or 5 years imprisonment.\n(sec.84-ssec.3) An employer of the applicant who is given notice about the interim bar under section 83 must not terminate the applicant’s employment solely or mainly because the interim bar is in effect for the applicant. See also sections 56 and 60 in relation to NDIS service providers or funded service providers allowing the applicant to carry out disability work. See section 138ZZB in relation to notices under section 83 if the NDIS commission communicates the relevant information to the notifiable person.\n- (a) start an engagement to carry out disability work; or\n- (b) if, when the interim bar is imposed, the applicant is engaged to carry out disability work for an NDIS service provider, funded service provider or the disability services department—carry out work for the service provider or department that is disability work; or\n- (c) carry out disability work as an NDIS sole trader or State sole trader.\n- 1 See also sections 56 and 60 in relation to NDIS service providers or funded service providers allowing the applicant to carry out disability work.\n- 2 See section 138ZZB in relation to notices under section 83 if the NDIS commission communicates the relevant information to the notifiable person.","sortOrder":106},{"sectionNumber":"sec.85","sectionType":"section","heading":"When interim bar ends","content":"### sec.85 When interim bar ends\n\nAn interim bar imposed on an applicant ends if—\nthe applicant’s disability worker screening application is—\ndecided under division 4 ; or\nwithdrawn under subdivision 3 ; or\nthe chief executive decides to end the interim bar under subsection (2) .\nThe chief executive may decide to end an interim bar if the chief executive reasonably suspects that a risk assessment of the applicant will demonstrate that the applicant does not pose an unacceptable risk of harm to people with disability.\nIf an interim bar has been imposed on the applicant for at least 6 months, the applicant may apply to the chief executive to end the interim bar.\nThe application must be made in the approved form and in an approved way.\nThe chief executive is not required to decide the applicant’s application to end the interim bar if—\na charge for an offence against the person has not been dealt with; or\nthe chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.\nThe chief executive may decide the applicant’s application to end the interim bar—\nby deciding to end the interim bar under subsection (2) ; or\nif the applicant has asked the chief executive to withdraw the applicant’s disability worker screening application under section 75 —by withdrawing the application; or\nby refusing to end the interim bar.\nIf the chief executive decides to refuse to end the interim bar, the chief executive must give the applicant a notice that states—\nthe decision and the reasons for the decision; and\nthe relevant review and appeal information.\ns 85 amd 2009 No. 24 s 52 ; s 122 ; 2016 No. 9 s 32 ; 2018 No. 19 s 20\nsub 2020 No. 39 s 11\n(sec.85-ssec.1) An interim bar imposed on an applicant ends if— the applicant’s disability worker screening application is— decided under division 4 ; or withdrawn under subdivision 3 ; or the chief executive decides to end the interim bar under subsection (2) .\n(sec.85-ssec.2) The chief executive may decide to end an interim bar if the chief executive reasonably suspects that a risk assessment of the applicant will demonstrate that the applicant does not pose an unacceptable risk of harm to people with disability.\n(sec.85-ssec.3) If an interim bar has been imposed on the applicant for at least 6 months, the applicant may apply to the chief executive to end the interim bar.\n(sec.85-ssec.4) The application must be made in the approved form and in an approved way.\n(sec.85-ssec.5) The chief executive is not required to decide the applicant’s application to end the interim bar if— a charge for an offence against the person has not been dealt with; or the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.\n(sec.85-ssec.6) The chief executive may decide the applicant’s application to end the interim bar— by deciding to end the interim bar under subsection (2) ; or if the applicant has asked the chief executive to withdraw the applicant’s disability worker screening application under section 75 —by withdrawing the application; or by refusing to end the interim bar.\n(sec.85-ssec.7) If the chief executive decides to refuse to end the interim bar, the chief executive must give the applicant a notice that states— the decision and the reasons for the decision; and the relevant review and appeal information.\n- (a) the applicant’s disability worker screening application is— (i) decided under division 4 ; or (ii) withdrawn under subdivision 3 ; or\n- (i) decided under division 4 ; or\n- (ii) withdrawn under subdivision 3 ; or\n- (b) the chief executive decides to end the interim bar under subsection (2) .\n- (i) decided under division 4 ; or\n- (ii) withdrawn under subdivision 3 ; or\n- (a) a charge for an offence against the person has not been dealt with; or\n- (b) the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.\n- (a) by deciding to end the interim bar under subsection (2) ; or\n- (b) if the applicant has asked the chief executive to withdraw the applicant’s disability worker screening application under section 75 —by withdrawing the application; or\n- (c) by refusing to end the interim bar.\n- (a) the decision and the reasons for the decision; and\n- (b) the relevant review and appeal information.","sortOrder":107},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Dealing with and deciding application","content":"## Dealing with and deciding application","sortOrder":108},{"sectionNumber":"sec.86","sectionType":"section","heading":"Application of division","content":"### sec.86 Application of division\n\nThis division applies if a person made a disability worker screening application and the application has not been withdrawn.\ns 86 amd 2010 No. 5 s 124 ; 2016 No. 9 s 33 ; 2018 No. 19 s 21 ; 2019 No. 19 s 17F\nsub 2020 No. 39 s 11","sortOrder":109},{"sectionNumber":"sec.87","sectionType":"section","heading":"Dealing with application","content":"### sec.87 Dealing with application\n\nThe chief executive must—\nconsider the person’s application and the information available to the chief executive about the person; and\nif section 89 or 90 apply to the person—decide the application under that section; and\nif section 91 or 92 apply to the person—conduct a risk assessment of the person before deciding the application under that section.\nHowever, the chief executive is not required to decide the person’s application if—\na charge for an offence against the person has not been dealt with; or\nthe chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.\ns 87 amd 2010 No. 5 s 125 ; 2019 No. 19 s 17G\nsub 2020 No. 39 s 11\n(sec.87-ssec.1) The chief executive must— consider the person’s application and the information available to the chief executive about the person; and if section 89 or 90 apply to the person—decide the application under that section; and if section 91 or 92 apply to the person—conduct a risk assessment of the person before deciding the application under that section.\n(sec.87-ssec.2) However, the chief executive is not required to decide the person’s application if— a charge for an offence against the person has not been dealt with; or the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.\n- (a) consider the person’s application and the information available to the chief executive about the person; and\n- (b) if section 89 or 90 apply to the person—decide the application under that section; and\n- (c) if section 91 or 92 apply to the person—conduct a risk assessment of the person before deciding the application under that section.\n- (a) a charge for an offence against the person has not been dealt with; or\n- (b) the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.","sortOrder":110},{"sectionNumber":"sec.88","sectionType":"section","heading":"Information to be considered","content":"### sec.88 Information to be considered\n\nThe chief executive must consider each of the following types of information for a person of which the chief executive is aware, if any—\npolice information;\ndomestic violence information;\ndisciplinary information;\nNDIS disciplinary or misconduct information;\ninformation about—\nwhether the person holds, or has previously held, a clearance, interstate NDIS clearance, exclusion or interstate NDIS exclusion; or\nif the person has previously held a clearance or interstate NDIS clearance—whether the clearance was suspended at any time or cancelled.\nThe chief executive may consider other information about the person that is relevant to whether the person poses a risk of harm to people with disability.\ns 88 ins 2010 No. 5 s 126\namd 2014 No. 28 s 105 sch 1 ; 2016 No. 9 s 34 ; 2018 No. 19 s 22 ; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11\n(sec.88-ssec.1) The chief executive must consider each of the following types of information for a person of which the chief executive is aware, if any— police information; domestic violence information; disciplinary information; NDIS disciplinary or misconduct information; information about— whether the person holds, or has previously held, a clearance, interstate NDIS clearance, exclusion or interstate NDIS exclusion; or if the person has previously held a clearance or interstate NDIS clearance—whether the clearance was suspended at any time or cancelled.\n(sec.88-ssec.2) The chief executive may consider other information about the person that is relevant to whether the person poses a risk of harm to people with disability.\n- (a) police information;\n- (b) domestic violence information;\n- (c) disciplinary information;\n- (d) NDIS disciplinary or misconduct information;\n- (e) information about— (i) whether the person holds, or has previously held, a clearance, interstate NDIS clearance, exclusion or interstate NDIS exclusion; or (ii) if the person has previously held a clearance or interstate NDIS clearance—whether the clearance was suspended at any time or cancelled.\n- (i) whether the person holds, or has previously held, a clearance, interstate NDIS clearance, exclusion or interstate NDIS exclusion; or\n- (ii) if the person has previously held a clearance or interstate NDIS clearance—whether the clearance was suspended at any time or cancelled.\n- (i) whether the person holds, or has previously held, a clearance, interstate NDIS clearance, exclusion or interstate NDIS exclusion; or\n- (ii) if the person has previously held a clearance or interstate NDIS clearance—whether the clearance was suspended at any time or cancelled.","sortOrder":111},{"sectionNumber":"sec.89","sectionType":"section","heading":"Deciding application—no relevant information","content":"### sec.89 Deciding application—no relevant information\n\nThe chief executive must issue a clearance to the person if the chief executive is not aware of any information mentioned in section 88 about the person.\ns 89 ins 2010 No. 5 s 126\namd 2014 No. 28 s 105 sch 1 ; 2016 No. 9 s 35 ; 2018 No. 19 s 23 ; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11","sortOrder":112},{"sectionNumber":"sec.90","sectionType":"section","heading":"Deciding application—disqualified person","content":"### sec.90 Deciding application—disqualified person\n\nThis section applies if the chief executive is aware the person is a disqualified person.\nThe chief executive must issue an exclusion to the person.\ns 90 ins 2010 No. 5 s 126\namd 2014 No. 28 s 105 sch 1 ; 2016 No. 9 s 36 ; 2018 No. 19 s 24 ; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11\n(sec.90-ssec.1) This section applies if the chief executive is aware the person is a disqualified person.\n(sec.90-ssec.2) The chief executive must issue an exclusion to the person.","sortOrder":113},{"sectionNumber":"sec.91","sectionType":"section","heading":"Deciding application—exceptional circumstances for adult offender","content":"### sec.91 Deciding application—exceptional circumstances for adult offender\n\nThis section applies if the chief executive is aware—\nthe person has a conviction for a serious offence and was an adult when the offence was committed; or\nthe person—\nhas been charged with a disqualifying offence or serious offence that has not been dealt with; and\nwas an adult when the offence is alleged to have been committed.\nSee section 95 for the requirement for the chief executive to give the person a show cause notice before deciding the person’s application if this section applies.\nThe chief executive must issue the person an exclusion.\nHowever, the chief executive may issue the person a clearance if satisfied there are exceptional circumstances such that the person does not pose an unacceptable risk of harm to people with disability.\ns 91 ins 2010 No. 5 s 126\namd 2016 No. 9 s 37; 2018 No. 19 s 25\nsub 2020 No. 39 s 11\n(sec.91-ssec.1) This section applies if the chief executive is aware— the person has a conviction for a serious offence and was an adult when the offence was committed; or the person— has been charged with a disqualifying offence or serious offence that has not been dealt with; and was an adult when the offence is alleged to have been committed. See section 95 for the requirement for the chief executive to give the person a show cause notice before deciding the person’s application if this section applies.\n(sec.91-ssec.2) The chief executive must issue the person an exclusion.\n(sec.91-ssec.3) However, the chief executive may issue the person a clearance if satisfied there are exceptional circumstances such that the person does not pose an unacceptable risk of harm to people with disability.\n- (a) the person has a conviction for a serious offence and was an adult when the offence was committed; or\n- (b) the person— (i) has been charged with a disqualifying offence or serious offence that has not been dealt with; and (ii) was an adult when the offence is alleged to have been committed.\n- (i) has been charged with a disqualifying offence or serious offence that has not been dealt with; and\n- (ii) was an adult when the offence is alleged to have been committed.\n- (i) has been charged with a disqualifying offence or serious offence that has not been dealt with; and\n- (ii) was an adult when the offence is alleged to have been committed.","sortOrder":114},{"sectionNumber":"sec.92","sectionType":"section","heading":"Deciding application—general assessment of risk posed","content":"### sec.92 Deciding application—general assessment of risk posed\n\nThis section applies if sections 89 , 90 and 91 do not apply to the person.\nThe chief executive must—\nif satisfied the person does not pose an unacceptable risk of harm to people with disability—issue a clearance to the person; or\nif satisfied the person poses an unacceptable risk of harm to people with disability—issue an exclusion to the person.\ns 92 amd 2010 No. 5 s 127\nsub 2020 No. 39 s 11\n(sec.92-ssec.1) This section applies if sections 89 , 90 and 91 do not apply to the person.\n(sec.92-ssec.2) The chief executive must— if satisfied the person does not pose an unacceptable risk of harm to people with disability—issue a clearance to the person; or if satisfied the person poses an unacceptable risk of harm to people with disability—issue an exclusion to the person.\n- (a) if satisfied the person does not pose an unacceptable risk of harm to people with disability—issue a clearance to the person; or\n- (b) if satisfied the person poses an unacceptable risk of harm to people with disability—issue an exclusion to the person.","sortOrder":115},{"sectionNumber":"sec.93","sectionType":"section","heading":"How chief executive conducts risk assessment","content":"### sec.93 How chief executive conducts risk assessment\n\nThe chief executive conducts a risk assessment of a person by—\nconsidering the information about the person obtained by the chief executive under this part; and\ndeciding whether the person poses an unacceptable risk of harm to people with disability.\nIn conducting the risk assessment, the chief executive—\nmust consider information as required under this division; and\nmay decide the person poses an unacceptable risk of harm to people with disability—\nif satisfied there is a real and appreciable risk that the person might cause harm to people with disability; and\nwithout needing to be satisfied it is likely the person will cause the harm.\ns 93 amd 2010 No. 5 s 128\nsub 2020 No. 39 s 11\n(sec.93-ssec.1) The chief executive conducts a risk assessment of a person by— considering the information about the person obtained by the chief executive under this part; and deciding whether the person poses an unacceptable risk of harm to people with disability.\n(sec.93-ssec.2) In conducting the risk assessment, the chief executive— must consider information as required under this division; and may decide the person poses an unacceptable risk of harm to people with disability— if satisfied there is a real and appreciable risk that the person might cause harm to people with disability; and without needing to be satisfied it is likely the person will cause the harm.\n- (a) considering the information about the person obtained by the chief executive under this part; and\n- (b) deciding whether the person poses an unacceptable risk of harm to people with disability.\n- (a) must consider information as required under this division; and\n- (b) may decide the person poses an unacceptable risk of harm to people with disability— (i) if satisfied there is a real and appreciable risk that the person might cause harm to people with disability; and (ii) without needing to be satisfied it is likely the person will cause the harm.\n- (i) if satisfied there is a real and appreciable risk that the person might cause harm to people with disability; and\n- (ii) without needing to be satisfied it is likely the person will cause the harm.\n- (i) if satisfied there is a real and appreciable risk that the person might cause harm to people with disability; and\n- (ii) without needing to be satisfied it is likely the person will cause the harm.","sortOrder":116},{"sectionNumber":"sec.94","sectionType":"section","heading":"Matters to consider","content":"### sec.94 Matters to consider\n\nThis section applies if the chief executive is aware of conduct of the person (the person’s offending conduct ) that—\ninvolved the commission of an offence; or\nwas the subject of a complaint, allegation or investigation under a law; or\nis otherwise relevant to whether the person poses a risk of harm to people with disability.\nThe chief executive must consider the following matters—\nthe nature, gravity and circumstances of the person’s offending conduct;\nhow the person’s offending conduct is relevant to disability work;\nhow long ago the person’s offending conduct occurred;\nif the person’s offending conduct was committed against another person (the victim )—\nthe victim’s vulnerability at the time of the conduct; and\nthe person’s relationship to, or position of authority over, the victim at the time of the conduct;\nwhether the person’s offending conduct indicates a pattern of concerning behaviour;\nthe person’s conduct since the offending conduct;\nany other circumstances relevant to the person’s offending conduct.\ns 94 ins 2010 No. 5 s 129\namd 2010 No. 33 s 119 ; 2016 No. 9 s 38\nsub 2020 No. 39 s 11\n(sec.94-ssec.1) This section applies if the chief executive is aware of conduct of the person (the person’s offending conduct ) that— involved the commission of an offence; or was the subject of a complaint, allegation or investigation under a law; or is otherwise relevant to whether the person poses a risk of harm to people with disability.\n(sec.94-ssec.2) The chief executive must consider the following matters— the nature, gravity and circumstances of the person’s offending conduct; how the person’s offending conduct is relevant to disability work; how long ago the person’s offending conduct occurred; if the person’s offending conduct was committed against another person (the victim )— the victim’s vulnerability at the time of the conduct; and the person’s relationship to, or position of authority over, the victim at the time of the conduct; whether the person’s offending conduct indicates a pattern of concerning behaviour; the person’s conduct since the offending conduct; any other circumstances relevant to the person’s offending conduct.\n- (a) involved the commission of an offence; or\n- (b) was the subject of a complaint, allegation or investigation under a law; or\n- (c) is otherwise relevant to whether the person poses a risk of harm to people with disability.\n- (a) the nature, gravity and circumstances of the person’s offending conduct;\n- (b) how the person’s offending conduct is relevant to disability work;\n- (c) how long ago the person’s offending conduct occurred;\n- (d) if the person’s offending conduct was committed against another person (the victim )— (i) the victim’s vulnerability at the time of the conduct; and (ii) the person’s relationship to, or position of authority over, the victim at the time of the conduct;\n- (i) the victim’s vulnerability at the time of the conduct; and\n- (ii) the person’s relationship to, or position of authority over, the victim at the time of the conduct;\n- (e) whether the person’s offending conduct indicates a pattern of concerning behaviour;\n- (f) the person’s conduct since the offending conduct;\n- (g) any other circumstances relevant to the person’s offending conduct.\n- (i) the victim’s vulnerability at the time of the conduct; and\n- (ii) the person’s relationship to, or position of authority over, the victim at the time of the conduct;","sortOrder":117},{"sectionNumber":"sec.95","sectionType":"section","heading":"Action before making adverse decision","content":"### sec.95 Action before making adverse decision\n\nThis section applies if—\nsection 91 applies to the person; or\nthe chief executive is proposing to decide that the person poses an unacceptable risk of harm to people with disability.\nBefore deciding the person’s application, the chief executive must—\ngive the person a notice (a show cause notice ) that complies with section 96 ; and\nconsider any submissions the person makes in response to the show cause notice.\ns 95 ins 2010 No. 5 s 130\namd 2014 No. 28 s 105 sch 1; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11\n(sec.95-ssec.1) This section applies if— section 91 applies to the person; or the chief executive is proposing to decide that the person poses an unacceptable risk of harm to people with disability.\n(sec.95-ssec.2) Before deciding the person’s application, the chief executive must— give the person a notice (a show cause notice ) that complies with section 96 ; and consider any submissions the person makes in response to the show cause notice.\n- (a) section 91 applies to the person; or\n- (b) the chief executive is proposing to decide that the person poses an unacceptable risk of harm to people with disability.\n- (a) give the person a notice (a show cause notice ) that complies with section 96 ; and\n- (b) consider any submissions the person makes in response to the show cause notice.","sortOrder":118},{"sectionNumber":"sec.96","sectionType":"section","heading":"Requirements for show cause notice","content":"### sec.96 Requirements for show cause notice\n\nA show cause notice given to a person under section 95 must—\nstate the following information about the person of which the chief executive is aware—\npolice information;\ndomestic violence information;\ndisciplinary information;\nNDIS disciplinary or misconduct information;\nother information that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability; and\nstate that, because of the circumstances mentioned in section 95 (1) , the chief executive proposes to issue the person an exclusion unless the chief executive is satisfied that—\nif section 91 applies to the person—there are exceptional circumstances; and\nthe person does not pose an unacceptable risk of harm to people with disability; and\ninvite the person to make submissions to the chief executive about—\nif section 91 applies to the person—whether there are exceptional circumstances; and\nwhy the chief executive should not issue an exclusion to the person; and\nstate the period in which the person may make the submissions, which must be at least 7 days after the chief executive gives the notice to the person.\ns 96 ins 2010 No. 5 s 130\namd 2014 No. 28 s 105 sch 1; 2018 No. 19 s 26 ; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11\n- (a) state the following information about the person of which the chief executive is aware— (i) police information; (ii) domestic violence information; (iii) disciplinary information; (iv) NDIS disciplinary or misconduct information; (v) other information that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability; and\n- (i) police information;\n- (ii) domestic violence information;\n- (iii) disciplinary information;\n- (iv) NDIS disciplinary or misconduct information;\n- (v) other information that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability; and\n- (b) state that, because of the circumstances mentioned in section 95 (1) , the chief executive proposes to issue the person an exclusion unless the chief executive is satisfied that— (i) if section 91 applies to the person—there are exceptional circumstances; and (ii) the person does not pose an unacceptable risk of harm to people with disability; and\n- (i) if section 91 applies to the person—there are exceptional circumstances; and\n- (ii) the person does not pose an unacceptable risk of harm to people with disability; and\n- (c) invite the person to make submissions to the chief executive about— (i) if section 91 applies to the person—whether there are exceptional circumstances; and (ii) why the chief executive should not issue an exclusion to the person; and\n- (i) if section 91 applies to the person—whether there are exceptional circumstances; and\n- (ii) why the chief executive should not issue an exclusion to the person; and\n- (d) state the period in which the person may make the submissions, which must be at least 7 days after the chief executive gives the notice to the person.\n- (i) police information;\n- (ii) domestic violence information;\n- (iii) disciplinary information;\n- (iv) NDIS disciplinary or misconduct information;\n- (v) other information that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability; and\n- (i) if section 91 applies to the person—there are exceptional circumstances; and\n- (ii) the person does not pose an unacceptable risk of harm to people with disability; and\n- (i) if section 91 applies to the person—whether there are exceptional circumstances; and\n- (ii) why the chief executive should not issue an exclusion to the person; and","sortOrder":119},{"sectionNumber":"sec.97","sectionType":"section","heading":"Application of subdivision","content":"### sec.97 Application of subdivision\n\nThis subdivision applies if the chief executive decides a person’s disability worker screening application.\ns 97 ins 2010 No. 5 s 130\nsub 2020 No. 39 s 11","sortOrder":120},{"sectionNumber":"sec.98","sectionType":"section","heading":"Issuing clearance and clearance card","content":"### sec.98 Issuing clearance and clearance card\n\nIf the chief executive decides to issue a clearance to the person, the chief executive must—\ngive the person a notice that states the chief executive has decided—\nif the person made an NDIS worker screening application—to issue the person an NDIS clearance; or\nif the person made a State disability worker screening application—to issue the person a State clearance; and\nissue a clearance card for the clearance to the person.\nA clearance card , for a clearance issued to a person, is a document, in the form of a card, that evidences that the clearance has been issued to the person.\ns 98 ins 2010 No. 5 s 130\namd 2016 No. 9 s 39; 2018 No. 19 s 27 ; 2019 No. 19 s 81 sch 1\nsub 2020 No. 39 s 11\n(sec.98-ssec.1) If the chief executive decides to issue a clearance to the person, the chief executive must— give the person a notice that states the chief executive has decided— if the person made an NDIS worker screening application—to issue the person an NDIS clearance; or if the person made a State disability worker screening application—to issue the person a State clearance; and issue a clearance card for the clearance to the person.\n(sec.98-ssec.2) A clearance card , for a clearance issued to a person, is a document, in the form of a card, that evidences that the clearance has been issued to the person.\n- (a) give the person a notice that states the chief executive has decided— (i) if the person made an NDIS worker screening application—to issue the person an NDIS clearance; or (ii) if the person made a State disability worker screening application—to issue the person a State clearance; and\n- (i) if the person made an NDIS worker screening application—to issue the person an NDIS clearance; or\n- (ii) if the person made a State disability worker screening application—to issue the person a State clearance; and\n- (b) issue a clearance card for the clearance to the person.\n- (i) if the person made an NDIS worker screening application—to issue the person an NDIS clearance; or\n- (ii) if the person made a State disability worker screening application—to issue the person a State clearance; and","sortOrder":121},{"sectionNumber":"sec.99","sectionType":"section","heading":"Issuing exclusion","content":"### sec.99 Issuing exclusion\n\nIf the chief executive decides to issue an exclusion to the person, the chief executive must give the person a notice that states—\nthe chief executive has decided—\nif the person made an NDIS worker screening application—to issue the person an NDIS exclusion; or\nif the person made a State disability worker screening application—to issue the person a State exclusion; and\nthe reasons for the decision; and\nthe relevant review and appeal information; and\nthat it is an offence against this Act for a person who holds an exclusion to—\nmake a disability worker screening application; or\nstart or continue to be engaged in carrying out disability work; or\ncarry out NDIS disability work as an NDIS sole trader or State disability work as a State sole trader.\ns 99 ins 2010 No. 5 s 130\namd 2018 No. 19 s 28\nsub 2020 No. 39 s 11\n- (a) the chief executive has decided— (i) if the person made an NDIS worker screening application—to issue the person an NDIS exclusion; or (ii) if the person made a State disability worker screening application—to issue the person a State exclusion; and\n- (i) if the person made an NDIS worker screening application—to issue the person an NDIS exclusion; or\n- (ii) if the person made a State disability worker screening application—to issue the person a State exclusion; and\n- (b) the reasons for the decision; and\n- (c) the relevant review and appeal information; and\n- (d) that it is an offence against this Act for a person who holds an exclusion to— (i) make a disability worker screening application; or (ii) start or continue to be engaged in carrying out disability work; or (iii) carry out NDIS disability work as an NDIS sole trader or State disability work as a State sole trader.\n- (i) make a disability worker screening application; or\n- (ii) start or continue to be engaged in carrying out disability work; or\n- (iii) carry out NDIS disability work as an NDIS sole trader or State disability work as a State sole trader.\n- (i) if the person made an NDIS worker screening application—to issue the person an NDIS exclusion; or\n- (ii) if the person made a State disability worker screening application—to issue the person a State exclusion; and\n- (i) make a disability worker screening application; or\n- (ii) start or continue to be engaged in carrying out disability work; or\n- (iii) carry out NDIS disability work as an NDIS sole trader or State disability work as a State sole trader.","sortOrder":122},{"sectionNumber":"sec.100","sectionType":"section","heading":"Notifiable persons and potential employers notified about decision","content":"### sec.100 Notifiable persons and potential employers notified about decision\n\nThe chief executive must give each notifiable person for the person a notice that states whether the person was issued—\nif the person made an NDIS worker screening application—an NDIS clearance or NDIS exclusion; or\nif the person made a State disability worker screening application—a State clearance or State exclusion.\nSee section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.\nAlso, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.\ns 100 ins 2010 No. 5 s 130\nsub 2020 No. 39 s 11\n(sec.100-ssec.1) The chief executive must give each notifiable person for the person a notice that states whether the person was issued— if the person made an NDIS worker screening application—an NDIS clearance or NDIS exclusion; or if the person made a State disability worker screening application—a State clearance or State exclusion. See section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.\n(sec.100-ssec.2) Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.\n- (a) if the person made an NDIS worker screening application—an NDIS clearance or NDIS exclusion; or\n- (b) if the person made a State disability worker screening application—a State clearance or State exclusion.","sortOrder":123},{"sectionNumber":"sec.101","sectionType":"section","heading":"Term of clearance","content":"### sec.101 Term of clearance\n\nThe term of a clearance starts—\nwhen the clearance is issued; or\nif the person holds another clearance with a term that ends on a later day—immediately after the existing clearance ends.\nUnless it is cancelled earlier under division 6 , the term of a clearance ends—\nfor an NDIS clearance—5 years after it starts under subsection (1) ; or\nfor a State clearance—3 years after it starts under subsection (1) .\ns 101 ins 2010 No. 5 s 130\nsub 2020 No. 39 s 11\n(sec.101-ssec.1) The term of a clearance starts— when the clearance is issued; or if the person holds another clearance with a term that ends on a later day—immediately after the existing clearance ends.\n(sec.101-ssec.2) Unless it is cancelled earlier under division 6 , the term of a clearance ends— for an NDIS clearance—5 years after it starts under subsection (1) ; or for a State clearance—3 years after it starts under subsection (1) .\n- (a) when the clearance is issued; or\n- (b) if the person holds another clearance with a term that ends on a later day—immediately after the existing clearance ends.\n- (a) for an NDIS clearance—5 years after it starts under subsection (1) ; or\n- (b) for a State clearance—3 years after it starts under subsection (1) .","sortOrder":124},{"sectionNumber":"sec.102","sectionType":"section","heading":"Term of exclusion","content":"### sec.102 Term of exclusion\n\nAn exclusion remains in force unless it is cancelled under division 7 .\ns 102 ins 2010 No. 5 s 130\nsub 2020 No. 39 s 11","sortOrder":125},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"General provisions about clearances","content":"## General provisions about clearances","sortOrder":126},{"sectionNumber":"sec.103","sectionType":"section","heading":"Clearance holder to notify if no longer carrying out work as volunteer or on unpaid basis","content":"### sec.103 Clearance holder to notify if no longer carrying out work as volunteer or on unpaid basis\n\nThis section applies if—\na person holds a clearance that is not suspended; and\nduring the term of the clearance, the person is or was—\nengaged to carry out disability work only as a volunteer; or\ncarrying out disability work as an NDIS sole trader or State sole trader only on an unpaid basis; and\neither of the following changes happens—\nthe person is engaged to carry out disability work other than as a volunteer;\nthe person starts carrying out disability work as an NDIS sole trader or State sole trader for financial reward.\nThe person must, within 14 days after the change happens—\ngive the chief executive a notice, in the approved form and in an approved way, about the change; and\nif the person is required to pay the prescribed application fee under subsection (3) —pay the prescribed application fee to the chief executive.\nMaximum penalty—10 penalty units.\nSee section 106 in relation to the chief executive issuing a replacement clearance card because of the change.\nThe person must pay the prescribed application fee if the disability worker screening application in relation to which the clearance was issued was made on the basis that the person was—\nengaged, or to be engaged, to carry out disability work only as a volunteer; or\ncarrying out, or proposing to carry out, disability work as an NDIS sole trader or State sole trader only on an unpaid basis.\nIn this section—\nprescribed application fee means the fee prescribed by regulation for a disability worker screening application made by a person—\nfor a person who gives a notice under subsection (2) for a change mentioned in subsection (1) (c) (i) —engaged to carry out disability work other than as a volunteer; or\nfor a person who gives a notice under subsection (2) for a change mentioned in subsection (1) (c) (ii) —carrying out disability work as an NDIS sole trader or State sole trader for financial reward.\nunpaid basis , for carrying out disability work, means the work is carried out other than for financial reward.\ns 103 prev s 103 om 2010 No. 5 s 123\npres s 103 ins 2010 No. 5 s 130\nsub 2020 No. 39 s 11\n(sec.103-ssec.1) This section applies if— a person holds a clearance that is not suspended; and during the term of the clearance, the person is or was— engaged to carry out disability work only as a volunteer; or carrying out disability work as an NDIS sole trader or State sole trader only on an unpaid basis; and either of the following changes happens— the person is engaged to carry out disability work other than as a volunteer; the person starts carrying out disability work as an NDIS sole trader or State sole trader for financial reward.\n(sec.103-ssec.2) The person must, within 14 days after the change happens— give the chief executive a notice, in the approved form and in an approved way, about the change; and if the person is required to pay the prescribed application fee under subsection (3) —pay the prescribed application fee to the chief executive. Maximum penalty—10 penalty units. See section 106 in relation to the chief executive issuing a replacement clearance card because of the change.\n(sec.103-ssec.3) The person must pay the prescribed application fee if the disability worker screening application in relation to which the clearance was issued was made on the basis that the person was— engaged, or to be engaged, to carry out disability work only as a volunteer; or carrying out, or proposing to carry out, disability work as an NDIS sole trader or State sole trader only on an unpaid basis.\n(sec.103-ssec.4) In this section— prescribed application fee means the fee prescribed by regulation for a disability worker screening application made by a person— for a person who gives a notice under subsection (2) for a change mentioned in subsection (1) (c) (i) —engaged to carry out disability work other than as a volunteer; or for a person who gives a notice under subsection (2) for a change mentioned in subsection (1) (c) (ii) —carrying out disability work as an NDIS sole trader or State sole trader for financial reward. unpaid basis , for carrying out disability work, means the work is carried out other than for financial reward.\n- (a) a person holds a clearance that is not suspended; and\n- (b) during the term of the clearance, the person is or was— (i) engaged to carry out disability work only as a volunteer; or (ii) carrying out disability work as an NDIS sole trader or State sole trader only on an unpaid basis; and\n- (i) engaged to carry out disability work only as a volunteer; or\n- (ii) carrying out disability work as an NDIS sole trader or State sole trader only on an unpaid basis; and\n- (c) either of the following changes happens— (i) the person is engaged to carry out disability work other than as a volunteer; (ii) the person starts carrying out disability work as an NDIS sole trader or State sole trader for financial reward.\n- (i) the person is engaged to carry out disability work other than as a volunteer;\n- (ii) the person starts carrying out disability work as an NDIS sole trader or State sole trader for financial reward.\n- (i) engaged to carry out disability work only as a volunteer; or\n- (ii) carrying out disability work as an NDIS sole trader or State sole trader only on an unpaid basis; and\n- (i) the person is engaged to carry out disability work other than as a volunteer;\n- (ii) the person starts carrying out disability work as an NDIS sole trader or State sole trader for financial reward.\n- (a) give the chief executive a notice, in the approved form and in an approved way, about the change; and\n- (b) if the person is required to pay the prescribed application fee under subsection (3) —pay the prescribed application fee to the chief executive.\n- (a) engaged, or to be engaged, to carry out disability work only as a volunteer; or\n- (b) carrying out, or proposing to carry out, disability work as an NDIS sole trader or State sole trader only on an unpaid basis.\n- (a) for a person who gives a notice under subsection (2) for a change mentioned in subsection (1) (c) (i) —engaged to carry out disability work other than as a volunteer; or\n- (b) for a person who gives a notice under subsection (2) for a change mentioned in subsection (1) (c) (ii) —carrying out disability work as an NDIS sole trader or State sole trader for financial reward.","sortOrder":127},{"sectionNumber":"sec.104","sectionType":"section","heading":"Clearance holder to notify change in other information","content":"### sec.104 Clearance holder to notify change in other information\n\nA person who holds a clearance must immediately give the chief executive a notice, in the approved form and in an approved way, if the person becomes aware that—\nthe police information about the person changes; or\na risk assessment matter relating to the person changes.\nMaximum penalty—100 penalty units.\nFor subsection (1) , the police information about a person changes if a criminal history event happens in relation to the person.\nAlso, a person who holds a clearance must, within 14 days after any of the following matters change, give the chief executive a notice, in the approved form and in an approved way, about the change—\nthe person’s name;\nthe person’s contact details;\nanother matter about the person, other than a matter to which section 103 or subsection (1) applies, prescribed by regulation for this subsection.\nMaximum penalty—10 penalty units.\ns 104 ins 2010 No. 5 s 130\nsub 2020 No. 39 s 11\n(sec.104-ssec.1) A person who holds a clearance must immediately give the chief executive a notice, in the approved form and in an approved way, if the person becomes aware that— the police information about the person changes; or a risk assessment matter relating to the person changes. Maximum penalty—100 penalty units.\n(sec.104-ssec.2) For subsection (1) , the police information about a person changes if a criminal history event happens in relation to the person.\n(sec.104-ssec.3) Also, a person who holds a clearance must, within 14 days after any of the following matters change, give the chief executive a notice, in the approved form and in an approved way, about the change— the person’s name; the person’s contact details; another matter about the person, other than a matter to which section 103 or subsection (1) applies, prescribed by regulation for this subsection. Maximum penalty—10 penalty units.\n- (a) the police information about the person changes; or\n- (b) a risk assessment matter relating to the person changes.\n- (a) the person’s name;\n- (b) the person’s contact details;\n- (c) another matter about the person, other than a matter to which section 103 or subsection (1) applies, prescribed by regulation for this subsection.","sortOrder":128},{"sectionNumber":"sec.105","sectionType":"section","heading":"Replacement of lost or stolen card","content":"### sec.105 Replacement of lost or stolen card\n\nIf a person’s clearance card is lost or stolen (the lost or stolen card ), the person must, within 14 days after the loss or theft—\ngive the chief executive a notice about the loss or theft in the approved form and in an approved way; and\neither—\napply for a replacement clearance card; or\nask the chief executive under section 124 to cancel the person’s clearance.\nMaximum penalty—10 penalty units.\nAn application under subsection (1) (b) (i) must be—\nmade in the approved form and in an approved way; and\naccompanied by the fee prescribed by regulation for the application.\nThe chief executive must—\ncancel the lost or stolen card; and\nif the person applied for a replacement clearance card under subsection (1) (b) (i) —issue a replacement clearance card to the person.\ns 105 ins 2010 No. 5 s 130\nsub 2020 No. 39 s 11\n(sec.105-ssec.1) If a person’s clearance card is lost or stolen (the lost or stolen card ), the person must, within 14 days after the loss or theft— give the chief executive a notice about the loss or theft in the approved form and in an approved way; and either— apply for a replacement clearance card; or ask the chief executive under section 124 to cancel the person’s clearance. Maximum penalty—10 penalty units.\n(sec.105-ssec.2) An application under subsection (1) (b) (i) must be— made in the approved form and in an approved way; and accompanied by the fee prescribed by regulation for the application.\n(sec.105-ssec.3) The chief executive must— cancel the lost or stolen card; and if the person applied for a replacement clearance card under subsection (1) (b) (i) —issue a replacement clearance card to the person.\n- (a) give the chief executive a notice about the loss or theft in the approved form and in an approved way; and\n- (b) either— (i) apply for a replacement clearance card; or (ii) ask the chief executive under section 124 to cancel the person’s clearance.\n- (i) apply for a replacement clearance card; or\n- (ii) ask the chief executive under section 124 to cancel the person’s clearance.\n- (i) apply for a replacement clearance card; or\n- (ii) ask the chief executive under section 124 to cancel the person’s clearance.\n- (a) made in the approved form and in an approved way; and\n- (b) accompanied by the fee prescribed by regulation for the application.\n- (a) cancel the lost or stolen card; and\n- (b) if the person applied for a replacement clearance card under subsection (1) (b) (i) —issue a replacement clearance card to the person.","sortOrder":129},{"sectionNumber":"sec.106","sectionType":"section","heading":"Replacement for change of name, contact details or volunteer or unpaid status","content":"### sec.106 Replacement for change of name, contact details or volunteer or unpaid status\n\nThis section applies if a person who holds a clearance gives the chief executive notice that—\nthe person’s name or contact details have changed; or\na change mentioned in section 103 (1) (c) has happened.\nIf the chief executive considers it is appropriate to do so because of the change, the chief executive may issue a replacement clearance card to the person.\nIf the chief executive issues a replacement clearance card to the person, the chief executive must cancel the person’s previously held clearance card.\ns 106 ins 2010 No. 5 s 130\nsub 2020 No. 39 s 11\n(sec.106-ssec.1) This section applies if a person who holds a clearance gives the chief executive notice that— the person’s name or contact details have changed; or a change mentioned in section 103 (1) (c) has happened.\n(sec.106-ssec.2) If the chief executive considers it is appropriate to do so because of the change, the chief executive may issue a replacement clearance card to the person.\n(sec.106-ssec.3) If the chief executive issues a replacement clearance card to the person, the chief executive must cancel the person’s previously held clearance card.\n- (a) the person’s name or contact details have changed; or\n- (b) a change mentioned in section 103 (1) (c) has happened.","sortOrder":130},{"sectionNumber":"sec.107","sectionType":"section","heading":"Requirement to return replaced card","content":"### sec.107 Requirement to return replaced card\n\nThis section applies if the chief executive issues a clearance card (the replacement card ) to a person who holds a clearance to replace a clearance card (the original card ) previously issued to the person.\nIf the replacement card is issued other than because the person’s original card expired or was lost or stolen, the person must give the original card to the chief executive within 14 days after the replacement card is issued.\nMaximum penalty—10 penalty units.\nIf the person’s original card was lost or stolen and the person regains possession of it, the person must give the original card to the chief executive within 7 days after regaining possession of it.\nMaximum penalty—10 penalty units.\nA person does not commit an offence against subsection (2) or (3) if the person has a reasonable excuse.\ns 107 ins 2010 No. 5 s 130\nsub 2020 No. 39 s 11\n(sec.107-ssec.1) This section applies if the chief executive issues a clearance card (the replacement card ) to a person who holds a clearance to replace a clearance card (the original card ) previously issued to the person.\n(sec.107-ssec.2) If the replacement card is issued other than because the person’s original card expired or was lost or stolen, the person must give the original card to the chief executive within 14 days after the replacement card is issued. Maximum penalty—10 penalty units.\n(sec.107-ssec.3) If the person’s original card was lost or stolen and the person regains possession of it, the person must give the original card to the chief executive within 7 days after regaining possession of it. Maximum penalty—10 penalty units.\n(sec.107-ssec.4) A person does not commit an offence against subsection (2) or (3) if the person has a reasonable excuse.","sortOrder":131},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Reassessment, suspension or cancellation of clearance","content":"## Reassessment, suspension or cancellation of clearance","sortOrder":132},{"sectionNumber":"sec.108","sectionType":"section","heading":"Reassessment of risk of harm posed by holder of clearance","content":"### sec.108 Reassessment of risk of harm posed by holder of clearance\n\nThe chief executive may conduct a risk assessment of a person who holds a clearance if the chief executive becomes aware of information about the person that—\nwas not known to the chief executive when the decision to issue the clearance was made; and\nin the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability.\nThe chief executive must conduct a risk assessment of a person, under subsection (1) or otherwise, before the chief executive makes a decision under this division about whether the person poses an unacceptable risk of harm to people with disability.\ns 108 amd 2009 No. 24 s 53 ; 2010 No. 5 s 132\nsub 2010 No. 5 s 133; 2020 No. 39 s 11\n(sec.108-ssec.1) The chief executive may conduct a risk assessment of a person who holds a clearance if the chief executive becomes aware of information about the person that— was not known to the chief executive when the decision to issue the clearance was made; and in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability.\n(sec.108-ssec.2) The chief executive must conduct a risk assessment of a person, under subsection (1) or otherwise, before the chief executive makes a decision under this division about whether the person poses an unacceptable risk of harm to people with disability.\n- (a) was not known to the chief executive when the decision to issue the clearance was made; and\n- (b) in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability.","sortOrder":133},{"sectionNumber":"sec.109","sectionType":"section","heading":"Application of div 4 , sdiv 3 to conducting risk assessment","content":"### sec.109 Application of div 4 , sdiv 3 to conducting risk assessment\n\nDivision 4 , subdivision 3 applies with necessary changes for conducting a risk assessment of a person under section 108 .\nWithout limiting subsection (1) , section 95 applies if, under this division, the chief executive is proposing to decide that the person poses an unacceptable risk of harm to people with disability.\nSection 95 requires the chief executive to give a person a show cause notice, and invite the person to make submissions, before the chief executive decides the person poses an unacceptable risk of harm to people with disability.\ns 109 ins 2010 No. 5 s 133\nsub 2020 No. 39 s 11\n(sec.109-ssec.1) Division 4 , subdivision 3 applies with necessary changes for conducting a risk assessment of a person under section 108 .\n(sec.109-ssec.2) Without limiting subsection (1) , section 95 applies if, under this division, the chief executive is proposing to decide that the person poses an unacceptable risk of harm to people with disability. Section 95 requires the chief executive to give a person a show cause notice, and invite the person to make submissions, before the chief executive decides the person poses an unacceptable risk of harm to people with disability.","sortOrder":134},{"sectionNumber":"sec.109A","sectionType":"section","heading":null,"content":"### Section sec.109A\n\ns 109A ins 2019 No. 18 s 73\nom 2020 No. 39 s 11","sortOrder":135},{"sectionNumber":"sec.110","sectionType":"section","heading":"Application of subdivision","content":"### sec.110 Application of subdivision\n\nThis subdivision applies in relation to a person who holds a clearance if—\nthe person—\nis charged with a disqualifying offence that has not been dealt with; and\nwas an adult when the offence is alleged to have been committed; or\nthe person becomes the subject of a banning order made for a reason that, in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; or\nthe chief executive—\nis conducting a risk assessment of the person under subdivision 1 ; and\nreasonably suspects the assessment will demonstrate that the person poses an unacceptable risk of harm to people with disability.\ns 110 ins 2010 No. 5 s 133\namd 2013 No. 14 s 54 sch\nsub 2020 No. 39 s 11\n- (a) the person— (i) is charged with a disqualifying offence that has not been dealt with; and (ii) was an adult when the offence is alleged to have been committed; or\n- (i) is charged with a disqualifying offence that has not been dealt with; and\n- (ii) was an adult when the offence is alleged to have been committed; or\n- (b) the person becomes the subject of a banning order made for a reason that, in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; or\n- (c) the chief executive— (i) is conducting a risk assessment of the person under subdivision 1 ; and (ii) reasonably suspects the assessment will demonstrate that the person poses an unacceptable risk of harm to people with disability.\n- (i) is conducting a risk assessment of the person under subdivision 1 ; and\n- (ii) reasonably suspects the assessment will demonstrate that the person poses an unacceptable risk of harm to people with disability.\n- (i) is charged with a disqualifying offence that has not been dealt with; and\n- (ii) was an adult when the offence is alleged to have been committed; or\n- (i) is conducting a risk assessment of the person under subdivision 1 ; and\n- (ii) reasonably suspects the assessment will demonstrate that the person poses an unacceptable risk of harm to people with disability.","sortOrder":136},{"sectionNumber":"sec.111","sectionType":"section","heading":"Chief executive must suspend clearance","content":"### sec.111 Chief executive must suspend clearance\n\nThe chief executive must suspend the person’s clearance by giving the person a notice (a suspension notice ) about the suspension.\nThe suspension notice must state—\nthe person’s clearance is suspended; and\nthe reason for the suspension; and\nhow long the suspension will continue; and\nthe effect of the suspension; and\nunder section 128 , the person must return the person’s clearance card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and\nthe relevant review and appeal information.\ns 111 amd 2010 No. 5 s 135 ; 2013 No. 14 s 29\nsub 2020 No. 39 s 11\n(sec.111-ssec.1) The chief executive must suspend the person’s clearance by giving the person a notice (a suspension notice ) about the suspension.\n(sec.111-ssec.2) The suspension notice must state— the person’s clearance is suspended; and the reason for the suspension; and how long the suspension will continue; and the effect of the suspension; and under section 128 , the person must return the person’s clearance card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and the relevant review and appeal information.\n- (a) the person’s clearance is suspended; and\n- (b) the reason for the suspension; and\n- (c) how long the suspension will continue; and\n- (d) the effect of the suspension; and\n- (e) under section 128 , the person must return the person’s clearance card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and\n- (f) the relevant review and appeal information.","sortOrder":137},{"sectionNumber":"sec.112","sectionType":"section","heading":"Notifiable persons and potential employers notified about suspension","content":"### sec.112 Notifiable persons and potential employers notified about suspension\n\nThe chief executive must give each notifiable person for the person a notice that states—\nthe person’s clearance is suspended; and\nhow long the suspension will continue; and\nthe effect of the suspension; and\nit is an offence for an NDIS service provider or funded service provider to allow the person to carry out disability work while the clearance is suspended; and\nan employer of the person who is given notice about the suspension of the person’s clearance under this section must not terminate the person’s employment solely or mainly because of the suspension.\nSee section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.\nAlso, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.\ns 112 sub 2020 No. 39 s 11\n(sec.112-ssec.1) The chief executive must give each notifiable person for the person a notice that states— the person’s clearance is suspended; and how long the suspension will continue; and the effect of the suspension; and it is an offence for an NDIS service provider or funded service provider to allow the person to carry out disability work while the clearance is suspended; and an employer of the person who is given notice about the suspension of the person’s clearance under this section must not terminate the person’s employment solely or mainly because of the suspension. See section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.\n(sec.112-ssec.2) Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.\n- (a) the person’s clearance is suspended; and\n- (b) how long the suspension will continue; and\n- (c) the effect of the suspension; and\n- (d) it is an offence for an NDIS service provider or funded service provider to allow the person to carry out disability work while the clearance is suspended; and\n- (e) an employer of the person who is given notice about the suspension of the person’s clearance under this section must not terminate the person’s employment solely or mainly because of the suspension.","sortOrder":138},{"sectionNumber":"sec.113","sectionType":"section","heading":"Effect of suspension of clearance","content":"### sec.113 Effect of suspension of clearance\n\nThis section applies while the person’s clearance is suspended.\nThe person must not—\nstart an engagement to carry out disability work; or\nif the person is engaged to carry out disability work for an NDIS service provider, funded service provider or the disability services department—carry out work for the service provider or department that is disability work; or\ncarry out disability work as an NDIS sole trader or State sole trader.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nAn employer of the person who is given notice about the suspension of the person’s clearance under section 112 must not terminate the person’s employment solely or mainly because of the suspension.\nSee also sections 56 and 60 in relation to NDIS service providers or funded service providers allowing the person to carry out disability work.\nSee section 138ZZB in relation to notices under section 112 if the NDIS commission communicates the relevant information to the notifiable person.\nThe person’s clearance continues in force even if it would otherwise end under section 101 (2) .\ns 113 amd 2010 No. 5 s 136\nsub 2020 No. 39 s 11\namd 2024 No. 50 s 17\n(sec.113-ssec.1) This section applies while the person’s clearance is suspended.\n(sec.113-ssec.2) The person must not— start an engagement to carry out disability work; or if the person is engaged to carry out disability work for an NDIS service provider, funded service provider or the disability services department—carry out work for the service provider or department that is disability work; or carry out disability work as an NDIS sole trader or State sole trader. Maximum penalty—500 penalty units or 5 years imprisonment.\n(sec.113-ssec.3) An employer of the person who is given notice about the suspension of the person’s clearance under section 112 must not terminate the person’s employment solely or mainly because of the suspension. See also sections 56 and 60 in relation to NDIS service providers or funded service providers allowing the person to carry out disability work. See section 138ZZB in relation to notices under section 112 if the NDIS commission communicates the relevant information to the notifiable person.\n(sec.113-ssec.4) The person’s clearance continues in force even if it would otherwise end under section 101 (2) .\n- (a) start an engagement to carry out disability work; or\n- (b) if the person is engaged to carry out disability work for an NDIS service provider, funded service provider or the disability services department—carry out work for the service provider or department that is disability work; or\n- (c) carry out disability work as an NDIS sole trader or State sole trader.\n- 1 See also sections 56 and 60 in relation to NDIS service providers or funded service providers allowing the person to carry out disability work.\n- 2 See section 138ZZB in relation to notices under section 112 if the NDIS commission communicates the relevant information to the notifiable person.","sortOrder":139},{"sectionNumber":"sec.114","sectionType":"section","heading":"When suspension of clearance ends","content":"### sec.114 When suspension of clearance ends\n\nThe suspension of the person’s clearance ends if—\nthe chief executive decides to cancel the clearance under section 115 ; or\nthe suspension ends under section 118 ; or\nthe clearance is otherwise cancelled under this division.\ns 114 sub 2020 No. 39 s 11\n- (a) the chief executive decides to cancel the clearance under section 115 ; or\n- (b) the suspension ends under section 118 ; or\n- (c) the clearance is otherwise cancelled under this division.","sortOrder":140},{"sectionNumber":"sec.115","sectionType":"section","heading":"Deciding whether to cancel suspended clearance","content":"### sec.115 Deciding whether to cancel suspended clearance\n\nThe chief executive may decide whether or not to cancel the person’s suspended clearance—\non the chief executive’s own initiative; or\nin response to an application made by the person under section 116 .\nThe chief executive must cancel the person’s clearance if the chief executive decides the person poses an unacceptable risk of harm to people with disability.\nSee sections 108 (2) and 109 in relation to making a decision under this section.\nOtherwise, the chief executive may decide to—\nnot cancel the person’s clearance; and\nend the suspension of the clearance.\ns 115 amd 2009 No. 24 s 54 ; 2010 No. 5 s 137\nsub 2010 No. 5 s 138; 2020 No. 39 s 11\n(sec.115-ssec.1) The chief executive may decide whether or not to cancel the person’s suspended clearance— on the chief executive’s own initiative; or in response to an application made by the person under section 116 .\n(sec.115-ssec.2) The chief executive must cancel the person’s clearance if the chief executive decides the person poses an unacceptable risk of harm to people with disability. See sections 108 (2) and 109 in relation to making a decision under this section.\n(sec.115-ssec.3) Otherwise, the chief executive may decide to— not cancel the person’s clearance; and end the suspension of the clearance.\n- (a) on the chief executive’s own initiative; or\n- (b) in response to an application made by the person under section 116 .\n- (a) not cancel the person’s clearance; and\n- (b) end the suspension of the clearance.","sortOrder":141},{"sectionNumber":"sec.116","sectionType":"section","heading":"Application to chief executive to end suspension of clearance","content":"### sec.116 Application to chief executive to end suspension of clearance\n\nIf the person’s clearance has been suspended for at least 6 months, the person may apply to the chief executive to end the suspension of the clearance.\nThe application must be made in the approved form and in an approved way.\nThe chief executive is not required to decide the person’s application if—\na charge for an offence against the person has not been dealt with; or\nthe chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.\nThe chief executive may decide the application—\nby deciding under section 115 whether or not to cancel the person’s clearance; or\nby deciding—\nnot to make a decision under section 115 ; and\nto continue the suspension of the person’s clearance.\nIf the chief executive makes a decision mentioned in subsection (4) (b) , the chief executive must give the person a notice that states—\nthe decision and reasons for the decision; and\nthe relevant review and appeal information.\ns 116 ins 2010 No. 5 s 139\nsub 2020 No. 39 s 11\n(sec.116-ssec.1) If the person’s clearance has been suspended for at least 6 months, the person may apply to the chief executive to end the suspension of the clearance.\n(sec.116-ssec.2) The application must be made in the approved form and in an approved way.\n(sec.116-ssec.3) The chief executive is not required to decide the person’s application if— a charge for an offence against the person has not been dealt with; or the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.\n(sec.116-ssec.4) The chief executive may decide the application— by deciding under section 115 whether or not to cancel the person’s clearance; or by deciding— not to make a decision under section 115 ; and to continue the suspension of the person’s clearance.\n(sec.116-ssec.5) If the chief executive makes a decision mentioned in subsection (4) (b) , the chief executive must give the person a notice that states— the decision and reasons for the decision; and the relevant review and appeal information.\n- (a) a charge for an offence against the person has not been dealt with; or\n- (b) the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.\n- (a) by deciding under section 115 whether or not to cancel the person’s clearance; or\n- (b) by deciding— (i) not to make a decision under section 115 ; and (ii) to continue the suspension of the person’s clearance.\n- (i) not to make a decision under section 115 ; and\n- (ii) to continue the suspension of the person’s clearance.\n- (i) not to make a decision under section 115 ; and\n- (ii) to continue the suspension of the person’s clearance.\n- (a) the decision and reasons for the decision; and\n- (b) the relevant review and appeal information.","sortOrder":142},{"sectionNumber":"sec.117","sectionType":"section","heading":"Chief executive decides to cancel suspended clearance","content":"### sec.117 Chief executive decides to cancel suspended clearance\n\nIf the chief executive decides to cancel the person’s clearance under section 115 , the chief executive must—\ncancel the clearance; and\nissue an exclusion to the person as follows—\nfor a person who held an NDIS clearance—an NDIS exclusion;\nfor a person who held a State clearance—a State exclusion; and\ngive the person a notice that states—\nthe decision and reasons for the decision; and\nthat, if the person has not returned the person’s clearance card to the chief executive, under section 128 , the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and\nthe relevant review and appeal information; and\nthe circumstances in which the person may apply under section 130 for the exclusion to be cancelled; and\ngive each notifiable person for the person, and each potential employer of the person given notice about the suspension of the clearance under section 112 (2) , a notice that states—\nthe person’s clearance has been cancelled; and\nthe person has been issued an exclusion; and\nit is an offence for an NDIS service provider or funded service provider to engage, or to continue to engage, the person to carry out disability work.\nSee section 138ZZB in relation to notices under this paragraph if the NDIS commission communicates the relevant information to the notifiable person.\nAlso, the chief executive may give a notice mentioned in subsection (1) (d) to another potential employer of the person.\ns 117 amd 2010 No. 5 s 140; 2017 No. 14 s 50 sch 1\nsub 2020 No. 39 s 11\n(sec.117-ssec.1) If the chief executive decides to cancel the person’s clearance under section 115 , the chief executive must— cancel the clearance; and issue an exclusion to the person as follows— for a person who held an NDIS clearance—an NDIS exclusion; for a person who held a State clearance—a State exclusion; and give the person a notice that states— the decision and reasons for the decision; and that, if the person has not returned the person’s clearance card to the chief executive, under section 128 , the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and the relevant review and appeal information; and the circumstances in which the person may apply under section 130 for the exclusion to be cancelled; and give each notifiable person for the person, and each potential employer of the person given notice about the suspension of the clearance under section 112 (2) , a notice that states— the person’s clearance has been cancelled; and the person has been issued an exclusion; and it is an offence for an NDIS service provider or funded service provider to engage, or to continue to engage, the person to carry out disability work. See section 138ZZB in relation to notices under this paragraph if the NDIS commission communicates the relevant information to the notifiable person.\n(sec.117-ssec.2) Also, the chief executive may give a notice mentioned in subsection (1) (d) to another potential employer of the person.\n- (a) cancel the clearance; and\n- (b) issue an exclusion to the person as follows— (i) for a person who held an NDIS clearance—an NDIS exclusion; (ii) for a person who held a State clearance—a State exclusion; and\n- (i) for a person who held an NDIS clearance—an NDIS exclusion;\n- (ii) for a person who held a State clearance—a State exclusion; and\n- (c) give the person a notice that states— (i) the decision and reasons for the decision; and (ii) that, if the person has not returned the person’s clearance card to the chief executive, under section 128 , the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and (iii) the relevant review and appeal information; and (iv) the circumstances in which the person may apply under section 130 for the exclusion to be cancelled; and\n- (i) the decision and reasons for the decision; and\n- (ii) that, if the person has not returned the person’s clearance card to the chief executive, under section 128 , the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and\n- (iii) the relevant review and appeal information; and\n- (iv) the circumstances in which the person may apply under section 130 for the exclusion to be cancelled; and\n- (d) give each notifiable person for the person, and each potential employer of the person given notice about the suspension of the clearance under section 112 (2) , a notice that states— (i) the person’s clearance has been cancelled; and (ii) the person has been issued an exclusion; and (iii) it is an offence for an NDIS service provider or funded service provider to engage, or to continue to engage, the person to carry out disability work. Note— See section 138ZZB in relation to notices under this paragraph if the NDIS commission communicates the relevant information to the notifiable person.\n- (i) the person’s clearance has been cancelled; and\n- (ii) the person has been issued an exclusion; and\n- (iii) it is an offence for an NDIS service provider or funded service provider to engage, or to continue to engage, the person to carry out disability work.\n- (i) for a person who held an NDIS clearance—an NDIS exclusion;\n- (ii) for a person who held a State clearance—a State exclusion; and\n- (i) the decision and reasons for the decision; and\n- (ii) that, if the person has not returned the person’s clearance card to the chief executive, under section 128 , the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and\n- (iii) the relevant review and appeal information; and\n- (iv) the circumstances in which the person may apply under section 130 for the exclusion to be cancelled; and\n- (i) the person’s clearance has been cancelled; and\n- (ii) the person has been issued an exclusion; and\n- (iii) it is an offence for an NDIS service provider or funded service provider to engage, or to continue to engage, the person to carry out disability work.","sortOrder":143},{"sectionNumber":"sec.118","sectionType":"section","heading":"Chief executive decides not to cancel suspended clearance","content":"### sec.118 Chief executive decides not to cancel suspended clearance\n\nThis section applies if, under section 115 , the chief executive decides not to cancel the person’s clearance and end the suspension of the clearance.\nThe suspension of the person’s clearance ends.\nThe chief executive must—\ngive a notice that states the suspension of the person’s clearance has ended to—\nthe person; and\neach notifiable person for the person; and\neach potential employer for the person who was given a notice about the suspension under section 112 (2) ; and\nif the chief executive has the person’s clearance card and the term of the person’s clearance has not ended under section 101 (2) —return the person’s clearance card to the person.\ns 118 ins 2010 No. 5 s 141\nsub 2020 No. 39 s 11\n(sec.118-ssec.1) This section applies if, under section 115 , the chief executive decides not to cancel the person’s clearance and end the suspension of the clearance.\n(sec.118-ssec.2) The suspension of the person’s clearance ends.\n(sec.118-ssec.3) The chief executive must— give a notice that states the suspension of the person’s clearance has ended to— the person; and each notifiable person for the person; and each potential employer for the person who was given a notice about the suspension under section 112 (2) ; and if the chief executive has the person’s clearance card and the term of the person’s clearance has not ended under section 101 (2) —return the person’s clearance card to the person.\n- (a) give a notice that states the suspension of the person’s clearance has ended to— (i) the person; and (ii) each notifiable person for the person; and (iii) each potential employer for the person who was given a notice about the suspension under section 112 (2) ; and\n- (i) the person; and\n- (ii) each notifiable person for the person; and\n- (iii) each potential employer for the person who was given a notice about the suspension under section 112 (2) ; and\n- (b) if the chief executive has the person’s clearance card and the term of the person’s clearance has not ended under section 101 (2) —return the person’s clearance card to the person.\n- (i) the person; and\n- (ii) each notifiable person for the person; and\n- (iii) each potential employer for the person who was given a notice about the suspension under section 112 (2) ; and","sortOrder":144},{"sectionNumber":"sec.119","sectionType":"section","heading":"Cancelling clearance—disqualified person","content":"### sec.119 Cancelling clearance—disqualified person\n\nThe chief executive must cancel a person’s clearance if the person becomes a disqualified person.\nThis section applies whether or not the person’s clearance is suspended under section 111 .\ns 119 ins 2010 No. 5 s 141\nsub 2020 No. 39 s 11\n(sec.119-ssec.1) The chief executive must cancel a person’s clearance if the person becomes a disqualified person.\n(sec.119-ssec.2) This section applies whether or not the person’s clearance is suspended under section 111 .","sortOrder":145},{"sectionNumber":"sec.120","sectionType":"section","heading":"Cancelling clearance—wrong or incomplete information","content":"### sec.120 Cancelling clearance—wrong or incomplete information\n\nThe chief executive must cancel a person’s clearance if the chief executive—\nbecomes aware the decision to issue the clearance was based on information that was wrong or incomplete; and\ndecides the person poses an unacceptable risk of harm to people with disability.\nSee sections 108 (2) and 109 in relation to making a decision under this section.\nA risk assessment of the person conducted before the chief executive makes a decision mentioned in subsection (1) (b) must include consideration of the correct or complete information.\nThis section applies whether or not the person’s clearance is suspended under section 111 .\ns 120 ins 2010 No. 5 s 141\namd 2016 No. 5 s 923 sch 4\nsub 2020 No. 39 s 11\n(sec.120-ssec.1) The chief executive must cancel a person’s clearance if the chief executive— becomes aware the decision to issue the clearance was based on information that was wrong or incomplete; and decides the person poses an unacceptable risk of harm to people with disability. See sections 108 (2) and 109 in relation to making a decision under this section.\n(sec.120-ssec.2) A risk assessment of the person conducted before the chief executive makes a decision mentioned in subsection (1) (b) must include consideration of the correct or complete information.\n(sec.120-ssec.3) This section applies whether or not the person’s clearance is suspended under section 111 .\n- (a) becomes aware the decision to issue the clearance was based on information that was wrong or incomplete; and\n- (b) decides the person poses an unacceptable risk of harm to people with disability. Note— See sections 108 (2) and 109 in relation to making a decision under this section.","sortOrder":146},{"sectionNumber":"sec.121","sectionType":"section","heading":"Cancelling clearance—new relevant information","content":"### sec.121 Cancelling clearance—new relevant information\n\nThe chief executive must cancel a person’s clearance if the chief executive—\nbecomes aware of information that—\nwas not known to the chief executive when the decision to issue the clearance was made; and\nin the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; and\nhas not suspended the person’s clearance under section 111 ; and\ndecides the person poses an unacceptable risk of harm to people with disability.\nSee sections 108 (2) and 109 in relation to making a decision under this section.\nA risk assessment of the person conducted before the chief executive makes a decision mentioned in subsection (1) (c) must include consideration of the information mentioned in subsection (1) (a) .\ns 121 ins 2010 No. 5 s 141\nsub 2020 No. 39 s 11\n(sec.121-ssec.1) The chief executive must cancel a person’s clearance if the chief executive— becomes aware of information that— was not known to the chief executive when the decision to issue the clearance was made; and in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; and has not suspended the person’s clearance under section 111 ; and decides the person poses an unacceptable risk of harm to people with disability. See sections 108 (2) and 109 in relation to making a decision under this section.\n(sec.121-ssec.2) A risk assessment of the person conducted before the chief executive makes a decision mentioned in subsection (1) (c) must include consideration of the information mentioned in subsection (1) (a) .\n- (a) becomes aware of information that— (i) was not known to the chief executive when the decision to issue the clearance was made; and (ii) in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; and\n- (i) was not known to the chief executive when the decision to issue the clearance was made; and\n- (ii) in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; and\n- (b) has not suspended the person’s clearance under section 111 ; and\n- (c) decides the person poses an unacceptable risk of harm to people with disability.\n- (i) was not known to the chief executive when the decision to issue the clearance was made; and\n- (ii) in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; and","sortOrder":147},{"sectionNumber":"sec.122","sectionType":"section","heading":"Action after decision","content":"### sec.122 Action after decision\n\nIf the chief executive is required, or decides, to cancel a person’s clearance under this subdivision, the chief executive must—\ncancel the person’s clearance; and\nissue an exclusion to the person as follows—\nfor a person who held an NDIS clearance—an NDIS exclusion;\nfor a person who held a State clearance—a State exclusion; and\ngive the person a notice that states—\nthe decision to cancel the clearance and issue the exclusion and the reasons for the decision; and\nunder section 128 , the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and\nthe relevant review and appeal information; and\nthe circumstances in which the person may apply under section 130 for the exclusion to be cancelled.\ns 122 ins 2010 No. 5 s 141\nsub 2020 No. 39 s 11\n- (a) cancel the person’s clearance; and\n- (b) issue an exclusion to the person as follows— (i) for a person who held an NDIS clearance—an NDIS exclusion; (ii) for a person who held a State clearance—a State exclusion; and\n- (i) for a person who held an NDIS clearance—an NDIS exclusion;\n- (ii) for a person who held a State clearance—a State exclusion; and\n- (c) give the person a notice that states— (i) the decision to cancel the clearance and issue the exclusion and the reasons for the decision; and (ii) under section 128 , the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and (iii) the relevant review and appeal information; and (iv) the circumstances in which the person may apply under section 130 for the exclusion to be cancelled.\n- (i) the decision to cancel the clearance and issue the exclusion and the reasons for the decision; and\n- (ii) under section 128 , the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and\n- (iii) the relevant review and appeal information; and\n- (iv) the circumstances in which the person may apply under section 130 for the exclusion to be cancelled.\n- (i) for a person who held an NDIS clearance—an NDIS exclusion;\n- (ii) for a person who held a State clearance—a State exclusion; and\n- (i) the decision to cancel the clearance and issue the exclusion and the reasons for the decision; and\n- (ii) under section 128 , the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and\n- (iii) the relevant review and appeal information; and\n- (iv) the circumstances in which the person may apply under section 130 for the exclusion to be cancelled.","sortOrder":148},{"sectionNumber":"sec.123","sectionType":"section","heading":"Notifiable persons and potential employers notified about cancellation","content":"### sec.123 Notifiable persons and potential employers notified about cancellation\n\nIf the chief executive cancels a person’s clearance under this subdivision, the chief executive must give each notifiable person for the person a notice that states—\nthe person’s clearance has been cancelled; and\nthe person has been issued an exclusion; and\nit is an offence for an NDIS service provider or funded service provider to engage, or to continue to engage, the person to carry out disability work.\nSee section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.\nAlso, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.\ns 123 ins 2010 No. 5 s 141\namd 2016 No. 5 s 923 sch 4\nsub 2020 No. 39 s 11\n(sec.123-ssec.1) If the chief executive cancels a person’s clearance under this subdivision, the chief executive must give each notifiable person for the person a notice that states— the person’s clearance has been cancelled; and the person has been issued an exclusion; and it is an offence for an NDIS service provider or funded service provider to engage, or to continue to engage, the person to carry out disability work. See section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.\n(sec.123-ssec.2) Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.\n- (a) the person’s clearance has been cancelled; and\n- (b) the person has been issued an exclusion; and\n- (c) it is an offence for an NDIS service provider or funded service provider to engage, or to continue to engage, the person to carry out disability work.","sortOrder":149},{"sectionNumber":"sec.123I","sectionType":"section","heading":null,"content":"### Section sec.123I\n\ns 123I ins 2008 No. 23 s 7\namd 2014 No. 26 s 216\nom 2014 No. 5 s 12","sortOrder":150},{"sectionNumber":"sec.123ZM","sectionType":"section","heading":null,"content":"### Section sec.123ZM\n\ns 123ZM ins 2008 No. 23 s 7\nom 2014 No. 5 s 28","sortOrder":151},{"sectionNumber":"sec.123ZN","sectionType":"section","heading":null,"content":"### Section sec.123ZN\n\ns 123ZN ins 2008 No. 23 s 7\namd 2009 No. 24 s 62\nom 2014 No. 5 s 28","sortOrder":152},{"sectionNumber":"sec.123ZT","sectionType":"section","heading":null,"content":"### Section sec.123ZT\n\ns 123ZT ins 2008 No. 23 s 7\nom 2014 No. 5 s 29","sortOrder":153},{"sectionNumber":"sec.123ZU","sectionType":"section","heading":null,"content":"### Section sec.123ZU\n\ns 123ZU ins 2008 No. 23 s 7\nom 2014 No. 5 s 29","sortOrder":154},{"sectionNumber":"sec.123ZV","sectionType":"section","heading":null,"content":"### Section sec.123ZV\n\ns 123ZV ins 2008 No. 23 s 7\nom 2014 No. 5 s 29","sortOrder":155},{"sectionNumber":"sec.123ZW","sectionType":"section","heading":null,"content":"### Section sec.123ZW\n\ns 123ZW ins 2008 No. 23 s 7\nom 2014 No. 5 s 29","sortOrder":156},{"sectionNumber":"sec.124","sectionType":"section","heading":"Request to cancel clearance","content":"### sec.124 Request to cancel clearance\n\nA person may ask the chief executive to cancel the person’s clearance.\nThe request must be made in the approved form and in an approved way.\ns 124 prev s 124 om 2014 No. 12 s 59\npres s 124 ins 2010 No. 5 s 141\namd 2016 No. 5 s 923 sch 4\nsub 2020 No. 39 s 11\n(sec.124-ssec.1) A person may ask the chief executive to cancel the person’s clearance.\n(sec.124-ssec.2) The request must be made in the approved form and in an approved way.","sortOrder":157},{"sectionNumber":"sec.125","sectionType":"section","heading":"Refusal to cancel clearance","content":"### sec.125 Refusal to cancel clearance\n\nThe chief executive must refuse a person’s request under section 124 if—\nthe person’s clearance is suspended; or\nthe chief executive is conducting, or proposes to conduct, a risk assessment of the person under subdivision 1 ; or\nthe chief executive is aware the person has become a disqualified person.\nThe chief executive must give the person a notice that states—\nthe chief executive is refusing the request to cancel the person’s clearance; and\nthe reasons for the refusal.\ns 125 prev s 125 om 2014 No. 12 s 59\npres s 125 ins 2010 No. 5 s 141\nsub 2020 No. 39 s 11\n(sec.125-ssec.1) The chief executive must refuse a person’s request under section 124 if— the person’s clearance is suspended; or the chief executive is conducting, or proposes to conduct, a risk assessment of the person under subdivision 1 ; or the chief executive is aware the person has become a disqualified person.\n(sec.125-ssec.2) The chief executive must give the person a notice that states— the chief executive is refusing the request to cancel the person’s clearance; and the reasons for the refusal.\n- (a) the person’s clearance is suspended; or\n- (b) the chief executive is conducting, or proposes to conduct, a risk assessment of the person under subdivision 1 ; or\n- (c) the chief executive is aware the person has become a disqualified person.\n- (a) the chief executive is refusing the request to cancel the person’s clearance; and\n- (b) the reasons for the refusal.","sortOrder":158},{"sectionNumber":"sec.126","sectionType":"section","heading":"Cancellation of clearance","content":"### sec.126 Cancellation of clearance\n\nThis section applies if a request under section 124 is not refused by the chief executive under section 125 .\nThe chief executive must—\ncancel the person’s clearance; and\ngive the person a notice that states—\nthe clearance has been cancelled; and\nunder section 128 , the person must return the person’s clearance card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and\nit is an offence for the person to be engaged in carrying out disability work, or to carry out disability work as an NDIS sole trader or State sole trader, other than as allowed under division 2 .\ns 126 prev s 126 om 2014 No. 12 s 59\npres s 126 ins 2010 No. 5 s 141\nsub 2020 No. 39 s 11\n(sec.126-ssec.1) This section applies if a request under section 124 is not refused by the chief executive under section 125 .\n(sec.126-ssec.2) The chief executive must— cancel the person’s clearance; and give the person a notice that states— the clearance has been cancelled; and under section 128 , the person must return the person’s clearance card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and it is an offence for the person to be engaged in carrying out disability work, or to carry out disability work as an NDIS sole trader or State sole trader, other than as allowed under division 2 .\n- (a) cancel the person’s clearance; and\n- (b) give the person a notice that states— (i) the clearance has been cancelled; and (ii) under section 128 , the person must return the person’s clearance card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and (iii) it is an offence for the person to be engaged in carrying out disability work, or to carry out disability work as an NDIS sole trader or State sole trader, other than as allowed under division 2 .\n- (i) the clearance has been cancelled; and\n- (ii) under section 128 , the person must return the person’s clearance card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and\n- (iii) it is an offence for the person to be engaged in carrying out disability work, or to carry out disability work as an NDIS sole trader or State sole trader, other than as allowed under division 2 .\n- (i) the clearance has been cancelled; and\n- (ii) under section 128 , the person must return the person’s clearance card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and\n- (iii) it is an offence for the person to be engaged in carrying out disability work, or to carry out disability work as an NDIS sole trader or State sole trader, other than as allowed under division 2 .","sortOrder":159},{"sectionNumber":"sec.127","sectionType":"section","heading":"Notifiable persons and potential employers notified about cancellation","content":"### sec.127 Notifiable persons and potential employers notified about cancellation\n\nIf the chief executive cancels a person’s clearance under section 126 , the chief executive must give a notice to each notifiable person for the person that states—\nthe person’s clearance has been cancelled on the person’s request; and\nit is an offence for an NDIS service provider or funded service provider to engage, or continue to engage, the person in disability work other than as allowed under division 2 .\nSee section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.\nAlso, the chief executive may give a potential employer for the person a notice mentioned in subsection (1) .\ns 127 prev s 127 om 2014 No. 12 s 59\npres s 127 ins 2010 No. 5 s 141\nsub 2020 No. 39 s 11\n(sec.127-ssec.1) If the chief executive cancels a person’s clearance under section 126 , the chief executive must give a notice to each notifiable person for the person that states— the person’s clearance has been cancelled on the person’s request; and it is an offence for an NDIS service provider or funded service provider to engage, or continue to engage, the person in disability work other than as allowed under division 2 . See section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.\n(sec.127-ssec.2) Also, the chief executive may give a potential employer for the person a notice mentioned in subsection (1) .\n- (a) the person’s clearance has been cancelled on the person’s request; and\n- (b) it is an offence for an NDIS service provider or funded service provider to engage, or continue to engage, the person in disability work other than as allowed under division 2 .","sortOrder":160},{"sectionNumber":"sec.128","sectionType":"section","heading":"Requirement to return suspended or cancelled card","content":"### sec.128 Requirement to return suspended or cancelled card\n\nThis section applies to a person if the chief executive gives the person a notice that states the person’s clearance is suspended or cancelled.\nThe person must return the person’s clearance card for the clearance to the chief executive immediately after the notice is given, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 128 prev s 128 om 2014 No. 12 s 59\npres s 128 ins 2010 No. 5 s 141\namd 2016 No. 5 s 923 sch 4\nsub 2020 No. 39 s 11\n(sec.128-ssec.1) This section applies to a person if the chief executive gives the person a notice that states the person’s clearance is suspended or cancelled.\n(sec.128-ssec.2) The person must return the person’s clearance card for the clearance to the chief executive immediately after the notice is given, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":161},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Cancellation of exclusion","content":"## Cancellation of exclusion","sortOrder":162},{"sectionNumber":"sec.129","sectionType":"section","heading":"Application of div 4 , sdiv 3 to conducting risk assessment","content":"### sec.129 Application of div 4 , sdiv 3 to conducting risk assessment\n\nThe chief executive must conduct a risk assessment of a person before the chief executive makes a decision under this division about whether the person poses an unacceptable risk of harm to people with disability.\nDivision 4 , subdivision 3 applies for conducting the risk assessment with necessary changes.\nWithout limiting subsection (2) , section 95 applies if, under this division, the chief executive is proposing to decide that the person poses an unacceptable risk of harm to people with disability.\nSection 95 requires the chief executive to give a person a show cause notice, and invite the person to make submissions, before the chief executive decides the person poses an unacceptable risk of harm to people with disability.\ns 129 prev s 129 om 2014 No. 12 s 59\npres s 129 ins 2010 No. 5 s 141\namd 2016 No. 5 s 923 sch 4\nsub 2020 No. 39 s 11\n(sec.129-ssec.1) The chief executive must conduct a risk assessment of a person before the chief executive makes a decision under this division about whether the person poses an unacceptable risk of harm to people with disability.\n(sec.129-ssec.2) Division 4 , subdivision 3 applies for conducting the risk assessment with necessary changes.\n(sec.129-ssec.3) Without limiting subsection (2) , section 95 applies if, under this division, the chief executive is proposing to decide that the person poses an unacceptable risk of harm to people with disability. Section 95 requires the chief executive to give a person a show cause notice, and invite the person to make submissions, before the chief executive decides the person poses an unacceptable risk of harm to people with disability.","sortOrder":163},{"sectionNumber":"sec.130","sectionType":"section","heading":"Application to cancel exclusion","content":"### sec.130 Application to cancel exclusion\n\nA person who holds an exclusion, other than a disqualified person, may apply to the chief executive to cancel the exclusion if—\nthe application is made more than 5 years after—\nthe exclusion was issued; and\nif the person has previously applied to cancel the exclusion under this section—the most recent previous application was decided; or\na court decides an appeal, under section 138K , and sets aside a decision that information is investigative information about the person; or\nthere has been a significant or exceptional change in the person’s circumstances since the exclusion was issued.\na person’s conviction for an offence is quashed\nIf the exclusion was issued because the person is a disqualified person, the person may apply to the chief executive to cancel the exclusion if the person is no longer a disqualified person.\ns 130 prev s 130 om 2014 No. 12 s 59\npres s 130 amd 2010 No. 5 s 142\nsub 2020 No. 39 s 11\n(sec.130-ssec.1) A person who holds an exclusion, other than a disqualified person, may apply to the chief executive to cancel the exclusion if— the application is made more than 5 years after— the exclusion was issued; and if the person has previously applied to cancel the exclusion under this section—the most recent previous application was decided; or a court decides an appeal, under section 138K , and sets aside a decision that information is investigative information about the person; or there has been a significant or exceptional change in the person’s circumstances since the exclusion was issued. a person’s conviction for an offence is quashed\n(sec.130-ssec.2) If the exclusion was issued because the person is a disqualified person, the person may apply to the chief executive to cancel the exclusion if the person is no longer a disqualified person.\n- (a) the application is made more than 5 years after— (i) the exclusion was issued; and (ii) if the person has previously applied to cancel the exclusion under this section—the most recent previous application was decided; or\n- (i) the exclusion was issued; and\n- (ii) if the person has previously applied to cancel the exclusion under this section—the most recent previous application was decided; or\n- (b) a court decides an appeal, under section 138K , and sets aside a decision that information is investigative information about the person; or\n- (c) there has been a significant or exceptional change in the person’s circumstances since the exclusion was issued. Example of a significant or exceptional change in a person’s circumstances— a person’s conviction for an offence is quashed\n- (i) the exclusion was issued; and\n- (ii) if the person has previously applied to cancel the exclusion under this section—the most recent previous application was decided; or","sortOrder":164},{"sectionNumber":"sec.131","sectionType":"section","heading":"Form of application","content":"### sec.131 Form of application\n\nThe application must be—\nmade in the approved form and in an approved way; and\nsigned by the person; and\naccompanied by the fee prescribed by regulation for the application.\nThe person may state anything in the application that the person considers is relevant to the chief executive’s decision, including, for example, a change in the person’s circumstances since the exclusion was issued.\ns 131 prev s 131 om 2014 No. 12 s 59\npres s 131 amd 2010 No. 5 s 144; 2016 No. 9 s 40; 2018 No. 19 s 29\nsub 2020 No. 39 s 11\n(sec.131-ssec.1) The application must be— made in the approved form and in an approved way; and signed by the person; and accompanied by the fee prescribed by regulation for the application.\n(sec.131-ssec.2) The person may state anything in the application that the person considers is relevant to the chief executive’s decision, including, for example, a change in the person’s circumstances since the exclusion was issued.\n- (a) made in the approved form and in an approved way; and\n- (b) signed by the person; and\n- (c) accompanied by the fee prescribed by regulation for the application.","sortOrder":165},{"sectionNumber":"sec.132","sectionType":"section","heading":"Cancellation on application","content":"### sec.132 Cancellation on application\n\nThis section applies if a person made an application under section 130 .\nThe chief executive may cancel the person’s exclusion if the chief executive is satisfied the person does not pose an unacceptable risk of harm to people with disability.\nSee section 129 in relation to making a decision under this section.\ns 132 prev s 132 om 2014 No. 12 s 59\npres s 132 amd 2010 No. 5 s 145; 2014 No. 28 s 105 sch 1; 2016 No. 9 s 41; 2018 No. 19 s 30 ; 2019 No. 19 ss 17H , 81 sch 1 ; 2019 No. 18 s 86 (2) sch 2\nsub 2020 No. 39 s 11\n(sec.132-ssec.1) This section applies if a person made an application under section 130 .\n(sec.132-ssec.2) The chief executive may cancel the person’s exclusion if the chief executive is satisfied the person does not pose an unacceptable risk of harm to people with disability. See section 129 in relation to making a decision under this section.","sortOrder":166},{"sectionNumber":"sec.133","sectionType":"section","heading":"Other cancellation of exclusion","content":"### sec.133 Other cancellation of exclusion\n\nThe chief executive may act under this section whether or not a person made an application under section 130 .\nThe chief executive may cancel the person’s exclusion if the chief executive is satisfied the person does not pose an unacceptable risk of harm to people with disability and any of the following apply—\nthe exclusion was issued because the person was a disqualified person and the person is no longer a disqualified person;\nthe chief executive is satisfied the decision to issue the exclusion was based on wrong or incomplete information;\nthe chief executive becomes aware of information ( further information ) that—\nwas not known to the chief executive when the decision to issue the exclusion was made; and\nin the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability.\nA risk assessment of the person conducted before the chief executive makes a decision for a reason mentioned in subsection (2) (b) or (c) must include consideration of the correct and complete information or the further information.\nSee section 129 in relation to making a decision under this section.\ns 133 prev s 133 om 2014 No. 12 s 59\npres s 133 amd 2010 No. 5 s 146; 2016 No. 9 s 42; 2018 No. 19 s 31\nsub 2020 No. 39 s 11\n(sec.133-ssec.1) The chief executive may act under this section whether or not a person made an application under section 130 .\n(sec.133-ssec.2) The chief executive may cancel the person’s exclusion if the chief executive is satisfied the person does not pose an unacceptable risk of harm to people with disability and any of the following apply— the exclusion was issued because the person was a disqualified person and the person is no longer a disqualified person; the chief executive is satisfied the decision to issue the exclusion was based on wrong or incomplete information; the chief executive becomes aware of information ( further information ) that— was not known to the chief executive when the decision to issue the exclusion was made; and in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability.\n(sec.133-ssec.3) A risk assessment of the person conducted before the chief executive makes a decision for a reason mentioned in subsection (2) (b) or (c) must include consideration of the correct and complete information or the further information. See section 129 in relation to making a decision under this section.\n- (a) the exclusion was issued because the person was a disqualified person and the person is no longer a disqualified person;\n- (b) the chief executive is satisfied the decision to issue the exclusion was based on wrong or incomplete information;\n- (c) the chief executive becomes aware of information ( further information ) that— (i) was not known to the chief executive when the decision to issue the exclusion was made; and (ii) in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability.\n- (i) was not known to the chief executive when the decision to issue the exclusion was made; and\n- (ii) in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability.\n- (i) was not known to the chief executive when the decision to issue the exclusion was made; and\n- (ii) in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability.","sortOrder":167},{"sectionNumber":"sec.134","sectionType":"section","heading":"Action after decision to cancel exclusion","content":"### sec.134 Action after decision to cancel exclusion\n\nIf the chief executive decides to cancel a person’s exclusion under this division, the chief executive must—\ncancel the exclusion; and\ngive the person a notice about the cancellation.\nThe chief executive may decide a disability worker screening application made by the person after the exclusion is cancelled without conducting a risk assessment of the person unless the chief executive is aware of information that—\nwas not known to the chief executive when the decision to cancel the exclusion was made; and\nis relevant to whether the person poses a risk of harm to people with disability.\ns 134 prev s 134 om 2014 No. 12 s 59\npres s 134 sub 2020 No. 39 s 11\n(sec.134-ssec.1) If the chief executive decides to cancel a person’s exclusion under this division, the chief executive must— cancel the exclusion; and give the person a notice about the cancellation.\n(sec.134-ssec.2) The chief executive may decide a disability worker screening application made by the person after the exclusion is cancelled without conducting a risk assessment of the person unless the chief executive is aware of information that— was not known to the chief executive when the decision to cancel the exclusion was made; and is relevant to whether the person poses a risk of harm to people with disability.\n- (a) cancel the exclusion; and\n- (b) give the person a notice about the cancellation.\n- (a) was not known to the chief executive when the decision to cancel the exclusion was made; and\n- (b) is relevant to whether the person poses a risk of harm to people with disability.","sortOrder":168},{"sectionNumber":"sec.135","sectionType":"section","heading":"Notice of decision to refuse application","content":"### sec.135 Notice of decision to refuse application\n\nThis section applies if—\na person made an application under section 130 ; and\nthe chief executive decided to refuse the application.\nThe chief executive must give the person a notice that states—\nthe application has been refused and the person’s exclusion continues in force; and\nthe reasons for the chief executive’s decision to refuse the application; and\nthe relevant review and appeal information.\ns 135 prev s 135 om 2014 No. 12 s 59\npres s 135 sub 2020 No. 39 s 11\n(sec.135-ssec.1) This section applies if— a person made an application under section 130 ; and the chief executive decided to refuse the application.\n(sec.135-ssec.2) The chief executive must give the person a notice that states— the application has been refused and the person’s exclusion continues in force; and the reasons for the chief executive’s decision to refuse the application; and the relevant review and appeal information.\n- (a) a person made an application under section 130 ; and\n- (b) the chief executive decided to refuse the application.\n- (a) the application has been refused and the person’s exclusion continues in force; and\n- (b) the reasons for the chief executive’s decision to refuse the application; and\n- (c) the relevant review and appeal information.","sortOrder":169},{"sectionNumber":"pt.5-div.8","sectionType":"division","heading":"Provisions about obtaining, giving and dealing with information","content":"## Provisions about obtaining, giving and dealing with information","sortOrder":170},{"sectionNumber":"sec.136","sectionType":"section","heading":"Meaning of relevant person","content":"### sec.136 Meaning of relevant person\n\nFor this division, each of the following persons is a relevant person —\na person who holds a clearance;\na person who has made a disability worker screening application that has not been decided or withdrawn;\na person to whom all of the following apply—\nthe person has purported to make a disability worker screening application;\nthe application has not been properly made, including, for example, because the application was not accompanied by the fee prescribed by regulation for the application;\nthe application, as made, contains sufficient information for the chief executive to establish the person’s identity with certainty;\na person who has made an application under section 130 to cancel the person’s exclusion and the application has not been decided or withdrawn;\na person who holds an exclusion if—\nthere is an undecided appeal, review or application under section 138J (2) , 138L (2) , 138ZV or 138ZW relating to the exclusion; or\nthere is an undecided appeal against a decision on an appeal or review under section 138J (2) or 138ZW relating to the exclusion.\nAlso, a person is a relevant person for this division if the chief executive is aware that—\nthe person holds an interstate NDIS clearance; or\nthe person has made an application under a corresponding law that corresponds to an NDIS worker screening application and an NDIS worker screening unit has asked the chief executive for information about the person in relation to deciding the application.\nIn this section—\nundecided , in relation to an appeal, review or application, means the appeal, review or application has been started or made but not decided.\ns 136 prev s 136 om 2014 No. 12 s 59\npres s 136 sub 2020 No. 39 s 11\n(sec.136-ssec.1) For this division, each of the following persons is a relevant person — a person who holds a clearance; a person who has made a disability worker screening application that has not been decided or withdrawn; a person to whom all of the following apply— the person has purported to make a disability worker screening application; the application has not been properly made, including, for example, because the application was not accompanied by the fee prescribed by regulation for the application; the application, as made, contains sufficient information for the chief executive to establish the person’s identity with certainty; a person who has made an application under section 130 to cancel the person’s exclusion and the application has not been decided or withdrawn; a person who holds an exclusion if— there is an undecided appeal, review or application under section 138J (2) , 138L (2) , 138ZV or 138ZW relating to the exclusion; or there is an undecided appeal against a decision on an appeal or review under section 138J (2) or 138ZW relating to the exclusion.\n(sec.136-ssec.2) Also, a person is a relevant person for this division if the chief executive is aware that— the person holds an interstate NDIS clearance; or the person has made an application under a corresponding law that corresponds to an NDIS worker screening application and an NDIS worker screening unit has asked the chief executive for information about the person in relation to deciding the application.\n(sec.136-ssec.3) In this section— undecided , in relation to an appeal, review or application, means the appeal, review or application has been started or made but not decided.\n- (a) a person who holds a clearance;\n- (b) a person who has made a disability worker screening application that has not been decided or withdrawn;\n- (c) a person to whom all of the following apply— (i) the person has purported to make a disability worker screening application; (ii) the application has not been properly made, including, for example, because the application was not accompanied by the fee prescribed by regulation for the application; (iii) the application, as made, contains sufficient information for the chief executive to establish the person’s identity with certainty;\n- (i) the person has purported to make a disability worker screening application;\n- (ii) the application has not been properly made, including, for example, because the application was not accompanied by the fee prescribed by regulation for the application;\n- (iii) the application, as made, contains sufficient information for the chief executive to establish the person’s identity with certainty;\n- (d) a person who has made an application under section 130 to cancel the person’s exclusion and the application has not been decided or withdrawn;\n- (e) a person who holds an exclusion if— (i) there is an undecided appeal, review or application under section 138J (2) , 138L (2) , 138ZV or 138ZW relating to the exclusion; or (ii) there is an undecided appeal against a decision on an appeal or review under section 138J (2) or 138ZW relating to the exclusion.\n- (i) there is an undecided appeal, review or application under section 138J (2) , 138L (2) , 138ZV or 138ZW relating to the exclusion; or\n- (ii) there is an undecided appeal against a decision on an appeal or review under section 138J (2) or 138ZW relating to the exclusion.\n- (i) the person has purported to make a disability worker screening application;\n- (ii) the application has not been properly made, including, for example, because the application was not accompanied by the fee prescribed by regulation for the application;\n- (iii) the application, as made, contains sufficient information for the chief executive to establish the person’s identity with certainty;\n- (i) there is an undecided appeal, review or application under section 138J (2) , 138L (2) , 138ZV or 138ZW relating to the exclusion; or\n- (ii) there is an undecided appeal against a decision on an appeal or review under section 138J (2) or 138ZW relating to the exclusion.\n- (a) the person holds an interstate NDIS clearance; or\n- (b) the person has made an application under a corresponding law that corresponds to an NDIS worker screening application and an NDIS worker screening unit has asked the chief executive for information about the person in relation to deciding the application.","sortOrder":171},{"sectionNumber":"sec.137","sectionType":"section","heading":"Chief executive may disclose information about relevant persons","content":"### sec.137 Chief executive may disclose information about relevant persons\n\nThis section applies if the chief executive may ask an entity for information about a relevant person under this division.\nThe chief executive may include information that is reasonably necessary to identify the relevant person in the request.\nThe chief executive may also give information about the identity of a relevant person to an entity that is authorised, under this division or another law, to give information about relevant persons to the chief executive—\nto advise the entity whether or not a particular person is a relevant person; or\nfrom time to time to advise the entity about the persons who are relevant persons at a particular time.\ns 137 prev s 137 om 2014 No. 12 s 59\npres s 137 amd 2010 No. 5 s 147\nsub 2020 No. 39 s 11\n(sec.137-ssec.1) This section applies if the chief executive may ask an entity for information about a relevant person under this division.\n(sec.137-ssec.2) The chief executive may include information that is reasonably necessary to identify the relevant person in the request.\n(sec.137-ssec.3) The chief executive may also give information about the identity of a relevant person to an entity that is authorised, under this division or another law, to give information about relevant persons to the chief executive— to advise the entity whether or not a particular person is a relevant person; or from time to time to advise the entity about the persons who are relevant persons at a particular time.\n- (a) to advise the entity whether or not a particular person is a relevant person; or\n- (b) from time to time to advise the entity about the persons who are relevant persons at a particular time.","sortOrder":172},{"sectionNumber":"sec.138","sectionType":"section","heading":"Information that need not be given","content":"### sec.138 Information that need not be given\n\nThis section applies if, under another provision of this division, an entity is required to give information to the chief executive and the entity reasonably believes that giving the information may do any of the following—\nprejudice the investigation of a contravention or possible contravention of the law in a particular case;\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\nprejudice a matter before a court, including, for example—\na matter or an investigation before the Mental Health Court; and\na prosecution;\nprejudice a matter before the Mental Health Review Tribunal;\nendanger a person’s life or physical safety;\nadversely affect a person’s mental health.\nDespite the other provision, the entity is not required to—\ngive the information to the chief executive; or\ndisclose the existence of the information to the chief executive.\ns 138 prev s 138 om 2014 No. 12 s 59\npres s 138 amd 2010 No. 5 s 148; 2016 No. 9 s 43; 2018 No. 19 s 32\nsub 2020 No. 39 s 11\n(sec.138-ssec.1) This section applies if, under another provision of this division, an entity is required to give information to the chief executive and the entity reasonably believes that giving the information may do any of the following— prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a matter before a court, including, for example— a matter or an investigation before the Mental Health Court; and a prosecution; prejudice a matter before the Mental Health Review Tribunal; endanger a person’s life or physical safety; adversely affect a person’s mental health.\n(sec.138-ssec.2) Despite the other provision, the entity is not required to— give the information to the chief executive; or disclose the existence of the information to the chief executive.\n- (a) prejudice the investigation of a contravention or possible contravention of the law in a particular case;\n- (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\n- (c) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\n- (d) prejudice a matter before a court, including, for example— (i) a matter or an investigation before the Mental Health Court; and (ii) a prosecution;\n- (i) a matter or an investigation before the Mental Health Court; and\n- (ii) a prosecution;\n- (e) prejudice a matter before the Mental Health Review Tribunal;\n- (f) endanger a person’s life or physical safety;\n- (g) adversely affect a person’s mental health.\n- (i) a matter or an investigation before the Mental Health Court; and\n- (ii) a prosecution;\n- (a) give the information to the chief executive; or\n- (b) disclose the existence of the information to the chief executive.","sortOrder":173},{"sectionNumber":"sec.138A","sectionType":"section","heading":"Provision about police commissioner’s obligation to provide information","content":"### sec.138A Provision about police commissioner’s obligation to provide information\n\nA requirement under this subdivision for the police commissioner to give the chief executive information about a relevant person applies—\nonly to information in the commissioner’s possession or to which the commissioner has access; and\ndespite the Youth Justice Act 1992 , part 9 .\ns 138A ins 2020 No. 39 s 11\n- (a) only to information in the commissioner’s possession or to which the commissioner has access; and\n- (b) despite the Youth Justice Act 1992 , part 9 .","sortOrder":174},{"sectionNumber":"sec.138B","sectionType":"section","heading":"Meaning of criminal history event","content":"### sec.138B Meaning of criminal history event\n\nAny of the following events that happen in relation to a person is a criminal history event —\nthe person acquires a criminal history;\nthe person’s criminal history changes;\nthe police commissioner decides, under section 138I , that information about the person is investigative information;\nthe person becomes subject to—\noffender reporting obligations; or\nan offender prohibition order; or\nan offender prohibition disqualification order;\nthe person is named as the respondent for an application for an offender prohibition order;\nthe person is the subject of an application for an offender prohibition disqualification order.\nFor subsection (1) (c) , it does not matter when the conduct related to the investigative information happened or is alleged to have happened.\ns 138B ins 2020 No. 39 s 11\n(sec.138B-ssec.1) Any of the following events that happen in relation to a person is a criminal history event — the person acquires a criminal history; the person’s criminal history changes; the police commissioner decides, under section 138I , that information about the person is investigative information; the person becomes subject to— offender reporting obligations; or an offender prohibition order; or an offender prohibition disqualification order; the person is named as the respondent for an application for an offender prohibition order; the person is the subject of an application for an offender prohibition disqualification order.\n(sec.138B-ssec.2) For subsection (1) (c) , it does not matter when the conduct related to the investigative information happened or is alleged to have happened.\n- (a) the person acquires a criminal history;\n- (b) the person’s criminal history changes;\n- (c) the police commissioner decides, under section 138I , that information about the person is investigative information;\n- (d) the person becomes subject to— (i) offender reporting obligations; or (ii) an offender prohibition order; or (iii) an offender prohibition disqualification order;\n- (i) offender reporting obligations; or\n- (ii) an offender prohibition order; or\n- (iii) an offender prohibition disqualification order;\n- (e) the person is named as the respondent for an application for an offender prohibition order;\n- (f) the person is the subject of an application for an offender prohibition disqualification order.\n- (i) offender reporting obligations; or\n- (ii) an offender prohibition order; or\n- (iii) an offender prohibition disqualification order;","sortOrder":175},{"sectionNumber":"sec.138C","sectionType":"section","heading":"Chief executive’s request for police information about relevant person","content":"### sec.138C Chief executive’s request for police information about relevant person\n\nThe chief executive may ask the police commissioner for police information about a relevant person.\nThe police commissioner must comply with a request under subsection (1) by—\ngiving the chief executive the police information that exists about the relevant person; or\ntelling the chief executive there is no police information about the relevant person.\nIf there is police information about the relevant person, the chief executive may ask the police commissioner for—\na brief description of the circumstances of a conviction, charge or investigative information mentioned in the police information; and\na section 93A transcript or a transcript of a recorded statement relating to an offence mentioned in the police information; and\nthe information mentioned in section 138F (1) about an offender prohibition order or offender prohibition disqualification order mentioned in the police information; and\nthe information mentioned in section 138F (2) about an application for an offender prohibition order or offender prohibition disqualification order mentioned in the police information if the order is not, or was not, made.\nThe police commissioner must comply with a request under subsection (3) .\nIf the chief executive no longer needs the information requested—\nthe chief executive must tell the police commissioner the information is no longer needed; and\nthe police commissioner’s obligation to comply with the chief executive’s request ends.\ns 138C ins 2020 No. 39 s 11\namd 2022 No. 12 s 25\n(sec.138C-ssec.1) The chief executive may ask the police commissioner for police information about a relevant person.\n(sec.138C-ssec.2) The police commissioner must comply with a request under subsection (1) by— giving the chief executive the police information that exists about the relevant person; or telling the chief executive there is no police information about the relevant person.\n(sec.138C-ssec.3) If there is police information about the relevant person, the chief executive may ask the police commissioner for— a brief description of the circumstances of a conviction, charge or investigative information mentioned in the police information; and a section 93A transcript or a transcript of a recorded statement relating to an offence mentioned in the police information; and the information mentioned in section 138F (1) about an offender prohibition order or offender prohibition disqualification order mentioned in the police information; and the information mentioned in section 138F (2) about an application for an offender prohibition order or offender prohibition disqualification order mentioned in the police information if the order is not, or was not, made.\n(sec.138C-ssec.4) The police commissioner must comply with a request under subsection (3) .\n(sec.138C-ssec.5) If the chief executive no longer needs the information requested— the chief executive must tell the police commissioner the information is no longer needed; and the police commissioner’s obligation to comply with the chief executive’s request ends.\n- (a) giving the chief executive the police information that exists about the relevant person; or\n- (b) telling the chief executive there is no police information about the relevant person.\n- (a) a brief description of the circumstances of a conviction, charge or investigative information mentioned in the police information; and\n- (b) a section 93A transcript or a transcript of a recorded statement relating to an offence mentioned in the police information; and\n- (c) the information mentioned in section 138F (1) about an offender prohibition order or offender prohibition disqualification order mentioned in the police information; and\n- (d) the information mentioned in section 138F (2) about an application for an offender prohibition order or offender prohibition disqualification order mentioned in the police information if the order is not, or was not, made.\n- (a) the chief executive must tell the police commissioner the information is no longer needed; and\n- (b) the police commissioner’s obligation to comply with the chief executive’s request ends.","sortOrder":176},{"sectionNumber":"sec.138D","sectionType":"section","heading":"Chief executive’s request for domestic violence information about relevant person","content":"### sec.138D Chief executive’s request for domestic violence information about relevant person\n\nThis section applies if the chief executive reasonably believes a domestic violence order may have been made, or a police protection direction or police protection notice may have been issued, against a relevant person.\nThe chief executive may ask the police commissioner for domestic violence information about the relevant person.\nThe police commissioner must comply with a request under subsection (2) by—\ngiving the chief executive the domestic violence information that exists about the relevant person; or\ntelling the chief executive there is no domestic violence information about the relevant person.\nIf there is domestic violence information about the person, the chief executive may ask the police commissioner for a brief description of the circumstances of a domestic violence order, police protection direction or police protection notice mentioned in the domestic violence information.\nThe police commissioner must comply with a request under subsection (4) .\nIf the chief executive no longer needs the information requested—\nthe chief executive must tell the police commissioner the information is no longer needed; and\nthe police commissioner’s obligation to comply with the chief executive’s request ends.\ns 138D ins 2020 No. 39 s 11\namd 2022 No. 7 s 73 ; 2025 No. 18 s 83 sch 1\n(sec.138D-ssec.1) This section applies if the chief executive reasonably believes a domestic violence order may have been made, or a police protection direction or police protection notice may have been issued, against a relevant person.\n(sec.138D-ssec.2) The chief executive may ask the police commissioner for domestic violence information about the relevant person.\n(sec.138D-ssec.3) The police commissioner must comply with a request under subsection (2) by— giving the chief executive the domestic violence information that exists about the relevant person; or telling the chief executive there is no domestic violence information about the relevant person.\n(sec.138D-ssec.4) If there is domestic violence information about the person, the chief executive may ask the police commissioner for a brief description of the circumstances of a domestic violence order, police protection direction or police protection notice mentioned in the domestic violence information.\n(sec.138D-ssec.5) The police commissioner must comply with a request under subsection (4) .\n(sec.138D-ssec.6) If the chief executive no longer needs the information requested— the chief executive must tell the police commissioner the information is no longer needed; and the police commissioner’s obligation to comply with the chief executive’s request ends.\n- (a) giving the chief executive the domestic violence information that exists about the relevant person; or\n- (b) telling the chief executive there is no domestic violence information about the relevant person.\n- (a) the chief executive must tell the police commissioner the information is no longer needed; and\n- (b) the police commissioner’s obligation to comply with the chief executive’s request ends.","sortOrder":177},{"sectionNumber":"sec.138E","sectionType":"section","heading":"Police commissioner must notify change in police information","content":"### sec.138E Police commissioner must notify change in police information\n\nThis section applies if—\nthe police commissioner reasonably suspects a person is a relevant person; and\na criminal history event happens in relation to the person.\nThe police commissioner must give the chief executive a notice about the criminal history event.\nThe notice must state the following information, to the extent the information relates to the criminal history event—\nthe particulars of an offence the relevant person was charged with or convicted of, including the day the person was charged or convicted;\na brief description of information that the police commissioner has decided is investigative information about the relevant person;\nthe information mentioned in section 138F (1) about an offender prohibition order or offender prohibition disqualification order to which the relevant person is, has been or becomes subject;\nthe information mentioned in section 138F (2) about an application for an offender prohibition order or offender prohibition disqualification order if the order is not, or was not, made.\ns 138E ins 2020 No. 39 s 11\n(sec.138E-ssec.1) This section applies if— the police commissioner reasonably suspects a person is a relevant person; and a criminal history event happens in relation to the person.\n(sec.138E-ssec.2) The police commissioner must give the chief executive a notice about the criminal history event.\n(sec.138E-ssec.3) The notice must state the following information, to the extent the information relates to the criminal history event— the particulars of an offence the relevant person was charged with or convicted of, including the day the person was charged or convicted; a brief description of information that the police commissioner has decided is investigative information about the relevant person; the information mentioned in section 138F (1) about an offender prohibition order or offender prohibition disqualification order to which the relevant person is, has been or becomes subject; the information mentioned in section 138F (2) about an application for an offender prohibition order or offender prohibition disqualification order if the order is not, or was not, made.\n- (a) the police commissioner reasonably suspects a person is a relevant person; and\n- (b) a criminal history event happens in relation to the person.\n- (a) the particulars of an offence the relevant person was charged with or convicted of, including the day the person was charged or convicted;\n- (b) a brief description of information that the police commissioner has decided is investigative information about the relevant person;\n- (c) the information mentioned in section 138F (1) about an offender prohibition order or offender prohibition disqualification order to which the relevant person is, has been or becomes subject;\n- (d) the information mentioned in section 138F (2) about an application for an offender prohibition order or offender prohibition disqualification order if the order is not, or was not, made.","sortOrder":178},{"sectionNumber":"sec.138F","sectionType":"section","heading":"Particular information to be given about orders and applications for orders refused","content":"### sec.138F Particular information to be given about orders and applications for orders refused\n\nFor section 138C (3) (c) or 138E (3) (c) , the information about an offender prohibition order or offender prohibition disqualification order is—\ndetails of the order, including its duration; and\nfor an offender prohibition order—\na brief description of the conduct that gave rise to the order; and\nwhether the order is or was a temporary order or final order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 .\nFor section 138C (3) (d) or 138E (3) (d) , the information about an application for an offender prohibition order or offender prohibition disqualification order, if the order is not or was not made, is—\nthe reasons the application was made; and\nthe reasons the order was not made; and\nif the application was for an offender prohibition order—the reasons given by the magistrate or court hearing the application for deciding not to make the order.\ns 138F ins 2020 No. 39 s 11\n(sec.138F-ssec.1) For section 138C (3) (c) or 138E (3) (c) , the information about an offender prohibition order or offender prohibition disqualification order is— details of the order, including its duration; and for an offender prohibition order— a brief description of the conduct that gave rise to the order; and whether the order is or was a temporary order or final order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 .\n(sec.138F-ssec.2) For section 138C (3) (d) or 138E (3) (d) , the information about an application for an offender prohibition order or offender prohibition disqualification order, if the order is not or was not made, is— the reasons the application was made; and the reasons the order was not made; and if the application was for an offender prohibition order—the reasons given by the magistrate or court hearing the application for deciding not to make the order.\n- (a) details of the order, including its duration; and\n- (b) for an offender prohibition order— (i) a brief description of the conduct that gave rise to the order; and (ii) whether the order is or was a temporary order or final order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 .\n- (i) a brief description of the conduct that gave rise to the order; and\n- (ii) whether the order is or was a temporary order or final order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 .\n- (i) a brief description of the conduct that gave rise to the order; and\n- (ii) whether the order is or was a temporary order or final order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 .\n- (a) the reasons the application was made; and\n- (b) the reasons the order was not made; and\n- (c) if the application was for an offender prohibition order—the reasons given by the magistrate or court hearing the application for deciding not to make the order.","sortOrder":179},{"sectionNumber":"sec.138G","sectionType":"section","heading":"Person to be notified if investigative information given","content":"### sec.138G Person to be notified if investigative information given\n\nThis section applies if the police commissioner gives investigative information about a relevant person to the chief executive under section 138C or 138E .\nThe police commissioner must give the relevant person a notice that states—\nthe police commissioner has decided that information about the person is investigative information; and\nthe investigative information has been given to the chief executive.\ns 138G ins 2020 No. 39 s 11\n(sec.138G-ssec.1) This section applies if the police commissioner gives investigative information about a relevant person to the chief executive under section 138C or 138E .\n(sec.138G-ssec.2) The police commissioner must give the relevant person a notice that states— the police commissioner has decided that information about the person is investigative information; and the investigative information has been given to the chief executive.\n- (a) the police commissioner has decided that information about the person is investigative information; and\n- (b) the investigative information has been given to the chief executive.","sortOrder":180},{"sectionNumber":"sec.138H","sectionType":"section","heading":"Use of information given to police commissioner","content":"### sec.138H Use of information given to police commissioner\n\nInformation given to the police commissioner under this division—\nmust not be accessed or disclosed for any purpose other than—\na purpose under this part; or\na purpose relevant to law enforcement; and\nmust not be used for any purpose other than for a purpose under this part.\nHowever, subsection (1) does not apply to information obtained by the police commissioner before the chief executive gave the information to the police commissioner under this division.\ns 138H ins 2020 No. 39 s 11\n(sec.138H-ssec.1) Information given to the police commissioner under this division— must not be accessed or disclosed for any purpose other than— a purpose under this part; or a purpose relevant to law enforcement; and must not be used for any purpose other than for a purpose under this part.\n(sec.138H-ssec.2) However, subsection (1) does not apply to information obtained by the police commissioner before the chief executive gave the information to the police commissioner under this division.\n- (a) must not be accessed or disclosed for any purpose other than— (i) a purpose under this part; or (ii) a purpose relevant to law enforcement; and\n- (i) a purpose under this part; or\n- (ii) a purpose relevant to law enforcement; and\n- (b) must not be used for any purpose other than for a purpose under this part.\n- (i) a purpose under this part; or\n- (ii) a purpose relevant to law enforcement; and","sortOrder":181},{"sectionNumber":"sec.138I","sectionType":"section","heading":"Police commissioner may decide information is investigative information","content":"### sec.138I Police commissioner may decide information is investigative information\n\nThe police commissioner may decide that information related to the conduct of a person (the investigated person ) is investigative information about the investigated person if satisfied—\nthere is or was evidence that, at the time of the investigated person’s conduct, it constituted a schedule 6 or 7 offence (the alleged offence ) committed by the investigated person against another person (the complainant ); and\nthe matters stated in subsection (2) apply in relation to the alleged offence.\nThe matters are—\nthe police investigated the alleged offence; and\nthe investigated person was formally notified about the investigation, including—\nby participating, or being asked to participate, in an interview about the alleged offence; or\nby otherwise being given an opportunity to answer allegations about the alleged offence; and\nthere was sufficient evidence to establish each element of the alleged offence; and\nthe investigated person was not charged because—\nthe complainant died before the charge was brought; or\nthe complainant was unwilling to proceed; or\nan adult, who was the complainant’s parent or guardian, decided the matter should not proceed in the interests of the complainant.\nEvidence of conduct includes information from a third party if the complainant did not make a formal complaint at or about the time of the investigation.\nDespite the Police Service Administration Act 1990 , section 4 .10, the police commissioner may not delegate the police commissioner’s powers under subsection (1) other than to a police officer of at least the rank of superintendent.\ns 138I ins 2020 No. 39 s 11\n(sec.138I-ssec.1) The police commissioner may decide that information related to the conduct of a person (the investigated person ) is investigative information about the investigated person if satisfied— there is or was evidence that, at the time of the investigated person’s conduct, it constituted a schedule 6 or 7 offence (the alleged offence ) committed by the investigated person against another person (the complainant ); and the matters stated in subsection (2) apply in relation to the alleged offence.\n(sec.138I-ssec.2) The matters are— the police investigated the alleged offence; and the investigated person was formally notified about the investigation, including— by participating, or being asked to participate, in an interview about the alleged offence; or by otherwise being given an opportunity to answer allegations about the alleged offence; and there was sufficient evidence to establish each element of the alleged offence; and the investigated person was not charged because— the complainant died before the charge was brought; or the complainant was unwilling to proceed; or an adult, who was the complainant’s parent or guardian, decided the matter should not proceed in the interests of the complainant.\n(sec.138I-ssec.3) Evidence of conduct includes information from a third party if the complainant did not make a formal complaint at or about the time of the investigation.\n(sec.138I-ssec.4) Despite the Police Service Administration Act 1990 , section 4 .10, the police commissioner may not delegate the police commissioner’s powers under subsection (1) other than to a police officer of at least the rank of superintendent.\n- (a) there is or was evidence that, at the time of the investigated person’s conduct, it constituted a schedule 6 or 7 offence (the alleged offence ) committed by the investigated person against another person (the complainant ); and\n- (b) the matters stated in subsection (2) apply in relation to the alleged offence.\n- (a) the police investigated the alleged offence; and\n- (b) the investigated person was formally notified about the investigation, including— (i) by participating, or being asked to participate, in an interview about the alleged offence; or (ii) by otherwise being given an opportunity to answer allegations about the alleged offence; and\n- (i) by participating, or being asked to participate, in an interview about the alleged offence; or\n- (ii) by otherwise being given an opportunity to answer allegations about the alleged offence; and\n- (c) there was sufficient evidence to establish each element of the alleged offence; and\n- (d) the investigated person was not charged because— (i) the complainant died before the charge was brought; or (ii) the complainant was unwilling to proceed; or (iii) an adult, who was the complainant’s parent or guardian, decided the matter should not proceed in the interests of the complainant.\n- (i) the complainant died before the charge was brought; or\n- (ii) the complainant was unwilling to proceed; or\n- (iii) an adult, who was the complainant’s parent or guardian, decided the matter should not proceed in the interests of the complainant.\n- (i) by participating, or being asked to participate, in an interview about the alleged offence; or\n- (ii) by otherwise being given an opportunity to answer allegations about the alleged offence; and\n- (i) the complainant died before the charge was brought; or\n- (ii) the complainant was unwilling to proceed; or\n- (iii) an adult, who was the complainant’s parent or guardian, decided the matter should not proceed in the interests of the complainant.","sortOrder":182},{"sectionNumber":"sec.138J","sectionType":"section","heading":"Appealing investigative information decision","content":"### sec.138J Appealing investigative information decision\n\nThis section applies if—\nthe police commissioner decides that information is investigative information about a person; and\nthe investigative information is given to the chief executive under subdivision 2 ; and\nafter the investigative information is given to the chief executive, the chief executive issues the person an exclusion, including because the chief executive cancels the person’s clearance.\nThe person (the appellant ) may appeal to a Magistrates Court about the decision (the investigative information decision ) that information, given to the chief executive as investigative information about the appellant, is investigative information.\nHowever, an appeal under subsection (2) may only be made within 28 days after the appellant is given notice that the exclusion has been issued.\nThe chief executive and police commissioner must be given a copy of the notice of appeal.\nThe tribunal does not have jurisdiction to review a decision of the police commissioner that—\ninformation is investigative information about a person; or\ninformation that is investigative information about a person may be given to the chief executive.\ns 138J ins 2020 No. 39 s 11\n(sec.138J-ssec.1) This section applies if— the police commissioner decides that information is investigative information about a person; and the investigative information is given to the chief executive under subdivision 2 ; and after the investigative information is given to the chief executive, the chief executive issues the person an exclusion, including because the chief executive cancels the person’s clearance.\n(sec.138J-ssec.2) The person (the appellant ) may appeal to a Magistrates Court about the decision (the investigative information decision ) that information, given to the chief executive as investigative information about the appellant, is investigative information.\n(sec.138J-ssec.3) However, an appeal under subsection (2) may only be made within 28 days after the appellant is given notice that the exclusion has been issued.\n(sec.138J-ssec.4) The chief executive and police commissioner must be given a copy of the notice of appeal.\n(sec.138J-ssec.5) The tribunal does not have jurisdiction to review a decision of the police commissioner that— information is investigative information about a person; or information that is investigative information about a person may be given to the chief executive.\n- (a) the police commissioner decides that information is investigative information about a person; and\n- (b) the investigative information is given to the chief executive under subdivision 2 ; and\n- (c) after the investigative information is given to the chief executive, the chief executive issues the person an exclusion, including because the chief executive cancels the person’s clearance.\n- (a) information is investigative information about a person; or\n- (b) information that is investigative information about a person may be given to the chief executive.","sortOrder":183},{"sectionNumber":"sec.138K","sectionType":"section","heading":"Court to decide matter afresh","content":"### sec.138K Court to decide matter afresh\n\nA Magistrates Court hearing an appeal about an investigative information decision under section 138J must decide afresh whether information given to the chief executive is investigative information about the appellant.\nThe appellant must not ask or call on the complainant for the investigative information to give evidence in person before the court.\nSubsection (2) does not prevent documentary evidence being tendered and received in evidence by the court.\nAfter hearing the appeal, the court may confirm or set aside the investigative information decision.\nFor subsection (4) , the court must consider the matters the police commissioner was required to consider under section 138I when making the investigative information decision.\nThe clerk of the court must give the appellant notice of the court’s decision on the appeal.\nThe notice must state—\nthat, if the chief executive’s decision to issue the appellant an exclusion is a reviewable decision, the appellant may apply for a review of the decision subject to section 138ZT (2) ; and\nhow, and the period within which, the person may apply for the review.\nIn this section—\ncomplainant , for investigative information about the appellant, means the complainant under section 138I for the alleged offence under that section that was committed by the appellant who is the subject of the investigative information.\ns 138K ins 2020 No. 39 s 11\n(sec.138K-ssec.1) A Magistrates Court hearing an appeal about an investigative information decision under section 138J must decide afresh whether information given to the chief executive is investigative information about the appellant.\n(sec.138K-ssec.2) The appellant must not ask or call on the complainant for the investigative information to give evidence in person before the court.\n(sec.138K-ssec.3) Subsection (2) does not prevent documentary evidence being tendered and received in evidence by the court.\n(sec.138K-ssec.4) After hearing the appeal, the court may confirm or set aside the investigative information decision.\n(sec.138K-ssec.5) For subsection (4) , the court must consider the matters the police commissioner was required to consider under section 138I when making the investigative information decision.\n(sec.138K-ssec.6) The clerk of the court must give the appellant notice of the court’s decision on the appeal.\n(sec.138K-ssec.7) The notice must state— that, if the chief executive’s decision to issue the appellant an exclusion is a reviewable decision, the appellant may apply for a review of the decision subject to section 138ZT (2) ; and how, and the period within which, the person may apply for the review.\n(sec.138K-ssec.8) In this section— complainant , for investigative information about the appellant, means the complainant under section 138I for the alleged offence under that section that was committed by the appellant who is the subject of the investigative information.\n- (a) that, if the chief executive’s decision to issue the appellant an exclusion is a reviewable decision, the appellant may apply for a review of the decision subject to section 138ZT (2) ; and\n- (b) how, and the period within which, the person may apply for the review.","sortOrder":184},{"sectionNumber":"sec.138L","sectionType":"section","heading":"Consequence of decision on appeal","content":"### sec.138L Consequence of decision on appeal\n\nThis section applies if a Magistrates Court decides an appeal about an investigative information decision under section 138K .\nIf the court decides to set aside the investigative information decision, the appellant may apply to the chief executive under section 130 (1) (b) to cancel the appellant’s exclusion.\nIf the court confirms the investigative information decision, the appellant may apply under section 138ZT for an internal review of the decision to issue the exclusion to the appellant, subject to section 138ZT (2) .\nAn application mentioned in subsection (3) —\nmust be made within 28 days after the appellant receives the notice under section 138K (6) ; and\nmay be made even if the appellant applied for an internal review of the decision to issue the exclusion to the appellant before the court decided the appeal.\ns 138L ins 2020 No. 39 s 11\n(sec.138L-ssec.1) This section applies if a Magistrates Court decides an appeal about an investigative information decision under section 138K .\n(sec.138L-ssec.2) If the court decides to set aside the investigative information decision, the appellant may apply to the chief executive under section 130 (1) (b) to cancel the appellant’s exclusion.\n(sec.138L-ssec.3) If the court confirms the investigative information decision, the appellant may apply under section 138ZT for an internal review of the decision to issue the exclusion to the appellant, subject to section 138ZT (2) .\n(sec.138L-ssec.4) An application mentioned in subsection (3) — must be made within 28 days after the appellant receives the notice under section 138K (6) ; and may be made even if the appellant applied for an internal review of the decision to issue the exclusion to the appellant before the court decided the appeal.\n- (a) must be made within 28 days after the appellant receives the notice under section 138K (6) ; and\n- (b) may be made even if the appellant applied for an internal review of the decision to issue the exclusion to the appellant before the court decided the appeal.","sortOrder":185},{"sectionNumber":"sec.138M","sectionType":"section","heading":"Obtaining information from director of public prosecutions","content":"### sec.138M Obtaining information from director of public prosecutions\n\nIf the chief executive is aware a relevant person has been charged with or convicted of an offence, the chief executive may, by notice, ask the director of public prosecutions for the following information about the relevant person—\na written statement briefly describing the circumstances of a charge or conviction for the offence;\na copy or written summary of evidentiary material about the offence;\nif a charge for the offence was not proceeded with—a written summary of the reasons the charge was not proceeded with.\nThe director of public prosecutions may comply with the chief executive’s request if the director reasonably believes the information may help the chief executive to perform the chief executive’s screening functions in relation to the person.\nHowever, the director of public prosecutions must not give the chief executive a copy or written summary of evidentiary material about the offence that relates only to a person other than the relevant person.\na report by an expert about a person other than the relevant person\nThe director of public prosecutions is authorised to give information, or a document containing information, under this section despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.\nSee section 138ZLA for restrictions on disclosing or giving access to information or documents obtained under this part.\nWithout limiting subsection (4) , this section applies despite the Director of Public Prosecutions Act 1984 , section 24A .\nIn this section—\nevidentiary material , about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following—\na summary of the circumstances of the alleged offence prepared by a police officer;\nbench charge sheet, QP9\na witness statement;\nan indictment;\na record of an interview or a transcript of a record of an interview, including a section 93A transcript or a transcript of a recorded statement;\na report by an expert about the person alleged to have committed the offence.\ns 138M ins 2020 No. 39 s 11\namd 2022 No. 12 s 26 ; 2024 No. 50 s 18\n(sec.138M-ssec.1) If the chief executive is aware a relevant person has been charged with or convicted of an offence, the chief executive may, by notice, ask the director of public prosecutions for the following information about the relevant person— a written statement briefly describing the circumstances of a charge or conviction for the offence; a copy or written summary of evidentiary material about the offence; if a charge for the offence was not proceeded with—a written summary of the reasons the charge was not proceeded with.\n(sec.138M-ssec.2) The director of public prosecutions may comply with the chief executive’s request if the director reasonably believes the information may help the chief executive to perform the chief executive’s screening functions in relation to the person.\n(sec.138M-ssec.3) However, the director of public prosecutions must not give the chief executive a copy or written summary of evidentiary material about the offence that relates only to a person other than the relevant person. a report by an expert about a person other than the relevant person\n(sec.138M-ssec.4) The director of public prosecutions is authorised to give information, or a document containing information, under this section despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See section 138ZLA for restrictions on disclosing or giving access to information or documents obtained under this part.\n(sec.138M-ssec.5) Without limiting subsection (4) , this section applies despite the Director of Public Prosecutions Act 1984 , section 24A .\n(sec.138M-ssec.6) In this section— evidentiary material , about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following— a summary of the circumstances of the alleged offence prepared by a police officer; bench charge sheet, QP9 a witness statement; an indictment; a record of an interview or a transcript of a record of an interview, including a section 93A transcript or a transcript of a recorded statement; a report by an expert about the person alleged to have committed the offence.\n- (a) a written statement briefly describing the circumstances of a charge or conviction for the offence;\n- (b) a copy or written summary of evidentiary material about the offence;\n- (c) if a charge for the offence was not proceeded with—a written summary of the reasons the charge was not proceeded with.\n- (a) a summary of the circumstances of the alleged offence prepared by a police officer; Examples— bench charge sheet, QP9\n- (b) a witness statement;\n- (c) an indictment;\n- (d) a record of an interview or a transcript of a record of an interview, including a section 93A transcript or a transcript of a recorded statement;\n- (e) a report by an expert about the person alleged to have committed the offence.","sortOrder":186},{"sectionNumber":"sec.138N","sectionType":"section","heading":"Obtaining information from chief executive (corrective services)","content":"### sec.138N Obtaining information from chief executive (corrective services)\n\nThe chief executive (corrective services) must give the chief executive a notice about each person who is subject to a sexual offender order.\nThe notice must state—\nthe person is subject to a sexual offender order; and\nany other information the chief executive (corrective services) reasonably believes may help the chief executive to perform the chief executive’s screening functions.\nThe chief executive (corrective services) is authorised to give information under this section despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.\nSee section 138ZLA for restrictions on disclosing or giving access to information or documents obtained under this part.\nIn this section—\nchief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered.\ns 138N ins 2020 No. 39 s 11\namd 2024 No. 50 s 19\n(sec.138N-ssec.1) The chief executive (corrective services) must give the chief executive a notice about each person who is subject to a sexual offender order.\n(sec.138N-ssec.2) The notice must state— the person is subject to a sexual offender order; and any other information the chief executive (corrective services) reasonably believes may help the chief executive to perform the chief executive’s screening functions.\n(sec.138N-ssec.3) The chief executive (corrective services) is authorised to give information under this section despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See section 138ZLA for restrictions on disclosing or giving access to information or documents obtained under this part.\n(sec.138N-ssec.4) In this section— chief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered.\n- (a) the person is subject to a sexual offender order; and\n- (b) any other information the chief executive (corrective services) reasonably believes may help the chief executive to perform the chief executive’s screening functions.","sortOrder":187},{"sectionNumber":"sec.138O","sectionType":"section","heading":"Meaning of disciplinary information and disciplinary action","content":"### sec.138O Meaning of disciplinary information and disciplinary action\n\nDisciplinary information about a person is information about any disciplinary action taken against the person.\nDisciplinary action , in relation to a person, means—\nfor a person who holds, or has held, a foster carer certificate, kinship carer certificate or provisional certificate under the Child Protection Act 1999 —the person’s certificate was amended, suspended or cancelled under that Act; or\nfor a person who holds, or has held, a provider approval, service approval or supervisor certificate under the Education and Care Services Act 2013 or the Education and Care Services National Law (Queensland) —the person’s approval or certificate was amended, suspended or cancelled under that Act or Law; or\nthe person was given a prohibition notice under—\nthe Education and Care Services Act 2013 ; or\nthe Education and Care Services National Law (Queensland) ; or\nthe repealed Child Care Act 2002 ; or\nfor a person who held a licence to conduct a child care service, including a provisional licence, under the repealed Child Care Act 2002 —the person’s licence was amended, suspended or revoked under that Act; or\nfor a person who is, or has been, a registered teacher or holds, or has held, a permission to teach under the Education (Queensland College of Teachers) Act 2005 —\nthe person’s registration or permission to teach was suspended under that Act; or\nthe person’s registration was cancelled under that Act; or\na practice and conduct body made a decision about practice and conduct proceedings against the teacher under that Act; or\nfor a person who was a registered teacher under the repealed Education (Teacher Registration) Act 1988 —\nthe person’s registration was suspended or cancelled under that Act; or\nthe Board of Teacher Registration under that Act made an order about the person after inquiring into a matter concerning the person’s conduct under that Act.\nIn this section—\namended , in relation to an approval, certificate or licence held by a person, means the approval, certificate or licence was amended other than—\nat the person’s request; or\nwith the person’s agreement; or\nto extend the term of the approval, certificate or licence; or\nin another way that is consistent with, or not contrary to, the person’s interests.\ns 138O ins 2020 No. 39 s 11\n(sec.138O-ssec.1) Disciplinary information about a person is information about any disciplinary action taken against the person.\n(sec.138O-ssec.2) Disciplinary action , in relation to a person, means— for a person who holds, or has held, a foster carer certificate, kinship carer certificate or provisional certificate under the Child Protection Act 1999 —the person’s certificate was amended, suspended or cancelled under that Act; or for a person who holds, or has held, a provider approval, service approval or supervisor certificate under the Education and Care Services Act 2013 or the Education and Care Services National Law (Queensland) —the person’s approval or certificate was amended, suspended or cancelled under that Act or Law; or the person was given a prohibition notice under— the Education and Care Services Act 2013 ; or the Education and Care Services National Law (Queensland) ; or the repealed Child Care Act 2002 ; or for a person who held a licence to conduct a child care service, including a provisional licence, under the repealed Child Care Act 2002 —the person’s licence was amended, suspended or revoked under that Act; or for a person who is, or has been, a registered teacher or holds, or has held, a permission to teach under the Education (Queensland College of Teachers) Act 2005 — the person’s registration or permission to teach was suspended under that Act; or the person’s registration was cancelled under that Act; or a practice and conduct body made a decision about practice and conduct proceedings against the teacher under that Act; or for a person who was a registered teacher under the repealed Education (Teacher Registration) Act 1988 — the person’s registration was suspended or cancelled under that Act; or the Board of Teacher Registration under that Act made an order about the person after inquiring into a matter concerning the person’s conduct under that Act.\n(sec.138O-ssec.3) In this section— amended , in relation to an approval, certificate or licence held by a person, means the approval, certificate or licence was amended other than— at the person’s request; or with the person’s agreement; or to extend the term of the approval, certificate or licence; or in another way that is consistent with, or not contrary to, the person’s interests.\n- (a) for a person who holds, or has held, a foster carer certificate, kinship carer certificate or provisional certificate under the Child Protection Act 1999 —the person’s certificate was amended, suspended or cancelled under that Act; or\n- (b) for a person who holds, or has held, a provider approval, service approval or supervisor certificate under the Education and Care Services Act 2013 or the Education and Care Services National Law (Queensland) —the person’s approval or certificate was amended, suspended or cancelled under that Act or Law; or\n- (c) the person was given a prohibition notice under— (i) the Education and Care Services Act 2013 ; or (ii) the Education and Care Services National Law (Queensland) ; or (iii) the repealed Child Care Act 2002 ; or\n- (i) the Education and Care Services Act 2013 ; or\n- (ii) the Education and Care Services National Law (Queensland) ; or\n- (iii) the repealed Child Care Act 2002 ; or\n- (d) for a person who held a licence to conduct a child care service, including a provisional licence, under the repealed Child Care Act 2002 —the person’s licence was amended, suspended or revoked under that Act; or\n- (e) for a person who is, or has been, a registered teacher or holds, or has held, a permission to teach under the Education (Queensland College of Teachers) Act 2005 — (i) the person’s registration or permission to teach was suspended under that Act; or (ii) the person’s registration was cancelled under that Act; or (iii) a practice and conduct body made a decision about practice and conduct proceedings against the teacher under that Act; or\n- (i) the person’s registration or permission to teach was suspended under that Act; or\n- (ii) the person’s registration was cancelled under that Act; or\n- (iii) a practice and conduct body made a decision about practice and conduct proceedings against the teacher under that Act; or\n- (f) for a person who was a registered teacher under the repealed Education (Teacher Registration) Act 1988 — (i) the person’s registration was suspended or cancelled under that Act; or (ii) the Board of Teacher Registration under that Act made an order about the person after inquiring into a matter concerning the person’s conduct under that Act.\n- (i) the person’s registration was suspended or cancelled under that Act; or\n- (ii) the Board of Teacher Registration under that Act made an order about the person after inquiring into a matter concerning the person’s conduct under that Act.\n- (i) the Education and Care Services Act 2013 ; or\n- (ii) the Education and Care Services National Law (Queensland) ; or\n- (iii) the repealed Child Care Act 2002 ; or\n- (i) the person’s registration or permission to teach was suspended under that Act; or\n- (ii) the person’s registration was cancelled under that Act; or\n- (iii) a practice and conduct body made a decision about practice and conduct proceedings against the teacher under that Act; or\n- (i) the person’s registration was suspended or cancelled under that Act; or\n- (ii) the Board of Teacher Registration under that Act made an order about the person after inquiring into a matter concerning the person’s conduct under that Act.\n- (a) at the person’s request; or\n- (b) with the person’s agreement; or\n- (c) to extend the term of the approval, certificate or licence; or\n- (d) in another way that is consistent with, or not contrary to, the person’s interests.","sortOrder":188},{"sectionNumber":"sec.138P","sectionType":"section","heading":"Request for information about disciplinary action against relevant person","content":"### sec.138P Request for information about disciplinary action against relevant person\n\nThe chief executive may, by notice, ask any of the following entities (each a State entity ) for disciplinary information about a relevant person—\nthe chief executive (child safety) in relation to disciplinary action mentioned in section 138O (2) (a) ;\nthe chief executive (education and care) in relation to disciplinary action mentioned in section 138O (2) (b) , (c) or (d) ;\nthe college of teachers in relation to disciplinary action mentioned in section 138O (2) (e) or (f) .\nIn this section—\nchief executive (education and care) means—\nthe chief executive of the department in which the Education and Care Services Act 2013 is administered; or\nthe children’s services regulator under the Education and Care Services National Law (Queensland) .\ncollege of teachers means the Queensland College of Teachers under the Education (Queensland College of Teachers) Act 2005 .\ns 138P ins 2020 No. 39 s 11\n(sec.138P-ssec.1) The chief executive may, by notice, ask any of the following entities (each a State entity ) for disciplinary information about a relevant person— the chief executive (child safety) in relation to disciplinary action mentioned in section 138O (2) (a) ; the chief executive (education and care) in relation to disciplinary action mentioned in section 138O (2) (b) , (c) or (d) ; the college of teachers in relation to disciplinary action mentioned in section 138O (2) (e) or (f) .\n(sec.138P-ssec.2) In this section— chief executive (education and care) means— the chief executive of the department in which the Education and Care Services Act 2013 is administered; or the children’s services regulator under the Education and Care Services National Law (Queensland) . college of teachers means the Queensland College of Teachers under the Education (Queensland College of Teachers) Act 2005 .\n- (a) the chief executive (child safety) in relation to disciplinary action mentioned in section 138O (2) (a) ;\n- (b) the chief executive (education and care) in relation to disciplinary action mentioned in section 138O (2) (b) , (c) or (d) ;\n- (c) the college of teachers in relation to disciplinary action mentioned in section 138O (2) (e) or (f) .\n- (a) the chief executive of the department in which the Education and Care Services Act 2013 is administered; or\n- (b) the children’s services regulator under the Education and Care Services National Law (Queensland) .","sortOrder":189},{"sectionNumber":"sec.138Q","sectionType":"section","heading":"State entity must comply with request for disciplinary information","content":"### sec.138Q State entity must comply with request for disciplinary information\n\nThis section applies if a State entity is given a request about a relevant person under section 138P .\nThe State entity must give the requested disciplinary information about the relevant person to the chief executive if the State entity reasonably believes the information may help the chief executive to perform the chief executive’s screening functions.\nDisciplinary information given under subsection (2) must include the following information—\nthe disciplinary action taken;\nwhen the conduct that constituted a ground for the disciplinary action happened;\nthe nature of the conduct that constituted a ground for the disciplinary action;\nother information about the disciplinary action the State entity reasonably believes may help the chief executive to perform the chief executive’s screening functions.\nDisciplinary information given under subsection (2) must not include information that identifies, or is likely to identify, a particular child.\ns 138Q ins 2020 No. 39 s 11\n(sec.138Q-ssec.1) This section applies if a State entity is given a request about a relevant person under section 138P .\n(sec.138Q-ssec.2) The State entity must give the requested disciplinary information about the relevant person to the chief executive if the State entity reasonably believes the information may help the chief executive to perform the chief executive’s screening functions.\n(sec.138Q-ssec.3) Disciplinary information given under subsection (2) must include the following information— the disciplinary action taken; when the conduct that constituted a ground for the disciplinary action happened; the nature of the conduct that constituted a ground for the disciplinary action; other information about the disciplinary action the State entity reasonably believes may help the chief executive to perform the chief executive’s screening functions.\n(sec.138Q-ssec.4) Disciplinary information given under subsection (2) must not include information that identifies, or is likely to identify, a particular child.\n- (a) the disciplinary action taken;\n- (b) when the conduct that constituted a ground for the disciplinary action happened;\n- (c) the nature of the conduct that constituted a ground for the disciplinary action;\n- (d) other information about the disciplinary action the State entity reasonably believes may help the chief executive to perform the chief executive’s screening functions.","sortOrder":190},{"sectionNumber":"sec.138R","sectionType":"section","heading":"Request for other information about relevant person from prescribed entities","content":"### sec.138R Request for other information about relevant person from prescribed entities\n\nThis section applies if the chief executive reasonably believes a prescribed entity has information, other than disciplinary information, that is relevant to whether a relevant person poses a risk of harm to people with disability.\nThe chief executive may, by notice, ask the prescribed entity for information about the relevant person.\nThe prescribed entity may give the information about the relevant person to the chief executive if the entity reasonably believes the information may help the chief executive to perform the chief executive’s screening functions.\nThis section applies subject to the Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 .\nIn this section—\nprescribed entity means—\nthe chief executive (child safety); or\nthe chief executive of the department in which the Community Services Act 2007 is administered; or\nthe chief executive of the disability services department; or\nanother entity that—\nis prescribed by regulation for this section; and\nhas entered into an arrangement with the chief executive to give the chief executive information under this section.\ns 138R ins 2020 No. 39 s 11\namd 2022 No. 7 s 132 sch 1 ; 2024 No. 50 s 20\n(sec.138R-ssec.1) This section applies if the chief executive reasonably believes a prescribed entity has information, other than disciplinary information, that is relevant to whether a relevant person poses a risk of harm to people with disability.\n(sec.138R-ssec.2) The chief executive may, by notice, ask the prescribed entity for information about the relevant person.\n(sec.138R-ssec.3) The prescribed entity may give the information about the relevant person to the chief executive if the entity reasonably believes the information may help the chief executive to perform the chief executive’s screening functions.\n(sec.138R-ssec.4) This section applies subject to the Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 .\n(sec.138R-ssec.5) In this section— prescribed entity means— the chief executive (child safety); or the chief executive of the department in which the Community Services Act 2007 is administered; or the chief executive of the disability services department; or another entity that— is prescribed by regulation for this section; and has entered into an arrangement with the chief executive to give the chief executive information under this section.\n- (a) the chief executive (child safety); or\n- (b) the chief executive of the department in which the Community Services Act 2007 is administered; or\n- (c) the chief executive of the disability services department; or\n- (d) another entity that— (i) is prescribed by regulation for this section; and (ii) has entered into an arrangement with the chief executive to give the chief executive information under this section.\n- (i) is prescribed by regulation for this section; and\n- (ii) has entered into an arrangement with the chief executive to give the chief executive information under this section.\n- (i) is prescribed by regulation for this section; and\n- (ii) has entered into an arrangement with the chief executive to give the chief executive information under this section.","sortOrder":191},{"sectionNumber":"sec.138S","sectionType":"section","heading":"State entity must update disciplinary information","content":"### sec.138S State entity must update disciplinary information\n\nThis section applies if a State entity gives disciplinary information about a relevant person to the chief executive under this subdivision and the information changes.\nThe State entity must give the chief executive a notice about the change in the information.\ns 138S ins 2020 No. 39 s 11\n(sec.138S-ssec.1) This section applies if a State entity gives disciplinary information about a relevant person to the chief executive under this subdivision and the information changes.\n(sec.138S-ssec.2) The State entity must give the chief executive a notice about the change in the information.","sortOrder":192},{"sectionNumber":"sec.138T","sectionType":"section","heading":"Application of subdivision","content":"### sec.138T Application of subdivision\n\nThis subdivision applies if—\nthe chief executive is deciding whether a relevant person poses an unacceptable risk of harm to people with disability; and\nthe relevant person was—\ncharged with a disqualifying offence alleged to have been committed when the person was an adult; or\ncharged with or convicted of a serious offence committed, or alleged to have been committed, when the person was an adult; or\ncharged with or convicted of an offence that relates to or involves a person with disability; and\nthe chief executive reasonably believes it is necessary to consider the relevant person’s mental health to make the decision mentioned in paragraph (a) .\nThe chief executive may form the reasonable belief mentioned in subsection (1) (c) only if—\nfor a charge or conviction mentioned in subsection (1) (b) —\nthe matter of the relevant person’s mental state relating to the offence has been referred to the Mental Health Court or an entity of another State with similar functions to that court; or\na court has ordered the relevant person to undertake psychiatric treatment; or\na court has been given a report about the relevant person’s mental health prepared by a registered health practitioner; or\nthe chief executive has, under this part, been given a report about the relevant person’s mental health prepared by a registered health practitioner.\ns 138T ins 2020 No. 39 s 11\n(sec.138T-ssec.1) This subdivision applies if— the chief executive is deciding whether a relevant person poses an unacceptable risk of harm to people with disability; and the relevant person was— charged with a disqualifying offence alleged to have been committed when the person was an adult; or charged with or convicted of a serious offence committed, or alleged to have been committed, when the person was an adult; or charged with or convicted of an offence that relates to or involves a person with disability; and the chief executive reasonably believes it is necessary to consider the relevant person’s mental health to make the decision mentioned in paragraph (a) .\n(sec.138T-ssec.2) The chief executive may form the reasonable belief mentioned in subsection (1) (c) only if— for a charge or conviction mentioned in subsection (1) (b) — the matter of the relevant person’s mental state relating to the offence has been referred to the Mental Health Court or an entity of another State with similar functions to that court; or a court has ordered the relevant person to undertake psychiatric treatment; or a court has been given a report about the relevant person’s mental health prepared by a registered health practitioner; or the chief executive has, under this part, been given a report about the relevant person’s mental health prepared by a registered health practitioner.\n- (a) the chief executive is deciding whether a relevant person poses an unacceptable risk of harm to people with disability; and\n- (b) the relevant person was— (i) charged with a disqualifying offence alleged to have been committed when the person was an adult; or (ii) charged with or convicted of a serious offence committed, or alleged to have been committed, when the person was an adult; or (iii) charged with or convicted of an offence that relates to or involves a person with disability; and\n- (i) charged with a disqualifying offence alleged to have been committed when the person was an adult; or\n- (ii) charged with or convicted of a serious offence committed, or alleged to have been committed, when the person was an adult; or\n- (iii) charged with or convicted of an offence that relates to or involves a person with disability; and\n- (c) the chief executive reasonably believes it is necessary to consider the relevant person’s mental health to make the decision mentioned in paragraph (a) .\n- (i) charged with a disqualifying offence alleged to have been committed when the person was an adult; or\n- (ii) charged with or convicted of a serious offence committed, or alleged to have been committed, when the person was an adult; or\n- (iii) charged with or convicted of an offence that relates to or involves a person with disability; and\n- (a) for a charge or conviction mentioned in subsection (1) (b) — (i) the matter of the relevant person’s mental state relating to the offence has been referred to the Mental Health Court or an entity of another State with similar functions to that court; or (ii) a court has ordered the relevant person to undertake psychiatric treatment; or (iii) a court has been given a report about the relevant person’s mental health prepared by a registered health practitioner; or\n- (i) the matter of the relevant person’s mental state relating to the offence has been referred to the Mental Health Court or an entity of another State with similar functions to that court; or\n- (ii) a court has ordered the relevant person to undertake psychiatric treatment; or\n- (iii) a court has been given a report about the relevant person’s mental health prepared by a registered health practitioner; or\n- (b) the chief executive has, under this part, been given a report about the relevant person’s mental health prepared by a registered health practitioner.\n- (i) the matter of the relevant person’s mental state relating to the offence has been referred to the Mental Health Court or an entity of another State with similar functions to that court; or\n- (ii) a court has ordered the relevant person to undertake psychiatric treatment; or\n- (iii) a court has been given a report about the relevant person’s mental health prepared by a registered health practitioner; or","sortOrder":193},{"sectionNumber":"sec.138U","sectionType":"section","heading":"Request to relevant person for consent to preparation of report about person’s mental health","content":"### sec.138U Request to relevant person for consent to preparation of report about person’s mental health\n\nThe chief executive may, by notice, ask the relevant person—\nto consent to a registered health practitioner nominated by the chief executive preparing a report about the relevant person’s mental health; and\nto be examined by the health practitioner to enable the health practitioner to prepare the report; and\nto consent to the health practitioner giving the report to the chief executive.\nThe notice must state the following—\nthe reasons for the chief executive’s request;\nthe name and qualifications of the registered health practitioner nominated by the chief executive to examine the relevant person;\nwhen and where the examination is to be conducted;\nthat the health practitioner may require the relevant person to undergo further examinations;\nthat the chief executive must bear the cost of the examination (including any further examinations) and preparation of the report;\nthat the chief executive may consider the report about the relevant person’s mental health when deciding whether the person poses an unacceptable risk of harm to people with disability;\nthat, if the relevant person has made a disability worker screening application, the person may ask the chief executive to withdraw the application under section 75 ;\nthat, if the relevant person does not give the consent, or undergo the examination, the chief executive may—\nif the person has made a disability worker screening application—withdraw the application under section 79 ; or\ndecide whether the person poses an unacceptable risk of harm to people with disability without a report about the person’s mental health.\nThe chief executive must be satisfied the registered health practitioner nominated is appropriately qualified to conduct the examination.\ns 138U ins 2020 No. 39 s 11\n(sec.138U-ssec.1) The chief executive may, by notice, ask the relevant person— to consent to a registered health practitioner nominated by the chief executive preparing a report about the relevant person’s mental health; and to be examined by the health practitioner to enable the health practitioner to prepare the report; and to consent to the health practitioner giving the report to the chief executive.\n(sec.138U-ssec.2) The notice must state the following— the reasons for the chief executive’s request; the name and qualifications of the registered health practitioner nominated by the chief executive to examine the relevant person; when and where the examination is to be conducted; that the health practitioner may require the relevant person to undergo further examinations; that the chief executive must bear the cost of the examination (including any further examinations) and preparation of the report; that the chief executive may consider the report about the relevant person’s mental health when deciding whether the person poses an unacceptable risk of harm to people with disability; that, if the relevant person has made a disability worker screening application, the person may ask the chief executive to withdraw the application under section 75 ; that, if the relevant person does not give the consent, or undergo the examination, the chief executive may— if the person has made a disability worker screening application—withdraw the application under section 79 ; or decide whether the person poses an unacceptable risk of harm to people with disability without a report about the person’s mental health.\n(sec.138U-ssec.3) The chief executive must be satisfied the registered health practitioner nominated is appropriately qualified to conduct the examination.\n- (a) to consent to a registered health practitioner nominated by the chief executive preparing a report about the relevant person’s mental health; and\n- (b) to be examined by the health practitioner to enable the health practitioner to prepare the report; and\n- (c) to consent to the health practitioner giving the report to the chief executive.\n- (a) the reasons for the chief executive’s request;\n- (b) the name and qualifications of the registered health practitioner nominated by the chief executive to examine the relevant person;\n- (c) when and where the examination is to be conducted;\n- (d) that the health practitioner may require the relevant person to undergo further examinations;\n- (e) that the chief executive must bear the cost of the examination (including any further examinations) and preparation of the report;\n- (f) that the chief executive may consider the report about the relevant person’s mental health when deciding whether the person poses an unacceptable risk of harm to people with disability;\n- (g) that, if the relevant person has made a disability worker screening application, the person may ask the chief executive to withdraw the application under section 75 ;\n- (h) that, if the relevant person does not give the consent, or undergo the examination, the chief executive may— (i) if the person has made a disability worker screening application—withdraw the application under section 79 ; or (ii) decide whether the person poses an unacceptable risk of harm to people with disability without a report about the person’s mental health.\n- (i) if the person has made a disability worker screening application—withdraw the application under section 79 ; or\n- (ii) decide whether the person poses an unacceptable risk of harm to people with disability without a report about the person’s mental health.\n- (i) if the person has made a disability worker screening application—withdraw the application under section 79 ; or\n- (ii) decide whether the person poses an unacceptable risk of harm to people with disability without a report about the person’s mental health.","sortOrder":194},{"sectionNumber":"sec.138V","sectionType":"section","heading":"Obtaining report about person’s mental health from registered health practitioner","content":"### sec.138V Obtaining report about person’s mental health from registered health practitioner\n\nThis section applies if the relevant person gives the consent mentioned in section 138U (1) (c) to the registered health practitioner giving the report about the person’s mental health to the chief executive.\nThe chief executive must give a copy of the relevant person’s consent to the registered health practitioner.\nThe registered health practitioner may give the report to the chief executive.\nThe registered health practitioner is authorised to give the report under this section despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the examination.\nSee section 138ZA in relation to the registered health practitioner being given information about the relevant person obtained by the chief executive from the Mental Health Court or Mental Health Review Tribunal, and restrictions on the use of the information.\nSee section 138ZLA for restrictions on disclosing or giving access to information or documents obtained under this part.\ns 138V ins 2020 No. 39 s 11\namd 2024 No. 50 s 21\n(sec.138V-ssec.1) This section applies if the relevant person gives the consent mentioned in section 138U (1) (c) to the registered health practitioner giving the report about the person’s mental health to the chief executive.\n(sec.138V-ssec.2) The chief executive must give a copy of the relevant person’s consent to the registered health practitioner.\n(sec.138V-ssec.3) The registered health practitioner may give the report to the chief executive.\n(sec.138V-ssec.4) The registered health practitioner is authorised to give the report under this section despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the examination. See section 138ZA in relation to the registered health practitioner being given information about the relevant person obtained by the chief executive from the Mental Health Court or Mental Health Review Tribunal, and restrictions on the use of the information. See section 138ZLA for restrictions on disclosing or giving access to information or documents obtained under this part.\n- 1 See section 138ZA in relation to the registered health practitioner being given information about the relevant person obtained by the chief executive from the Mental Health Court or Mental Health Review Tribunal, and restrictions on the use of the information.\n- 2 See section 138ZLA for restrictions on disclosing or giving access to information or documents obtained under this part.","sortOrder":195},{"sectionNumber":"sec.138W","sectionType":"section","heading":"Chief executive to bear medical costs","content":"### sec.138W Chief executive to bear medical costs\n\nThe chief executive must bear the costs for the following amounts charged by the registered health practitioner for preparing a report about the relevant person’s mental health under this subdivision—\nthe amount charged for examining the person to enable the health practitioner to prepare the report;\nthe amount charged for preparing the report.\ns 138W ins 2020 No. 39 s 11\n- (a) the amount charged for examining the person to enable the health practitioner to prepare the report;\n- (b) the amount charged for preparing the report.","sortOrder":196},{"sectionNumber":"sec.138X","sectionType":"section","heading":"Request for consent to obtain information from Mental Health Court or Mental Health Review Tribunal","content":"### sec.138X Request for consent to obtain information from Mental Health Court or Mental Health Review Tribunal\n\nThis section applies if—\nthe relevant person has been charged with, but not convicted of—\na disqualifying offence or serious offence alleged to have been committed when the person was an adult; or\nan offence that relates to or involves a person with disability; and\neither—\nthe matter of the person’s mental state relating to the offence was referred to the Mental Health Court; or\nthe Mental Health Review Tribunal reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 .\nThe chief executive may, by notice, ask the relevant person to consent to the chief executive obtaining information about the person from the Mental Health Court or Mental Health Review Tribunal—\nfor the chief executive to use when deciding whether the person poses an unacceptable risk of harm to people with disability; or\nif the chief executive asked the person, under section 138U , to consent to a registered health practitioner preparing a report about the person’s mental health—to be given to the health practitioner to use when preparing the report.\nThe notice must state the following—\nthe reasons for the chief executive’s request;\nthe information that the Mental Health Court or Mental Health Review Tribunal may give the chief executive under section 138Y or 138Z ;\nthat the chief executive may consider the report about the relevant person’s mental health when deciding whether the person poses an unacceptable risk of harm to people with disability;\nthat, if the relevant person has made a disability worker screening application, the person may ask the chief executive to withdraw the application under section 75 ;\nthat, if the relevant person does not give the consent, the chief executive may—\nif the person made a disability worker screening application—withdraw the application under section 79 ; or\ndecide whether the person poses an unacceptable risk of harm to people with disability without obtaining the information.\ns 138X ins 2020 No. 39 s 11\n(sec.138X-ssec.1) This section applies if— the relevant person has been charged with, but not convicted of— a disqualifying offence or serious offence alleged to have been committed when the person was an adult; or an offence that relates to or involves a person with disability; and either— the matter of the person’s mental state relating to the offence was referred to the Mental Health Court; or the Mental Health Review Tribunal reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 .\n(sec.138X-ssec.2) The chief executive may, by notice, ask the relevant person to consent to the chief executive obtaining information about the person from the Mental Health Court or Mental Health Review Tribunal— for the chief executive to use when deciding whether the person poses an unacceptable risk of harm to people with disability; or if the chief executive asked the person, under section 138U , to consent to a registered health practitioner preparing a report about the person’s mental health—to be given to the health practitioner to use when preparing the report.\n(sec.138X-ssec.3) The notice must state the following— the reasons for the chief executive’s request; the information that the Mental Health Court or Mental Health Review Tribunal may give the chief executive under section 138Y or 138Z ; that the chief executive may consider the report about the relevant person’s mental health when deciding whether the person poses an unacceptable risk of harm to people with disability; that, if the relevant person has made a disability worker screening application, the person may ask the chief executive to withdraw the application under section 75 ; that, if the relevant person does not give the consent, the chief executive may— if the person made a disability worker screening application—withdraw the application under section 79 ; or decide whether the person poses an unacceptable risk of harm to people with disability without obtaining the information.\n- (a) the relevant person has been charged with, but not convicted of— (i) a disqualifying offence or serious offence alleged to have been committed when the person was an adult; or (ii) an offence that relates to or involves a person with disability; and\n- (i) a disqualifying offence or serious offence alleged to have been committed when the person was an adult; or\n- (ii) an offence that relates to or involves a person with disability; and\n- (b) either— (i) the matter of the person’s mental state relating to the offence was referred to the Mental Health Court; or (ii) the Mental Health Review Tribunal reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 .\n- (i) the matter of the person’s mental state relating to the offence was referred to the Mental Health Court; or\n- (ii) the Mental Health Review Tribunal reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 .\n- (i) a disqualifying offence or serious offence alleged to have been committed when the person was an adult; or\n- (ii) an offence that relates to or involves a person with disability; and\n- (i) the matter of the person’s mental state relating to the offence was referred to the Mental Health Court; or\n- (ii) the Mental Health Review Tribunal reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 .\n- (a) for the chief executive to use when deciding whether the person poses an unacceptable risk of harm to people with disability; or\n- (b) if the chief executive asked the person, under section 138U , to consent to a registered health practitioner preparing a report about the person’s mental health—to be given to the health practitioner to use when preparing the report.\n- (a) the reasons for the chief executive’s request;\n- (b) the information that the Mental Health Court or Mental Health Review Tribunal may give the chief executive under section 138Y or 138Z ;\n- (c) that the chief executive may consider the report about the relevant person’s mental health when deciding whether the person poses an unacceptable risk of harm to people with disability;\n- (d) that, if the relevant person has made a disability worker screening application, the person may ask the chief executive to withdraw the application under section 75 ;\n- (e) that, if the relevant person does not give the consent, the chief executive may— (i) if the person made a disability worker screening application—withdraw the application under section 79 ; or (ii) decide whether the person poses an unacceptable risk of harm to people with disability without obtaining the information.\n- (i) if the person made a disability worker screening application—withdraw the application under section 79 ; or\n- (ii) decide whether the person poses an unacceptable risk of harm to people with disability without obtaining the information.\n- (i) if the person made a disability worker screening application—withdraw the application under section 79 ; or\n- (ii) decide whether the person poses an unacceptable risk of harm to people with disability without obtaining the information.","sortOrder":197},{"sectionNumber":"sec.138Y","sectionType":"section","heading":"Obtaining information from Mental Health Court","content":"### sec.138Y Obtaining information from Mental Health Court\n\nThe chief executive may, by notice, ask the Mental Health Court (the court ) for information about the relevant person if—\nthe matter of the person’s mental state relating to an offence mentioned in section 138X (1) (a) was referred to the court (the referred matter ); and\nthe person gives the consent mentioned in section 138X (2) for the chief executive to obtain information about the person from the court.\nThe chief executive must give a copy of the relevant person’s consent to the court.\nIf the relevant person’s consent is for the chief executive to use the information when deciding whether the person poses an unacceptable risk of harm to people with disability, the court may comply with the request if the court considers the information may help the chief executive make the decision.\nIf the relevant person’s consent is for the information to be given to the registered health practitioner preparing a report about the person’s mental health, the court must comply with the chief executive’s request.\nThe court complies with the chief executive’s request by giving the chief executive the following information—\nthe court’s decision about the referred matter and reasons for the decision;\na copy or written summary of any expert’s report about the relevant person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference of the matter to the court;\ntranscripts of a hearing conducted for the referred matter if the court directed the transcript may be given to a party to the hearing or another person.\nA decision of the court not to give an expert report about the relevant person under this section does not prevent the chief executive applying for leave of the court under the Mental Health Act 2016 , section 160 (2) in relation to the report.\ns 138Y ins 2020 No. 39 s 11\n(sec.138Y-ssec.1) The chief executive may, by notice, ask the Mental Health Court (the court ) for information about the relevant person if— the matter of the person’s mental state relating to an offence mentioned in section 138X (1) (a) was referred to the court (the referred matter ); and the person gives the consent mentioned in section 138X (2) for the chief executive to obtain information about the person from the court.\n(sec.138Y-ssec.2) The chief executive must give a copy of the relevant person’s consent to the court.\n(sec.138Y-ssec.3) If the relevant person’s consent is for the chief executive to use the information when deciding whether the person poses an unacceptable risk of harm to people with disability, the court may comply with the request if the court considers the information may help the chief executive make the decision.\n(sec.138Y-ssec.4) If the relevant person’s consent is for the information to be given to the registered health practitioner preparing a report about the person’s mental health, the court must comply with the chief executive’s request.\n(sec.138Y-ssec.5) The court complies with the chief executive’s request by giving the chief executive the following information— the court’s decision about the referred matter and reasons for the decision; a copy or written summary of any expert’s report about the relevant person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference of the matter to the court; transcripts of a hearing conducted for the referred matter if the court directed the transcript may be given to a party to the hearing or another person.\n(sec.138Y-ssec.6) A decision of the court not to give an expert report about the relevant person under this section does not prevent the chief executive applying for leave of the court under the Mental Health Act 2016 , section 160 (2) in relation to the report.\n- (a) the matter of the person’s mental state relating to an offence mentioned in section 138X (1) (a) was referred to the court (the referred matter ); and\n- (b) the person gives the consent mentioned in section 138X (2) for the chief executive to obtain information about the person from the court.\n- (a) the court’s decision about the referred matter and reasons for the decision;\n- (b) a copy or written summary of any expert’s report about the relevant person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference of the matter to the court;\n- (c) transcripts of a hearing conducted for the referred matter if the court directed the transcript may be given to a party to the hearing or another person.","sortOrder":198},{"sectionNumber":"sec.138Z","sectionType":"section","heading":"Obtaining information from Mental Health Review Tribunal","content":"### sec.138Z Obtaining information from Mental Health Review Tribunal\n\nThe chief executive may, by notice, ask the Mental Health Review Tribunal (the tribunal ) for information about the relevant person if—\nthe tribunal reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and\nthe person gives the consent mentioned in section 138X (2) for the chief executive to obtain information about the person from the tribunal.\nThe chief executive must give a copy of the relevant person’s consent to the tribunal.\nIf the relevant person’s consent is for the chief executive to use the information when deciding whether the person poses an unacceptable risk of harm to people with disability, the tribunal may comply with the request if the tribunal considers the information may help the chief executive make the decision.\nIf the relevant person’s consent is for the information to be given to the registered health practitioner preparing a report about the person’s mental health, the tribunal must comply with the chief executive’s request.\nThe tribunal complies with the request by giving the chief executive the following information—\nthe tribunal’s decision on the review and reasons for the decision;\na copy or written summary of an expert’s report about the relevant person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person under the Mental Health Act 2016 , section 454 ;\ntranscripts of any hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.\ns 138Z ins 2020 No. 39 s 11\n(sec.138Z-ssec.1) The chief executive may, by notice, ask the Mental Health Review Tribunal (the tribunal ) for information about the relevant person if— the tribunal reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and the person gives the consent mentioned in section 138X (2) for the chief executive to obtain information about the person from the tribunal.\n(sec.138Z-ssec.2) The chief executive must give a copy of the relevant person’s consent to the tribunal.\n(sec.138Z-ssec.3) If the relevant person’s consent is for the chief executive to use the information when deciding whether the person poses an unacceptable risk of harm to people with disability, the tribunal may comply with the request if the tribunal considers the information may help the chief executive make the decision.\n(sec.138Z-ssec.4) If the relevant person’s consent is for the information to be given to the registered health practitioner preparing a report about the person’s mental health, the tribunal must comply with the chief executive’s request.\n(sec.138Z-ssec.5) The tribunal complies with the request by giving the chief executive the following information— the tribunal’s decision on the review and reasons for the decision; a copy or written summary of an expert’s report about the relevant person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person under the Mental Health Act 2016 , section 454 ; transcripts of any hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.\n- (a) the tribunal reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and\n- (b) the person gives the consent mentioned in section 138X (2) for the chief executive to obtain information about the person from the tribunal.\n- (a) the tribunal’s decision on the review and reasons for the decision;\n- (b) a copy or written summary of an expert’s report about the relevant person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person under the Mental Health Act 2016 , section 454 ;\n- (c) transcripts of any hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.","sortOrder":199},{"sectionNumber":"sec.138ZA","sectionType":"section","heading":"Chief executive must give information to registered health practitioner","content":"### sec.138ZA Chief executive must give information to registered health practitioner\n\nThis section applies if—\nthe chief executive is given information about the relevant person under section 138Y or 138Z ; and\nthe person consented to the information being given to the registered health practitioner preparing a report about the person’s mental health.\nThe chief executive must give the information to the registered health practitioner as soon as practicable after receiving the information.\nThe registered health practitioner must not—\nmake a record of the information; or\ndisclose the information to anyone; or\ngive anyone access to the information; or\ninclude any details of the information in a report about the relevant person’s mental health prepared under this subdivision.\nMaximum penalty for subsection (3) —100 penalty units or 2 years imprisonment.\ns 138ZA ins 2020 No. 39 s 11\n(sec.138ZA-ssec.1) This section applies if— the chief executive is given information about the relevant person under section 138Y or 138Z ; and the person consented to the information being given to the registered health practitioner preparing a report about the person’s mental health.\n(sec.138ZA-ssec.2) The chief executive must give the information to the registered health practitioner as soon as practicable after receiving the information.\n(sec.138ZA-ssec.3) The registered health practitioner must not— make a record of the information; or disclose the information to anyone; or give anyone access to the information; or include any details of the information in a report about the relevant person’s mental health prepared under this subdivision. Maximum penalty for subsection (3) —100 penalty units or 2 years imprisonment.\n- (a) the chief executive is given information about the relevant person under section 138Y or 138Z ; and\n- (b) the person consented to the information being given to the registered health practitioner preparing a report about the person’s mental health.\n- (a) make a record of the information; or\n- (b) disclose the information to anyone; or\n- (c) give anyone access to the information; or\n- (d) include any details of the information in a report about the relevant person’s mental health prepared under this subdivision.","sortOrder":200},{"sectionNumber":"sec.138ZB","sectionType":"section","heading":"Information that cannot be disclosed to relevant person under confidentiality order","content":"### sec.138ZB Information that cannot be disclosed to relevant person under confidentiality order\n\nThis section applies if information given to the chief executive under section 138Y or 138Z includes information ( restricted information ) that cannot be disclosed to the relevant person under a confidentiality order under the Mental Health Act 2016 , section 696 or 722 .\nIf section 138ZA applies to the restricted information, the chief executive—\nmust give the information to the registered health practitioner under that section; and\nmust not keep the information, or a record or copy of the information, after giving the information to the health practitioner.\nOtherwise, the chief executive must not use the restricted information for any purpose.\ns 138ZB ins 2020 No. 39 s 11\n(sec.138ZB-ssec.1) This section applies if information given to the chief executive under section 138Y or 138Z includes information ( restricted information ) that cannot be disclosed to the relevant person under a confidentiality order under the Mental Health Act 2016 , section 696 or 722 .\n(sec.138ZB-ssec.2) If section 138ZA applies to the restricted information, the chief executive— must give the information to the registered health practitioner under that section; and must not keep the information, or a record or copy of the information, after giving the information to the health practitioner.\n(sec.138ZB-ssec.3) Otherwise, the chief executive must not use the restricted information for any purpose.\n- (a) must give the information to the registered health practitioner under that section; and\n- (b) must not keep the information, or a record or copy of the information, after giving the information to the health practitioner.","sortOrder":201},{"sectionNumber":"sec.138ZC","sectionType":"section","heading":"Further restrictions on chief executive’s use of information","content":"### sec.138ZC Further restrictions on chief executive’s use of information\n\nThis section applies if the chief executive—\nis given information, other than restricted information under section 138ZB (1) , about the relevant person under section 138Y or 138Z ; and\nis deciding whether the person poses an unacceptable risk of harm to people with disability.\nThe chief executive may use the information to make the decision only if the relevant person consented to the chief executive using the information to make the decision.\ns 138ZC ins 2020 No. 39 s 11\n(sec.138ZC-ssec.1) This section applies if the chief executive— is given information, other than restricted information under section 138ZB (1) , about the relevant person under section 138Y or 138Z ; and is deciding whether the person poses an unacceptable risk of harm to people with disability.\n(sec.138ZC-ssec.2) The chief executive may use the information to make the decision only if the relevant person consented to the chief executive using the information to make the decision.\n- (a) is given information, other than restricted information under section 138ZB (1) , about the relevant person under section 138Y or 138Z ; and\n- (b) is deciding whether the person poses an unacceptable risk of harm to people with disability.","sortOrder":202},{"sectionNumber":"sec.138ZD","sectionType":"section","heading":"Giving information authorised despite other laws","content":"### sec.138ZD Giving information authorised despite other laws\n\nThe Mental Health Court and Mental Health Review Tribunal are authorised to give information to the chief executive under section 138Y or 138Z despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.\nSee section 138ZLA for restrictions on disclosing or giving access to information or documents obtained under this part.\nWithout limiting subsection (1) , the information may be given—\neven if it cannot be disclosed to the relevant person under a confidentiality order under the Mental Health Act 2016 , section 696 or 722 ; and\nif the information is an expert’s report—despite the Mental Health Act 2016 , section 160 .\ns 138ZD ins 2020 No. 39 s 11\namd 2024 No. 50 s 22\n(sec.138ZD-ssec.1) The Mental Health Court and Mental Health Review Tribunal are authorised to give information to the chief executive under section 138Y or 138Z despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See section 138ZLA for restrictions on disclosing or giving access to information or documents obtained under this part.\n(sec.138ZD-ssec.2) Without limiting subsection (1) , the information may be given— even if it cannot be disclosed to the relevant person under a confidentiality order under the Mental Health Act 2016 , section 696 or 722 ; and if the information is an expert’s report—despite the Mental Health Act 2016 , section 160 .\n- (a) even if it cannot be disclosed to the relevant person under a confidentiality order under the Mental Health Act 2016 , section 696 or 722 ; and\n- (b) if the information is an expert’s report—despite the Mental Health Act 2016 , section 160 .","sortOrder":203},{"sectionNumber":"sec.138ZE","sectionType":"section","heading":"Information that must not be given","content":"### sec.138ZE Information that must not be given\n\nInformation or documents given by the Mental Health Court under section 138Y or the Mental Health Review Tribunal under section 138Z must not include—\nany material (or any record or copy of the material) given to the court or tribunal under the Mental Health Act 2016 , section 155 , 163 or 742 , or how the material was taken into account; or\nthe reasons of the court or tribunal for taking material mentioned in paragraph (a) into account or not taking the material into account; or\nthe content of an expert report about a person other than the relevant person; or\ninformation about a person, other than the relevant person, that the court or tribunal considers is not relevant to the chief executive deciding whether the relevant person poses a risk of harm to people with disability.\ns 138ZE ins 2020 No. 39 s 11\n- (a) any material (or any record or copy of the material) given to the court or tribunal under the Mental Health Act 2016 , section 155 , 163 or 742 , or how the material was taken into account; or\n- (b) the reasons of the court or tribunal for taking material mentioned in paragraph (a) into account or not taking the material into account; or\n- (c) the content of an expert report about a person other than the relevant person; or\n- (d) information about a person, other than the relevant person, that the court or tribunal considers is not relevant to the chief executive deciding whether the relevant person poses a risk of harm to people with disability.","sortOrder":204},{"sectionNumber":"sec.138ZF","sectionType":"section","heading":"Application of subdivision","content":"### sec.138ZF Application of subdivision\n\nThis subdivision applies to information about a person—\nthe chief executive was given, or given access to, under this part; or\nin the chief executive’s possession in relation to the performance of the chief executive’s screening functions.\ns 138ZF ins 2020 No. 39 s 11\n- (a) the chief executive was given, or given access to, under this part; or\n- (b) in the chief executive’s possession in relation to the performance of the chief executive’s screening functions.","sortOrder":205},{"sectionNumber":"sec.138ZG","sectionType":"section","heading":"Giving information to chief executive (working with children)","content":"### sec.138ZG Giving information to chief executive (working with children)\n\nThe chief executive may give information about a person to the chief executive (working with children) if the chief executive reasonably believes the information is relevant to the functions of the chief executive (working with children) under the Working with Children Check Act 2000 .\nWithout limiting subsection (1) , the information that may be given includes—\ninformation about a disability worker screening application made by a person; and\ninformation about a clearance, interstate NDIS clearance, exclusion or interstate NDIS exclusion held by a person; and\npolice information about a person, including investigative information; and\ninformation related to police information about a person, including a section 93A transcript and a transcript of a recorded statement; and\ndisciplinary information or NDIS disciplinary or misconduct information about a person; and\ninformation about a person’s mental health.\ns 138ZG ins 2020 No. 39 s 11\namd 2022 No. 12 s 27 ; 2024 No. 49 s 130 s ch 4 pt 2\n(sec.138ZG-ssec.1) The chief executive may give information about a person to the chief executive (working with children) if the chief executive reasonably believes the information is relevant to the functions of the chief executive (working with children) under the Working with Children Check Act 2000 .\n(sec.138ZG-ssec.2) Without limiting subsection (1) , the information that may be given includes— information about a disability worker screening application made by a person; and information about a clearance, interstate NDIS clearance, exclusion or interstate NDIS exclusion held by a person; and police information about a person, including investigative information; and information related to police information about a person, including a section 93A transcript and a transcript of a recorded statement; and disciplinary information or NDIS disciplinary or misconduct information about a person; and information about a person’s mental health.\n- (a) information about a disability worker screening application made by a person; and\n- (b) information about a clearance, interstate NDIS clearance, exclusion or interstate NDIS exclusion held by a person; and\n- (c) police information about a person, including investigative information; and\n- (d) information related to police information about a person, including a section 93A transcript and a transcript of a recorded statement; and\n- (e) disciplinary information or NDIS disciplinary or misconduct information about a person; and\n- (f) information about a person’s mental health.","sortOrder":206},{"sectionNumber":"sec.138ZH","sectionType":"section","heading":"Giving information to NDIS worker screening unit or working with children screening unit","content":"### sec.138ZH Giving information to NDIS worker screening unit or working with children screening unit\n\nThis section applies if—\nthe chief executive is aware a person holds—\nan interstate NDIS clearance issued by an NDIS worker screening unit under a corresponding law; or\nan interstate working with children authority issued by a working with children screening unit under a corresponding WWC law; or\nan NDIS worker screening unit or working with children screening unit has asked the chief executive for information about a person in relation to deciding an application made by the person under a corresponding law or corresponding WWC law.\nIf the police commissioner gives the chief executive information about the person under subdivision 2 , the chief executive may give the information to the NDIS worker screening unit or working with children screening unit.\nThe chief executive may also give the NDIS worker screening unit or working with children screening unit other information about the person if the chief executive reasonably believes the information is relevant to the functions of the screening unit under the corresponding law or corresponding WWC law.\nHowever, the chief executive must not give the NDIS worker screening unit or working with children screening unit—\na section 93A transcript, or information contained in a section 93A transcript; or\na transcript of a recorded statement or information contained in a transcript of a recorded statement.\nIn this section—\ncorresponding WWC law means a law of another State that substantially corresponds to the Working with Children Check Act 2000 .\ninterstate working with children authority means an authority, however called, issued under a corresponding WWC law that corresponds to a working with children authority under the Working with Children Check Act 2000 .\nworking with children screening unit means the entity responsible, under a corresponding WWC law, for issuing interstate working with children authorities.\ns 138ZH ins 2020 No. 39 s 11\namd 2022 No. 12 s 28 ; 2024 No. 49 s 130 s ch 4 pt 2\n(sec.138ZH-ssec.1) This section applies if— the chief executive is aware a person holds— an interstate NDIS clearance issued by an NDIS worker screening unit under a corresponding law; or an interstate working with children authority issued by a working with children screening unit under a corresponding WWC law; or an NDIS worker screening unit or working with children screening unit has asked the chief executive for information about a person in relation to deciding an application made by the person under a corresponding law or corresponding WWC law.\n(sec.138ZH-ssec.2) If the police commissioner gives the chief executive information about the person under subdivision 2 , the chief executive may give the information to the NDIS worker screening unit or working with children screening unit.\n(sec.138ZH-ssec.3) The chief executive may also give the NDIS worker screening unit or working with children screening unit other information about the person if the chief executive reasonably believes the information is relevant to the functions of the screening unit under the corresponding law or corresponding WWC law.\n(sec.138ZH-ssec.4) However, the chief executive must not give the NDIS worker screening unit or working with children screening unit— a section 93A transcript, or information contained in a section 93A transcript; or a transcript of a recorded statement or information contained in a transcript of a recorded statement.\n(sec.138ZH-ssec.5) In this section— corresponding WWC law means a law of another State that substantially corresponds to the Working with Children Check Act 2000 . interstate working with children authority means an authority, however called, issued under a corresponding WWC law that corresponds to a working with children authority under the Working with Children Check Act 2000 . working with children screening unit means the entity responsible, under a corresponding WWC law, for issuing interstate working with children authorities.\n- (a) the chief executive is aware a person holds— (i) an interstate NDIS clearance issued by an NDIS worker screening unit under a corresponding law; or (ii) an interstate working with children authority issued by a working with children screening unit under a corresponding WWC law; or\n- (i) an interstate NDIS clearance issued by an NDIS worker screening unit under a corresponding law; or\n- (ii) an interstate working with children authority issued by a working with children screening unit under a corresponding WWC law; or\n- (b) an NDIS worker screening unit or working with children screening unit has asked the chief executive for information about a person in relation to deciding an application made by the person under a corresponding law or corresponding WWC law.\n- (i) an interstate NDIS clearance issued by an NDIS worker screening unit under a corresponding law; or\n- (ii) an interstate working with children authority issued by a working with children screening unit under a corresponding WWC law; or\n- (a) a section 93A transcript, or information contained in a section 93A transcript; or\n- (b) a transcript of a recorded statement or information contained in a transcript of a recorded statement.","sortOrder":207},{"sectionNumber":"sec.138ZI","sectionType":"section","heading":"Giving information to NDIS commission","content":"### sec.138ZI Giving information to NDIS commission\n\nThe chief executive may give information about a person to the NDIS commission—\nunder an arrangement between the chief executive and the NDIS commission, for the purpose of the information—\nbeing included in the NDIS worker screening database; or\nbeing communicated to the person, or a notifiable person for the person, by the NDIS commission, including, for example, electronically through the NDIS worker screening database; or\nif the chief executive reasonably believes the information is otherwise relevant to the functions of the NDIS commission.\nWithout limiting subsection (1) , the information may include—\ninformation about an NDIS worker screening application made by a person; and\ninformation about an NDIS clearance issued to a person, including the suspension or cancellation of the clearance; and\ninformation about an NDIS exclusion issued to a person, including the cancellation of the exclusion; and\ninformation about a notice given to a person that relates to an NDIS worker screening application made by the person or an NDIS clearance or NDIS exclusion issued to the person.\nFor subsection (1) (a) , information is given to the NDIS commission if the information is entered into, or uploaded to, the NDIS worker screening database.\ns 138ZI ins 2020 No. 39 s 11\n(sec.138ZI-ssec.1) The chief executive may give information about a person to the NDIS commission— under an arrangement between the chief executive and the NDIS commission, for the purpose of the information— being included in the NDIS worker screening database; or being communicated to the person, or a notifiable person for the person, by the NDIS commission, including, for example, electronically through the NDIS worker screening database; or if the chief executive reasonably believes the information is otherwise relevant to the functions of the NDIS commission.\n(sec.138ZI-ssec.2) Without limiting subsection (1) , the information may include— information about an NDIS worker screening application made by a person; and information about an NDIS clearance issued to a person, including the suspension or cancellation of the clearance; and information about an NDIS exclusion issued to a person, including the cancellation of the exclusion; and information about a notice given to a person that relates to an NDIS worker screening application made by the person or an NDIS clearance or NDIS exclusion issued to the person.\n(sec.138ZI-ssec.3) For subsection (1) (a) , information is given to the NDIS commission if the information is entered into, or uploaded to, the NDIS worker screening database.\n- (a) under an arrangement between the chief executive and the NDIS commission, for the purpose of the information— (i) being included in the NDIS worker screening database; or (ii) being communicated to the person, or a notifiable person for the person, by the NDIS commission, including, for example, electronically through the NDIS worker screening database; or\n- (i) being included in the NDIS worker screening database; or\n- (ii) being communicated to the person, or a notifiable person for the person, by the NDIS commission, including, for example, electronically through the NDIS worker screening database; or\n- (b) if the chief executive reasonably believes the information is otherwise relevant to the functions of the NDIS commission.\n- (i) being included in the NDIS worker screening database; or\n- (ii) being communicated to the person, or a notifiable person for the person, by the NDIS commission, including, for example, electronically through the NDIS worker screening database; or\n- (a) information about an NDIS worker screening application made by a person; and\n- (b) information about an NDIS clearance issued to a person, including the suspension or cancellation of the clearance; and\n- (c) information about an NDIS exclusion issued to a person, including the cancellation of the exclusion; and\n- (d) information about a notice given to a person that relates to an NDIS worker screening application made by the person or an NDIS clearance or NDIS exclusion issued to the person.","sortOrder":208},{"sectionNumber":"sec.138ZJ","sectionType":"section","heading":"Authorised entities for person","content":"### sec.138ZJ Authorised entities for person\n\nEach of the following is an authorised entity for a person—\na funded service provider (the person’s engaging provider ) if—\nthe service provider has notified the chief executive under this Act that the service provider engages, or proposes to engage, the person to carry out State disability work; and\nneither the service provider nor the person has notified the chief executive otherwise;\nanother person the chief executive accepts is an authorised representative of the person’s engaging provider;\nanother person who is a notifiable person for the person;\nan entity to whom the chief executive is required to, or may, give a notice about the person under this Act that relates to—\na State disability worker screening application made by the person; or\na State clearance or State exclusion issued to the person.\ns 138ZJ ins 2020 No. 39 s 11\n- (a) a funded service provider (the person’s engaging provider ) if— (i) the service provider has notified the chief executive under this Act that the service provider engages, or proposes to engage, the person to carry out State disability work; and (ii) neither the service provider nor the person has notified the chief executive otherwise;\n- (i) the service provider has notified the chief executive under this Act that the service provider engages, or proposes to engage, the person to carry out State disability work; and\n- (ii) neither the service provider nor the person has notified the chief executive otherwise;\n- (b) another person the chief executive accepts is an authorised representative of the person’s engaging provider;\n- (c) another person who is a notifiable person for the person;\n- (d) an entity to whom the chief executive is required to, or may, give a notice about the person under this Act that relates to— (i) a State disability worker screening application made by the person; or (ii) a State clearance or State exclusion issued to the person.\n- (i) a State disability worker screening application made by the person; or\n- (ii) a State clearance or State exclusion issued to the person.\n- (i) the service provider has notified the chief executive under this Act that the service provider engages, or proposes to engage, the person to carry out State disability work; and\n- (ii) neither the service provider nor the person has notified the chief executive otherwise;\n- (i) a State disability worker screening application made by the person; or\n- (ii) a State clearance or State exclusion issued to the person.","sortOrder":209},{"sectionNumber":"sec.138ZK","sectionType":"section","heading":"Chief executive may give authorised entities particular information","content":"### sec.138ZK Chief executive may give authorised entities particular information\n\nThe chief executive may give an authorised entity for a person information about—\na State disability worker screening application made by the person; or\na State clearance or State exclusion issued to the person; or\na notice about the person given, or required to be given, to the authorised entity under this Act that relates to—\na State worker screening check application made by the person; or\na State clearance or State exclusion held by the person.\nThe chief executive may give the information under subsection (1) by allowing the authorised entity to access the information electronically.\ns 138ZK ins 2020 No. 39 s 11\n(sec.138ZK-ssec.1) The chief executive may give an authorised entity for a person information about— a State disability worker screening application made by the person; or a State clearance or State exclusion issued to the person; or a notice about the person given, or required to be given, to the authorised entity under this Act that relates to— a State worker screening check application made by the person; or a State clearance or State exclusion held by the person.\n(sec.138ZK-ssec.2) The chief executive may give the information under subsection (1) by allowing the authorised entity to access the information electronically.\n- (a) a State disability worker screening application made by the person; or\n- (b) a State clearance or State exclusion issued to the person; or\n- (c) a notice about the person given, or required to be given, to the authorised entity under this Act that relates to— (i) a State worker screening check application made by the person; or (ii) a State clearance or State exclusion held by the person.\n- (i) a State worker screening check application made by the person; or\n- (ii) a State clearance or State exclusion held by the person.\n- (i) a State worker screening check application made by the person; or\n- (ii) a State clearance or State exclusion held by the person.","sortOrder":210},{"sectionNumber":"sec.138ZL","sectionType":"section","heading":"Use of information obtained under section 138ZK about person","content":"### sec.138ZL Use of information obtained under section 138ZK about person\n\nThis section applies to a person who is given, or accesses, information about a person under section 138ZK .\nThe person must not use the information, or disclose or give access to the information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may use the information, or disclose or give access to the information to another person, if the use, disclosure or giving of access—\nis to identify, assess or monitor a risk, or potential risk, of harm to a person or people with disability in relation to the person to whom the information relates carrying out disability work; or\nis to establish whether or not the person to whom the information relates—\nhas made a State disability worker screening application; or\nhas been issued a State clearance or State exclusion; or\nis to comply with an obligation under this Act; or\nhappens with the consent of the person to whom the information relates; or\nis required to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or the health, safety or welfare of the public; or\nis required by a law enforcement agency to prevent, detect, investigate, prosecute or punish an offence; or\nis required for a proceeding in a court or a tribunal; or\nis authorised under a regulation or another law.\nIn this section—\nlaw enforcement agency means—\nan entity mentioned in the Information Privacy Act 2009 , schedule 5 , definition law enforcement agency , paragraph (b) ; or\nan enforcement body within the meaning of the Privacy Act 1988 (Cwlth) .\ns 138ZL ins 2020 No. 39 s 11\n(sec.138ZL-ssec.1) This section applies to a person who is given, or accesses, information about a person under section 138ZK .\n(sec.138ZL-ssec.2) The person must not use the information, or disclose or give access to the information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3) . Maximum penalty—100 penalty units.\n(sec.138ZL-ssec.3) The person may use the information, or disclose or give access to the information to another person, if the use, disclosure or giving of access— is to identify, assess or monitor a risk, or potential risk, of harm to a person or people with disability in relation to the person to whom the information relates carrying out disability work; or is to establish whether or not the person to whom the information relates— has made a State disability worker screening application; or has been issued a State clearance or State exclusion; or is to comply with an obligation under this Act; or happens with the consent of the person to whom the information relates; or is required to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or the health, safety or welfare of the public; or is required by a law enforcement agency to prevent, detect, investigate, prosecute or punish an offence; or is required for a proceeding in a court or a tribunal; or is authorised under a regulation or another law.\n(sec.138ZL-ssec.4) In this section— law enforcement agency means— an entity mentioned in the Information Privacy Act 2009 , schedule 5 , definition law enforcement agency , paragraph (b) ; or an enforcement body within the meaning of the Privacy Act 1988 (Cwlth) .\n- (a) is to identify, assess or monitor a risk, or potential risk, of harm to a person or people with disability in relation to the person to whom the information relates carrying out disability work; or\n- (b) is to establish whether or not the person to whom the information relates— (i) has made a State disability worker screening application; or (ii) has been issued a State clearance or State exclusion; or\n- (i) has made a State disability worker screening application; or\n- (ii) has been issued a State clearance or State exclusion; or\n- (c) is to comply with an obligation under this Act; or\n- (d) happens with the consent of the person to whom the information relates; or\n- (e) is required to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or the health, safety or welfare of the public; or\n- (f) is required by a law enforcement agency to prevent, detect, investigate, prosecute or punish an offence; or\n- (g) is required for a proceeding in a court or a tribunal; or\n- (h) is authorised under a regulation or another law.\n- (i) has made a State disability worker screening application; or\n- (ii) has been issued a State clearance or State exclusion; or\n- (a) an entity mentioned in the Information Privacy Act 2009 , schedule 5 , definition law enforcement agency , paragraph (b) ; or\n- (b) an enforcement body within the meaning of the Privacy Act 1988 (Cwlth) .","sortOrder":211},{"sectionNumber":"sec.138ZLA","sectionType":"section","heading":"Confidentiality of police, disciplinary, mental health and other protected information","content":"### sec.138ZLA Confidentiality of police, disciplinary, mental health and other protected information\n\nThis section applies to a person who—\nis or has been a public service employee employed in the department; and\nin that capacity, was given, or given access to, protected information about another person.\nAlso, this section applies to a person who is or has been—\nthe Minister and, in that capacity, received a report under section 138ZLD that contains protected information; or\na member of the Minister’s staff and, in that capacity, was given, or given access to, a report or information mentioned in paragraph (a) .\nThe following information is protected information about a person—\npolice information about the person and information related to the police information;\ndomestic violence information about the person and information related to the domestic violence information;\ndisciplinary information about the person;\nNDIS disciplinary or misconduct information about the person;\ninformation about the person’s mental health, including, for example, information given to the chief executive under subdivision 6 ;\nother information about the person given to the chief executive to help the chief executive decide whether the person poses an unacceptable risk of harm to people with disability, including information about the person given to the chief executive—\nby the NDIS commission; or\nby an NDIS worker screening unit; or\nby a prescribed entity under section 138R .\nA person to whom this section applies must not use the protected information, or disclose or give access to the protected information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (5) .\nMaximum penalty—100 penalty units or 2 years imprisonment.\nThe person may use the protected information, or disclose or give access to the protected information to another person, if the use, disclosure or giving of access—\nis for the performance of the chief executive’s screening functions; or\nis expressly permitted under this part; or\nhappens with the consent of the person to whom the information relates; or\nfor protected information other than a section 93A transcript or a transcript of a recorded statement—is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the protected information; or\nis otherwise required under an Act or other law.\ns 138ZLA ins 2024 No. 50 s 23\n(sec.138ZLA-ssec.1) This section applies to a person who— is or has been a public service employee employed in the department; and in that capacity, was given, or given access to, protected information about another person.\n(sec.138ZLA-ssec.2) Also, this section applies to a person who is or has been— the Minister and, in that capacity, received a report under section 138ZLD that contains protected information; or a member of the Minister’s staff and, in that capacity, was given, or given access to, a report or information mentioned in paragraph (a) .\n(sec.138ZLA-ssec.3) The following information is protected information about a person— police information about the person and information related to the police information; domestic violence information about the person and information related to the domestic violence information; disciplinary information about the person; NDIS disciplinary or misconduct information about the person; information about the person’s mental health, including, for example, information given to the chief executive under subdivision 6 ; other information about the person given to the chief executive to help the chief executive decide whether the person poses an unacceptable risk of harm to people with disability, including information about the person given to the chief executive— by the NDIS commission; or by an NDIS worker screening unit; or by a prescribed entity under section 138R .\n(sec.138ZLA-ssec.4) A person to whom this section applies must not use the protected information, or disclose or give access to the protected information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (5) . Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.138ZLA-ssec.5) The person may use the protected information, or disclose or give access to the protected information to another person, if the use, disclosure or giving of access— is for the performance of the chief executive’s screening functions; or is expressly permitted under this part; or happens with the consent of the person to whom the information relates; or for protected information other than a section 93A transcript or a transcript of a recorded statement—is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the protected information; or is otherwise required under an Act or other law.\n- (a) is or has been a public service employee employed in the department; and\n- (b) in that capacity, was given, or given access to, protected information about another person.\n- (a) the Minister and, in that capacity, received a report under section 138ZLD that contains protected information; or\n- (b) a member of the Minister’s staff and, in that capacity, was given, or given access to, a report or information mentioned in paragraph (a) .\n- (a) police information about the person and information related to the police information;\n- (b) domestic violence information about the person and information related to the domestic violence information;\n- (c) disciplinary information about the person;\n- (d) NDIS disciplinary or misconduct information about the person;\n- (e) information about the person’s mental health, including, for example, information given to the chief executive under subdivision 6 ;\n- (f) other information about the person given to the chief executive to help the chief executive decide whether the person poses an unacceptable risk of harm to people with disability, including information about the person given to the chief executive— (i) by the NDIS commission; or (ii) by an NDIS worker screening unit; or (iii) by a prescribed entity under section 138R .\n- (i) by the NDIS commission; or\n- (ii) by an NDIS worker screening unit; or\n- (iii) by a prescribed entity under section 138R .\n- (i) by the NDIS commission; or\n- (ii) by an NDIS worker screening unit; or\n- (iii) by a prescribed entity under section 138R .\n- (a) is for the performance of the chief executive’s screening functions; or\n- (b) is expressly permitted under this part; or\n- (c) happens with the consent of the person to whom the information relates; or\n- (d) for protected information other than a section 93A transcript or a transcript of a recorded statement—is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the protected information; or\n- (e) is otherwise required under an Act or other law.","sortOrder":212},{"sectionNumber":"sec.138ZLB","sectionType":"section","heading":"Confidentiality of other information obtained for screening purposes","content":"### sec.138ZLB Confidentiality of other information obtained for screening purposes\n\nThis section applies to a person who—\nis or has been—\na Minister or a member of the Minister’s staff; or\na public service employee employed in the department; and\nin that capacity, was given, or given access to, screening information.\nThe person must not use the screening information, or disclose or give access to the screening information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may use the screening information, or disclose or give access to the screening information to another person, if the use, disclosure or giving of access—\nis for the purpose of this part; or\nis for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the screening information; or\nis for the purpose of performing a function under another law; or\nis for a proceeding in a court or tribunal; or\nis authorised under a regulation or another law; or\nhappens with the consent of the person to whom the screening information relates; or\nis to protect a person with disability from abuse, neglect or exploitation.\ns 138ZLB ins 2024 No. 50 s 23\n(sec.138ZLB-ssec.1) This section applies to a person who— is or has been— a Minister or a member of the Minister’s staff; or a public service employee employed in the department; and in that capacity, was given, or given access to, screening information.\n(sec.138ZLB-ssec.2) The person must not use the screening information, or disclose or give access to the screening information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3) . Maximum penalty—100 penalty units.\n(sec.138ZLB-ssec.3) The person may use the screening information, or disclose or give access to the screening information to another person, if the use, disclosure or giving of access— is for the purpose of this part; or is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the screening information; or is for the purpose of performing a function under another law; or is for a proceeding in a court or tribunal; or is authorised under a regulation or another law; or happens with the consent of the person to whom the screening information relates; or is to protect a person with disability from abuse, neglect or exploitation.\n- (a) is or has been— (i) a Minister or a member of the Minister’s staff; or (ii) a public service employee employed in the department; and\n- (i) a Minister or a member of the Minister’s staff; or\n- (ii) a public service employee employed in the department; and\n- (b) in that capacity, was given, or given access to, screening information.\n- (i) a Minister or a member of the Minister’s staff; or\n- (ii) a public service employee employed in the department; and\n- (a) is for the purpose of this part; or\n- (b) is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the screening information; or\n- (c) is for the purpose of performing a function under another law; or\n- (d) is for a proceeding in a court or tribunal; or\n- (e) is authorised under a regulation or another law; or\n- (f) happens with the consent of the person to whom the screening information relates; or\n- (g) is to protect a person with disability from abuse, neglect or exploitation.","sortOrder":213},{"sectionNumber":"sec.138ZLC","sectionType":"section","heading":"Disclosure by chief executive","content":"### sec.138ZLC Disclosure by chief executive\n\nThe chief executive may disclose screening information to the NDIS commissioner if the chief executive is satisfied the disclosure would assist in the performance of the NDIS commissioner’s functions under the National Disability Insurance Scheme Act 2013 (Cwlth) .\nThe chief executive may disclose screening information to an entity responsible for the administration and enforcement of a corresponding law if the chief executive is satisfied the disclosure would assist in the performance of the entity’s functions under the corresponding law.\ns 138ZLC ins 2024 No. 50 s 23\n(sec.138ZLC-ssec.1) The chief executive may disclose screening information to the NDIS commissioner if the chief executive is satisfied the disclosure would assist in the performance of the NDIS commissioner’s functions under the National Disability Insurance Scheme Act 2013 (Cwlth) .\n(sec.138ZLC-ssec.2) The chief executive may disclose screening information to an entity responsible for the administration and enforcement of a corresponding law if the chief executive is satisfied the disclosure would assist in the performance of the entity’s functions under the corresponding law.","sortOrder":214},{"sectionNumber":"sec.138ZLD","sectionType":"section","heading":"Reports by chief executive","content":"### sec.138ZLD Reports by chief executive\n\nThe chief executive may provide the Minister with a report relating to the administration of this part, including the performance and exercise of the chief executive’s functions and powers under this part.\nThe chief executive must provide the Minister with a report of a type mentioned in subsection (1) if the Minister asks for it.\nA report under this section—\nmay relate to matters generally or to a particular matter; or\nmay include confidential information about a person obtained under this part, including—\nprotected information under section 138ZLA ; and\nscreening information.\nThe chief executive must ensure the department’s annual report under the Financial Accountability Act 2009 for a financial year includes information about the number of times the Minister asked the chief executive for a report under this section during the year.\ns 138ZLD ins 2024 No. 50 s 23\n(sec.138ZLD-ssec.1) The chief executive may provide the Minister with a report relating to the administration of this part, including the performance and exercise of the chief executive’s functions and powers under this part.\n(sec.138ZLD-ssec.2) The chief executive must provide the Minister with a report of a type mentioned in subsection (1) if the Minister asks for it.\n(sec.138ZLD-ssec.3) A report under this section— may relate to matters generally or to a particular matter; or may include confidential information about a person obtained under this part, including— protected information under section 138ZLA ; and screening information.\n(sec.138ZLD-ssec.4) The chief executive must ensure the department’s annual report under the Financial Accountability Act 2009 for a financial year includes information about the number of times the Minister asked the chief executive for a report under this section during the year.\n- (a) may relate to matters generally or to a particular matter; or\n- (b) may include confidential information about a person obtained under this part, including— (i) protected information under section 138ZLA ; and (ii) screening information.\n- (i) protected information under section 138ZLA ; and\n- (ii) screening information.\n- (i) protected information under section 138ZLA ; and\n- (ii) screening information.","sortOrder":215},{"sectionNumber":"sec.138ZM","sectionType":"section","heading":"Chief executive may advise whether clearance or interstate NDIS clearance is in force","content":"### sec.138ZM Chief executive may advise whether clearance or interstate NDIS clearance is in force\n\nThis section applies if a person (the requester )—\nasks the chief executive whether, when the request is made, a clearance or interstate NDIS clearance held by another person is in force; and\nin making the request, gives the chief executive—\nthe other person’s name in which the person’s clearance is issued; and\nthe number of the other person’s clearance; and\nmakes the request in the approved form and in an approved way.\nThe chief executive may tell the requester whether or not the other person’s clearance or interstate NDIS clearance is in force at the time.\ns 138ZM ins 2020 No. 39 s 11\n(sec.138ZM-ssec.1) This section applies if a person (the requester )— asks the chief executive whether, when the request is made, a clearance or interstate NDIS clearance held by another person is in force; and in making the request, gives the chief executive— the other person’s name in which the person’s clearance is issued; and the number of the other person’s clearance; and makes the request in the approved form and in an approved way.\n(sec.138ZM-ssec.2) The chief executive may tell the requester whether or not the other person’s clearance or interstate NDIS clearance is in force at the time.\n- (a) asks the chief executive whether, when the request is made, a clearance or interstate NDIS clearance held by another person is in force; and\n- (b) in making the request, gives the chief executive— (i) the other person’s name in which the person’s clearance is issued; and (ii) the number of the other person’s clearance; and\n- (i) the other person’s name in which the person’s clearance is issued; and\n- (ii) the number of the other person’s clearance; and\n- (c) makes the request in the approved form and in an approved way.\n- (i) the other person’s name in which the person’s clearance is issued; and\n- (ii) the number of the other person’s clearance; and","sortOrder":216},{"sectionNumber":"sec.138ZN","sectionType":"section","heading":"Arrangements with chief executive (working with children) about asking for and giving information","content":"### sec.138ZN Arrangements with chief executive (working with children) about asking for and giving information\n\nThe chief executive must enter into a written arrangement with the chief executive (working with children) about—\nasking the chief executive (working with children) for information, or giving the chief executive (working with children) information, under this part or the Working with Children Check Act 2000 ; and\nthe chief executive (working with children) asking the chief executive, or giving the chief executive information, under this part or the Working with Children Check Act 2000 .\nWithout limiting subsection (1) , the arrangement may provide—\nfor information to be asked for and given electronically, including on a daily basis; or\nfor information to be given by way of providing electronic access to the information.\nIf the arrangement provides for information to be given or accessed electronically and, under this Act or another law, there is a limitation on who may be given the information or access to the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\ns 138ZN ins 2020 No. 39 s 11\namd 2024 No. 49 s 130 sch 4 pt 2\n(sec.138ZN-ssec.1) The chief executive must enter into a written arrangement with the chief executive (working with children) about— asking the chief executive (working with children) for information, or giving the chief executive (working with children) information, under this part or the Working with Children Check Act 2000 ; and the chief executive (working with children) asking the chief executive, or giving the chief executive information, under this part or the Working with Children Check Act 2000 .\n(sec.138ZN-ssec.2) Without limiting subsection (1) , the arrangement may provide— for information to be asked for and given electronically, including on a daily basis; or for information to be given by way of providing electronic access to the information.\n(sec.138ZN-ssec.3) If the arrangement provides for information to be given or accessed electronically and, under this Act or another law, there is a limitation on who may be given the information or access to the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\n- (a) asking the chief executive (working with children) for information, or giving the chief executive (working with children) information, under this part or the Working with Children Check Act 2000 ; and\n- (b) the chief executive (working with children) asking the chief executive, or giving the chief executive information, under this part or the Working with Children Check Act 2000 .\n- (a) for information to be asked for and given electronically, including on a daily basis; or\n- (b) for information to be given by way of providing electronic access to the information.","sortOrder":217},{"sectionNumber":"sec.138ZO","sectionType":"section","heading":"Arrangements with police commissioner or other entity about asking for and giving information","content":"### sec.138ZO Arrangements with police commissioner or other entity about asking for and giving information\n\nThe chief executive may enter into a written arrangement with the police commissioner or another entity about asking for, or giving, information under this part.\nWithout limiting subsection (1) , the arrangement may provide—\nfor information to be asked for and given electronically, including on a daily basis; or\nfor information to be given by way of providing electronic access to the information.\nIf the arrangement provides for information to be given or accessed electronically and, under this Act or another law, there is a limitation on who may be given the information or access to the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\ns 138ZO ins 2020 No. 39 s 11\n(sec.138ZO-ssec.1) The chief executive may enter into a written arrangement with the police commissioner or another entity about asking for, or giving, information under this part.\n(sec.138ZO-ssec.2) Without limiting subsection (1) , the arrangement may provide— for information to be asked for and given electronically, including on a daily basis; or for information to be given by way of providing electronic access to the information.\n(sec.138ZO-ssec.3) If the arrangement provides for information to be given or accessed electronically and, under this Act or another law, there is a limitation on who may be given the information or access to the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\n- (a) for information to be asked for and given electronically, including on a daily basis; or\n- (b) for information to be given by way of providing electronic access to the information.","sortOrder":218},{"sectionNumber":"sec.138ZP","sectionType":"section","heading":"Guidelines for dealing with information","content":"### sec.138ZP Guidelines for dealing with information\n\nThe chief executive must make guidelines, consistent with this Act, for dealing with information the chief executive obtains under this part.\nThe purpose of the guidelines is to ensure that, in the performance of the chief executive’s screening functions—\nnatural justice is afforded to persons about whom information is obtained; and\nonly relevant information is used to make decisions under this part; and\ndecisions under this part, based on the information, are made consistently.\nThe chief executive must give a copy of the guidelines to a person, free of charge, on request.\ns 138ZP ins 2020 No. 39 s 11\n(sec.138ZP-ssec.1) The chief executive must make guidelines, consistent with this Act, for dealing with information the chief executive obtains under this part.\n(sec.138ZP-ssec.2) The purpose of the guidelines is to ensure that, in the performance of the chief executive’s screening functions— natural justice is afforded to persons about whom information is obtained; and only relevant information is used to make decisions under this part; and decisions under this part, based on the information, are made consistently.\n(sec.138ZP-ssec.3) The chief executive must give a copy of the guidelines to a person, free of charge, on request.\n- (a) natural justice is afforded to persons about whom information is obtained; and\n- (b) only relevant information is used to make decisions under this part; and\n- (c) decisions under this part, based on the information, are made consistently.","sortOrder":219},{"sectionNumber":"sec.138ZQ","sectionType":"section","heading":"Chief executive must give person’s current address to police commissioner","content":"### sec.138ZQ Chief executive must give person’s current address to police commissioner\n\nIf the police commissioner is required to give a notice to a person under this part, the police commissioner may, by notice—\nstate the person’s address or addresses known to the police commissioner; and\nask whether the chief executive knows other information about the person’s address.\nThe chief executive must give the police commissioner other information about the person’s address known to the chief executive.\nThe information must not be used, disclosed or accessed for a purpose other than to give a notice to the person under this part.\ns 138ZQ ins 2020 No. 39 s 11\n(sec.138ZQ-ssec.1) If the police commissioner is required to give a notice to a person under this part, the police commissioner may, by notice— state the person’s address or addresses known to the police commissioner; and ask whether the chief executive knows other information about the person’s address.\n(sec.138ZQ-ssec.2) The chief executive must give the police commissioner other information about the person’s address known to the chief executive.\n(sec.138ZQ-ssec.3) The information must not be used, disclosed or accessed for a purpose other than to give a notice to the person under this part.\n- (a) state the person’s address or addresses known to the police commissioner; and\n- (b) ask whether the chief executive knows other information about the person’s address.","sortOrder":220},{"sectionNumber":"pt.5-div.9","sectionType":"division","heading":"Review and appeal","content":"## Review and appeal","sortOrder":221},{"sectionNumber":"sec.138ZR","sectionType":"section","heading":"Reviewable decisions and affected persons","content":"### sec.138ZR Reviewable decisions and affected persons\n\nEach of the following decisions of the chief executive is a reviewable decision —\na decision to issue an exclusion to a person;\na decision, on the application of a person under section 85 (3) , not to end the interim bar imposed on the person;\na decision under section 116 (4) (b) not to end the suspension of the person’s clearance;\na decision, on the application of a person under section 130 to cancel the person’s exclusion, to refuse the application.\nA person mentioned in subsection (1) in relation to a reviewable decision is the affected person for the decision.\ns 138ZR ins 2020 No. 39 s 11\n(sec.138ZR-ssec.1) Each of the following decisions of the chief executive is a reviewable decision — a decision to issue an exclusion to a person; a decision, on the application of a person under section 85 (3) , not to end the interim bar imposed on the person; a decision under section 116 (4) (b) not to end the suspension of the person’s clearance; a decision, on the application of a person under section 130 to cancel the person’s exclusion, to refuse the application.\n(sec.138ZR-ssec.2) A person mentioned in subsection (1) in relation to a reviewable decision is the affected person for the decision.\n- (a) a decision to issue an exclusion to a person;\n- (b) a decision, on the application of a person under section 85 (3) , not to end the interim bar imposed on the person;\n- (c) a decision under section 116 (4) (b) not to end the suspension of the person’s clearance;\n- (d) a decision, on the application of a person under section 130 to cancel the person’s exclusion, to refuse the application.","sortOrder":222},{"sectionNumber":"sec.138ZS","sectionType":"section","heading":"Review process must start with internal review","content":"### sec.138ZS Review process must start with internal review\n\nAn affected person for a reviewable decision may apply to the tribunal for a review of the decision only if—\nthe affected person has applied for an internal review of the decision; and\nthe internal review application has been decided, or is taken to have been decided, under this division.\ns 138ZS ins 2020 No. 39 s 11\n- (a) the affected person has applied for an internal review of the decision; and\n- (b) the internal review application has been decided, or is taken to have been decided, under this division.","sortOrder":223},{"sectionNumber":"sec.138ZT","sectionType":"section","heading":"Who may apply for internal review","content":"### sec.138ZT Who may apply for internal review\n\nAn affected person for a reviewable decision may apply to the chief executive for a review of the decision under this division (an internal review ).\nHowever, if the chief executive made the reviewable decision because the affected person is a disqualified person, the affected person may apply for an internal review of the decision only on the ground that the chief executive mistakenly identified the person as a disqualified person.\nIf an affected person for a reviewable decision has not been given a notice about the decision and the reasons for the decision (an information notice ), the affected person may ask the chief executive for a notice about the decision and reasons.\nA failure by the chief executive to give the affected person an information notice about the reviewable decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.\ns 138ZT ins 2020 No. 39 s 11\n(sec.138ZT-ssec.1) An affected person for a reviewable decision may apply to the chief executive for a review of the decision under this division (an internal review ).\n(sec.138ZT-ssec.2) However, if the chief executive made the reviewable decision because the affected person is a disqualified person, the affected person may apply for an internal review of the decision only on the ground that the chief executive mistakenly identified the person as a disqualified person.\n(sec.138ZT-ssec.3) If an affected person for a reviewable decision has not been given a notice about the decision and the reasons for the decision (an information notice ), the affected person may ask the chief executive for a notice about the decision and reasons.\n(sec.138ZT-ssec.4) A failure by the chief executive to give the affected person an information notice about the reviewable decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.","sortOrder":224},{"sectionNumber":"sec.138ZU","sectionType":"section","heading":"Requirements for application","content":"### sec.138ZU Requirements for application\n\nAn application for internal review of a reviewable decision must—\nbe made in the approved form and in an approved way; and\nbe made to the chief executive within—\nfor a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\nfor a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\nSee also section 138L for the circumstances in which a person may apply for internal review of a reviewable decision after the day mentioned in this section.\nThe chief executive may, at any time, extend the period within which the application may be made.\nThe application does not affect the operation of the reviewable decision or prevent the decision being implemented.\nIn this section—\ninformation notice , for a reviewable decision, see section 138ZT (3) .\ns 138ZU ins 2020 No. 39 s 11\n(sec.138ZU-ssec.1) An application for internal review of a reviewable decision must— be made in the approved form and in an approved way; and be made to the chief executive within— for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision. See also section 138L for the circumstances in which a person may apply for internal review of a reviewable decision after the day mentioned in this section.\n(sec.138ZU-ssec.2) The chief executive may, at any time, extend the period within which the application may be made.\n(sec.138ZU-ssec.3) The application does not affect the operation of the reviewable decision or prevent the decision being implemented.\n(sec.138ZU-ssec.4) In this section— information notice , for a reviewable decision, see section 138ZT (3) .\n- (a) be made in the approved form and in an approved way; and\n- (b) be made to the chief executive within— (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or (ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision. Note— See also section 138L for the circumstances in which a person may apply for internal review of a reviewable decision after the day mentioned in this section.\n- (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\n- (ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n- (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\n- (ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.","sortOrder":225},{"sectionNumber":"sec.138ZV","sectionType":"section","heading":"Internal review","content":"### sec.138ZV Internal review\n\nThe chief executive must, within 28 days after receiving an application for internal review of a reviewable decision—\nreview the reviewable decision; and\ndecide to—\nconfirm the reviewable decision; or\nsubstitute another decision for the reviewable decision; and\ngive the affected person for the reviewable decision a QCAT information notice for the chief executive’s decision.\nThe chief executive may give the affected person notice extending, for a further 28 days, the period for the chief executive to comply with subsection (1) .\nThe application may be dealt with only by a person who—\ndid not make the reviewable decision; and\nholds a more senior office than the person who made the reviewable decision.\nSubsection (3) does not apply to a reviewable decision made by the chief executive personally.\nIf the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period notified under subsection (2) , the chief executive is taken to confirm the reviewable decision.\ns 138ZV ins 2020 No. 39 s 11\n(sec.138ZV-ssec.1) The chief executive must, within 28 days after receiving an application for internal review of a reviewable decision— review the reviewable decision; and decide to— confirm the reviewable decision; or substitute another decision for the reviewable decision; and give the affected person for the reviewable decision a QCAT information notice for the chief executive’s decision.\n(sec.138ZV-ssec.2) The chief executive may give the affected person notice extending, for a further 28 days, the period for the chief executive to comply with subsection (1) .\n(sec.138ZV-ssec.3) The application may be dealt with only by a person who— did not make the reviewable decision; and holds a more senior office than the person who made the reviewable decision.\n(sec.138ZV-ssec.4) Subsection (3) does not apply to a reviewable decision made by the chief executive personally.\n(sec.138ZV-ssec.5) If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period notified under subsection (2) , the chief executive is taken to confirm the reviewable decision.\n- (a) review the reviewable decision; and\n- (b) decide to— (i) confirm the reviewable decision; or (ii) substitute another decision for the reviewable decision; and\n- (i) confirm the reviewable decision; or\n- (ii) substitute another decision for the reviewable decision; and\n- (c) give the affected person for the reviewable decision a QCAT information notice for the chief executive’s decision.\n- (i) confirm the reviewable decision; or\n- (ii) substitute another decision for the reviewable decision; and\n- (a) did not make the reviewable decision; and\n- (b) holds a more senior office than the person who made the reviewable decision.","sortOrder":226},{"sectionNumber":"sec.138ZW","sectionType":"section","heading":"Applying for external review","content":"### sec.138ZW Applying for external review\n\nThis section applies to a person who must be given a QCAT information notice for an internal review decision.\nThe person may apply to the tribunal, as provided under the QCAT Act , for a review of the internal review decision.\ns 138ZW ins 2020 No. 39 s 11\n(sec.138ZW-ssec.1) This section applies to a person who must be given a QCAT information notice for an internal review decision.\n(sec.138ZW-ssec.2) The person may apply to the tribunal, as provided under the QCAT Act , for a review of the internal review decision.","sortOrder":227},{"sectionNumber":"sec.138ZX","sectionType":"section","heading":"Stay of operation of particular tribunal decisions","content":"### sec.138ZX Stay of operation of particular tribunal decisions\n\nThis section applies if, on an application for a review of an internal review decision under section 138ZW , the tribunal sets aside the internal review decision and decides to—\nissue a clearance to a person; or\nend an interim bar imposed on a person; or\nend the suspension of a person’s clearance.\nThe tribunal’s decision does not take effect until—\nthe end of the period within which an appeal against the tribunal’s decision may be started; or\nif an appeal against the tribunal’s decision is started—the appeal is decided or withdrawn.\nThis section applies despite the QCAT Act , sections 145 and 152 .\ns 138ZX ins 2020 No. 39 s 11\n(sec.138ZX-ssec.1) This section applies if, on an application for a review of an internal review decision under section 138ZW , the tribunal sets aside the internal review decision and decides to— issue a clearance to a person; or end an interim bar imposed on a person; or end the suspension of a person’s clearance.\n(sec.138ZX-ssec.2) The tribunal’s decision does not take effect until— the end of the period within which an appeal against the tribunal’s decision may be started; or if an appeal against the tribunal’s decision is started—the appeal is decided or withdrawn.\n(sec.138ZX-ssec.3) This section applies despite the QCAT Act , sections 145 and 152 .\n- (a) issue a clearance to a person; or\n- (b) end an interim bar imposed on a person; or\n- (c) end the suspension of a person’s clearance.\n- (a) the end of the period within which an appeal against the tribunal’s decision may be started; or\n- (b) if an appeal against the tribunal’s decision is started—the appeal is decided or withdrawn.","sortOrder":228},{"sectionNumber":"sec.138ZY","sectionType":"section","heading":"Effect of applicant for review becoming disqualified person","content":"### sec.138ZY Effect of applicant for review becoming disqualified person\n\nThis section applies if—\nan affected person for a reviewable decision applies—\nto the chief executive for an internal review of the decision; or\nto the tribunal for a review of an internal review decision; and\nafter making the application, the affected person becomes a disqualified person.\nThe application and any proceeding that relates to the application must be dismissed.\nSubsection (2) applies to a proceeding before the tribunal, even if dismissal would be contrary to a direction of the Court of Appeal.\nAny appeal from a decision of the tribunal that relates to the application must also be dismissed.\ns 138ZY ins 2020 No. 39 s 11\n(sec.138ZY-ssec.1) This section applies if— an affected person for a reviewable decision applies— to the chief executive for an internal review of the decision; or to the tribunal for a review of an internal review decision; and after making the application, the affected person becomes a disqualified person.\n(sec.138ZY-ssec.2) The application and any proceeding that relates to the application must be dismissed.\n(sec.138ZY-ssec.3) Subsection (2) applies to a proceeding before the tribunal, even if dismissal would be contrary to a direction of the Court of Appeal.\n(sec.138ZY-ssec.4) Any appeal from a decision of the tribunal that relates to the application must also be dismissed.\n- (a) an affected person for a reviewable decision applies— (i) to the chief executive for an internal review of the decision; or (ii) to the tribunal for a review of an internal review decision; and\n- (i) to the chief executive for an internal review of the decision; or\n- (ii) to the tribunal for a review of an internal review decision; and\n- (b) after making the application, the affected person becomes a disqualified person.\n- (i) to the chief executive for an internal review of the decision; or\n- (ii) to the tribunal for a review of an internal review decision; and","sortOrder":229},{"sectionNumber":"pt.5-div.10","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":230},{"sectionNumber":"sec.138ZZ","sectionType":"section","heading":"False or misleading information","content":"### sec.138ZZ False or misleading information\n\nA person must not, for this part, give information, or a document containing information, that the person knows is false or misleading in a material particular to—\nthe chief executive; or\nan NDIS service provider or funded service provider that engages, or is proposing to engage, the person.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 138ZZ ins 2020 No. 39 s 11\n- (a) the chief executive; or\n- (b) an NDIS service provider or funded service provider that engages, or is proposing to engage, the person.","sortOrder":231},{"sectionNumber":"sec.138ZZA","sectionType":"section","heading":"Chief executive may arrange for use of information system","content":"### sec.138ZZA Chief executive may arrange for use of information system\n\nThe chief executive may approve a system (an information system ) for—\ngenerating, sending, receiving, storing or otherwise processing electronic communications between the chief executive and another person under this part; or\ngenerating a decision of the chief executive under this part, other than a decision—\nthat requires the chief executive to conduct a risk assessment of a person before making the decision; or\nprescribed by regulation as a decision that may not be generated by the information system.\nThe chief executive must take all reasonable steps to ensure that a decision generated by the information system is correct.\nA decision generated by the information system is taken to be a decision made by the chief executive under this part.\nThe chief executive may make a decision in substitution for a decision the chief executive is taken to have made under subsection (3) if the chief executive is satisfied that the decision generated by the information system is incorrect.\ns 138ZZA ins 2020 No. 39 s 11\n(sec.138ZZA-ssec.1) The chief executive may approve a system (an information system ) for— generating, sending, receiving, storing or otherwise processing electronic communications between the chief executive and another person under this part; or generating a decision of the chief executive under this part, other than a decision— that requires the chief executive to conduct a risk assessment of a person before making the decision; or prescribed by regulation as a decision that may not be generated by the information system.\n(sec.138ZZA-ssec.2) The chief executive must take all reasonable steps to ensure that a decision generated by the information system is correct.\n(sec.138ZZA-ssec.3) A decision generated by the information system is taken to be a decision made by the chief executive under this part.\n(sec.138ZZA-ssec.4) The chief executive may make a decision in substitution for a decision the chief executive is taken to have made under subsection (3) if the chief executive is satisfied that the decision generated by the information system is incorrect.\n- (a) generating, sending, receiving, storing or otherwise processing electronic communications between the chief executive and another person under this part; or\n- (b) generating a decision of the chief executive under this part, other than a decision— (i) that requires the chief executive to conduct a risk assessment of a person before making the decision; or (ii) prescribed by regulation as a decision that may not be generated by the information system.\n- (i) that requires the chief executive to conduct a risk assessment of a person before making the decision; or\n- (ii) prescribed by regulation as a decision that may not be generated by the information system.\n- (i) that requires the chief executive to conduct a risk assessment of a person before making the decision; or\n- (ii) prescribed by regulation as a decision that may not be generated by the information system.","sortOrder":232},{"sectionNumber":"sec.138ZZB","sectionType":"section","heading":"Notice given to notifiable person by NDIS commission","content":"### sec.138ZZB Notice given to notifiable person by NDIS commission\n\nThis section applies if—\nanother provision of this part requires the chief executive to give a notice about a person to a notifiable person for the person; and\nthe person—\nis the applicant for an NDIS worker screening application; or\nholds an NDIS clearance, NDIS exclusion, interstate NDIS clearance or interstate NDIS exclusion.\nDespite the other provision, the chief executive is not required to give the notice to the notifiable person if the chief executive, under an arrangement mentioned in section 138ZI (1) (a) —\nhas given the NDIS commission the information about the person that is required, under the provision, to be included in the notice; and\nis satisfied the information has been, or will be, communicated to the notifiable person by the NDIS commission, including, for example, electronically through the NDIS worker screening database.\nFor this part, information about a person communicated to a notifiable person by the NDIS commission as mentioned in subsection (2) is taken to have been given to the notifiable person in a notice by the chief executive under the other provision.\ns 138ZZB ins 2020 No. 39 s 11\n(sec.138ZZB-ssec.1) This section applies if— another provision of this part requires the chief executive to give a notice about a person to a notifiable person for the person; and the person— is the applicant for an NDIS worker screening application; or holds an NDIS clearance, NDIS exclusion, interstate NDIS clearance or interstate NDIS exclusion.\n(sec.138ZZB-ssec.2) Despite the other provision, the chief executive is not required to give the notice to the notifiable person if the chief executive, under an arrangement mentioned in section 138ZI (1) (a) — has given the NDIS commission the information about the person that is required, under the provision, to be included in the notice; and is satisfied the information has been, or will be, communicated to the notifiable person by the NDIS commission, including, for example, electronically through the NDIS worker screening database.\n(sec.138ZZB-ssec.3) For this part, information about a person communicated to a notifiable person by the NDIS commission as mentioned in subsection (2) is taken to have been given to the notifiable person in a notice by the chief executive under the other provision.\n- (a) another provision of this part requires the chief executive to give a notice about a person to a notifiable person for the person; and\n- (b) the person— (i) is the applicant for an NDIS worker screening application; or (ii) holds an NDIS clearance, NDIS exclusion, interstate NDIS clearance or interstate NDIS exclusion.\n- (i) is the applicant for an NDIS worker screening application; or\n- (ii) holds an NDIS clearance, NDIS exclusion, interstate NDIS clearance or interstate NDIS exclusion.\n- (i) is the applicant for an NDIS worker screening application; or\n- (ii) holds an NDIS clearance, NDIS exclusion, interstate NDIS clearance or interstate NDIS exclusion.\n- (a) has given the NDIS commission the information about the person that is required, under the provision, to be included in the notice; and\n- (b) is satisfied the information has been, or will be, communicated to the notifiable person by the NDIS commission, including, for example, electronically through the NDIS worker screening database.","sortOrder":233},{"sectionNumber":"pt.5-div.11","sectionType":"division","heading":null,"content":"","sortOrder":234},{"sectionNumber":"pt.6","sectionType":"part","heading":"Positive behaviour support and restrictive practices","content":"# Positive behaviour support and restrictive practices","sortOrder":235},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":236},{"sectionNumber":"sec.139","sectionType":"section","heading":"Purpose of part","content":"### sec.139 Purpose of part\n\nThe purpose of this part is to protect the rights of adults with an intellectual or cognitive disability by—\nstating principles to be taken into account by relevant service providers in providing disability services or NDIS supports or services to those adults with behaviour that causes harm to themselves or others; and\nregulating the use of restrictive practices by relevant service providers in relation to those adults in a way that—\nhas regard to the human rights of those adults; and\nsafeguards them and others from harm; and\nmaximises the opportunity for positive outcomes and aims to reduce or eliminate the need for use of the restrictive practices; and\nensures transparency and accountability in the use of the restrictive practices.\ns 139 prev s 139 om 2014 No. 12 s 59\npres s 139 ins 2008 No. 23 s 7\nsub 2014 No. 5 s 5\namd 2019 No. 19 s 18 ; 2020 No. 39 s 12\n- (a) stating principles to be taken into account by relevant service providers in providing disability services or NDIS supports or services to those adults with behaviour that causes harm to themselves or others; and\n- (b) regulating the use of restrictive practices by relevant service providers in relation to those adults in a way that— (i) has regard to the human rights of those adults; and (ii) safeguards them and others from harm; and (iii) maximises the opportunity for positive outcomes and aims to reduce or eliminate the need for use of the restrictive practices; and (iv) ensures transparency and accountability in the use of the restrictive practices.\n- (i) has regard to the human rights of those adults; and\n- (ii) safeguards them and others from harm; and\n- (iii) maximises the opportunity for positive outcomes and aims to reduce or eliminate the need for use of the restrictive practices; and\n- (iv) ensures transparency and accountability in the use of the restrictive practices.\n- (i) has regard to the human rights of those adults; and\n- (ii) safeguards them and others from harm; and\n- (iii) maximises the opportunity for positive outcomes and aims to reduce or eliminate the need for use of the restrictive practices; and\n- (iv) ensures transparency and accountability in the use of the restrictive practices.","sortOrder":237},{"sectionNumber":"sec.140","sectionType":"section","heading":"Application of part","content":"### sec.140 Application of part\n\nThis part applies in relation to the following service providers that provide disability services or NDIS supports or services to an adult with an intellectual or cognitive disability—\nan NDIS service provider;\na funded service provider;\nthe department;\nanother service provider prescribed by regulation for this section.\nHowever, this part does not apply in relation to a service provider—\nprescribed by regulation; or\nto the extent the service provider is providing disability services or NDIS supports or services prescribed by regulation.\nA service provider is a relevant service provider to the extent this part applies in relation to the provider under subsections (1) and (2) .\nTo remove any doubt, it is declared that this part applies in relation to a relevant service provider in relation to the provision of disability services or NDIS supports or services to all adults with an intellectual or cognitive disability receiving disability services or NDIS supports or services from the provider even if particular disability services or NDIS supports or services are not provided with funding received from the Commonwealth or the State.\nFor when this part applies to a forensic disability client, see also the Forensic Disability Act 2011 , section 47 .\ns 140 prev s 140 om 2014 No. 12 s 59\npres s 140 ins 2008 No. 23 s 7\namd 2011 No. 13 s 179 ; 2014 No. 5 s 6\nsub 2019 No. 19 s 19\namd 2020 No. 39 s 13\n(sec.140-ssec.1) This part applies in relation to the following service providers that provide disability services or NDIS supports or services to an adult with an intellectual or cognitive disability— an NDIS service provider; a funded service provider; the department; another service provider prescribed by regulation for this section.\n(sec.140-ssec.2) However, this part does not apply in relation to a service provider— prescribed by regulation; or to the extent the service provider is providing disability services or NDIS supports or services prescribed by regulation.\n(sec.140-ssec.3) A service provider is a relevant service provider to the extent this part applies in relation to the provider under subsections (1) and (2) .\n(sec.140-ssec.4) To remove any doubt, it is declared that this part applies in relation to a relevant service provider in relation to the provision of disability services or NDIS supports or services to all adults with an intellectual or cognitive disability receiving disability services or NDIS supports or services from the provider even if particular disability services or NDIS supports or services are not provided with funding received from the Commonwealth or the State.\n- (a) an NDIS service provider;\n- (b) a funded service provider;\n- (c) the department;\n- (d) another service provider prescribed by regulation for this section.\n- (a) prescribed by regulation; or\n- (b) to the extent the service provider is providing disability services or NDIS supports or services prescribed by regulation.","sortOrder":238},{"sectionNumber":"sec.141","sectionType":"section","heading":"Principles for performing functions etc.","content":"### sec.141 Principles for performing functions etc.\n\nThis section applies to an entity, including a relevant service provider, that performs a function, or exercises a power, under this part.\nDespite section 17 , the entity must have regard to the human rights principle in performing the function or exercising the power.\ns 141 prev s 141 om 2014 No. 12 s 59\npres s 141 ins 2008 No. 23 s 7\namd 2019 No. 19 s 81 sch 1\n(sec.141-ssec.1) This section applies to an entity, including a relevant service provider, that performs a function, or exercises a power, under this part.\n(sec.141-ssec.2) Despite section 17 , the entity must have regard to the human rights principle in performing the function or exercising the power.","sortOrder":239},{"sectionNumber":"sec.142","sectionType":"section","heading":"Principles for providing disability services or NDIS supports or services to particular adults","content":"### sec.142 Principles for providing disability services or NDIS supports or services to particular adults\n\nThis section applies to an adult with an intellectual or cognitive disability if the adult’s behaviour causes harm to the adult or others.\nA relevant service provider must provide disability services or NDIS supports or services to the adult in a way that—\npromotes the adult’s—\ndevelopment and physical, mental, social and vocational ability; and\nopportunities for participation and inclusion in the community; and\nresponds to the adult’s needs and goals; and\nensures the adult and their family and friends are given an opportunity to participate in the development of strategies for the care and support of the adult; and\ninvolves—\npositive behaviour support planning informed by evidence-based best practice; and\nthe implementation of strategies, to produce behavioural change, focussed on skills development and environmental design; and\nensures transparency and accountability in the use of restrictive practices; and\nrecognises that restrictive practices should only be used—\nwhen necessary to prevent harm to the adult or others; and\nif the use is the least restrictive way of ensuring the safety of the adult or others; and\nrecognises that restrictive practices should not be used punitively or in response to behaviour that does not cause harm to the adult or others; and\naims to reduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others; and\naims to reduce or eliminate the need to use restrictive practices; and\nif there is a positive behaviour support plan for the adult—ensures restrictive practices are only used consistent with the plan.\nHarm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .\ns 142 prev s 142 om 2014 No. 12 s 59\npres s 142 ins 2014 No. 5 s 7\namd 2020 No. 39 s 70 sch 1\n(sec.142-ssec.1) This section applies to an adult with an intellectual or cognitive disability if the adult’s behaviour causes harm to the adult or others.\n(sec.142-ssec.2) A relevant service provider must provide disability services or NDIS supports or services to the adult in a way that— promotes the adult’s— development and physical, mental, social and vocational ability; and opportunities for participation and inclusion in the community; and responds to the adult’s needs and goals; and ensures the adult and their family and friends are given an opportunity to participate in the development of strategies for the care and support of the adult; and involves— positive behaviour support planning informed by evidence-based best practice; and the implementation of strategies, to produce behavioural change, focussed on skills development and environmental design; and ensures transparency and accountability in the use of restrictive practices; and recognises that restrictive practices should only be used— when necessary to prevent harm to the adult or others; and if the use is the least restrictive way of ensuring the safety of the adult or others; and recognises that restrictive practices should not be used punitively or in response to behaviour that does not cause harm to the adult or others; and aims to reduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others; and aims to reduce or eliminate the need to use restrictive practices; and if there is a positive behaviour support plan for the adult—ensures restrictive practices are only used consistent with the plan. Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .\n- (a) promotes the adult’s— (i) development and physical, mental, social and vocational ability; and (ii) opportunities for participation and inclusion in the community; and\n- (i) development and physical, mental, social and vocational ability; and\n- (ii) opportunities for participation and inclusion in the community; and\n- (b) responds to the adult’s needs and goals; and\n- (c) ensures the adult and their family and friends are given an opportunity to participate in the development of strategies for the care and support of the adult; and\n- (d) involves— (i) positive behaviour support planning informed by evidence-based best practice; and (ii) the implementation of strategies, to produce behavioural change, focussed on skills development and environmental design; and\n- (i) positive behaviour support planning informed by evidence-based best practice; and\n- (ii) the implementation of strategies, to produce behavioural change, focussed on skills development and environmental design; and\n- (e) ensures transparency and accountability in the use of restrictive practices; and\n- (f) recognises that restrictive practices should only be used— (i) when necessary to prevent harm to the adult or others; and (ii) if the use is the least restrictive way of ensuring the safety of the adult or others; and\n- (i) when necessary to prevent harm to the adult or others; and\n- (ii) if the use is the least restrictive way of ensuring the safety of the adult or others; and\n- (g) recognises that restrictive practices should not be used punitively or in response to behaviour that does not cause harm to the adult or others; and\n- (h) aims to reduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others; and\n- (i) aims to reduce or eliminate the need to use restrictive practices; and\n- (j) if there is a positive behaviour support plan for the adult—ensures restrictive practices are only used consistent with the plan.\n- (i) development and physical, mental, social and vocational ability; and\n- (ii) opportunities for participation and inclusion in the community; and\n- (i) positive behaviour support planning informed by evidence-based best practice; and\n- (ii) the implementation of strategies, to produce behavioural change, focussed on skills development and environmental design; and\n- (i) when necessary to prevent harm to the adult or others; and\n- (ii) if the use is the least restrictive way of ensuring the safety of the adult or others; and","sortOrder":240},{"sectionNumber":"sec.143","sectionType":"section","heading":"Explanation of operation of pt 6","content":"### sec.143 Explanation of operation of pt 6\n\nThis part states the circumstances in which a relevant service provider is authorised under this part to use a restrictive practice in relation to an adult with an intellectual or cognitive disability.\nSubsections (3) and (4) explain generally the circumstances in which a relevant service provider may be authorised under this part to use a restrictive practice in relation to an adult with an intellectual or cognitive disability.\nUse of the restrictive practice may be authorised if the following are satisfied—\nfor containment or seclusion, or an associated restrictive practice—\na positive behaviour support plan is prepared for the adult by the chief executive; and\nuse of the restrictive practice is approved by the tribunal;\nfor any other restrictive practice—\na positive behaviour support plan is prepared for the adult by the relevant service provider; and\nuse of the restrictive practice is consented to by a guardian for a restrictive practice (general) matter for the adult or, in some cases, an informal decision-maker for the adult;\nfor all restrictive practices, use of the restrictive practice—\nis necessary to prevent the adult’s behaviour causing harm to the adult or others; and\nis the least restrictive way of ensuring the safety of the adult or others; and\ncomplies with the positive behaviour support plan for the adult.\nSome other requirements must also be complied with for the relevant service provider to be authorised to use the restrictive practice. See section 151 (for containment or seclusion) or 166 (for use of other restrictive practices).\nAlso, use of a restrictive practice may be authorised if—\nthe restrictive practice is used in the course of providing respite services or community access services to the adult; or\nthere is an immediate and serious risk of harm to the adult or others.\nSee—\nsections 152 , 167 and 168 for use of restrictive practices in the course of providing respite services or community access services\nsections 153 and 170 for use of restrictive practices if there is an immediate and serious risk of harm to the adult or others.\nIn this section—\nassociated restrictive practice means a restrictive practice other than containment or seclusion, relating to the adult who is the subject of a containment or seclusion approval.\ns 143 prev s 143 om 2014 No. 12 s 59\npres s 143 ins 2008 No. 23 s 7\namd 2009 No. 24 s 55; 2019 No. 19 s 20\n(sec.143-ssec.1) This part states the circumstances in which a relevant service provider is authorised under this part to use a restrictive practice in relation to an adult with an intellectual or cognitive disability.\n(sec.143-ssec.2) Subsections (3) and (4) explain generally the circumstances in which a relevant service provider may be authorised under this part to use a restrictive practice in relation to an adult with an intellectual or cognitive disability.\n(sec.143-ssec.3) Use of the restrictive practice may be authorised if the following are satisfied— for containment or seclusion, or an associated restrictive practice— a positive behaviour support plan is prepared for the adult by the chief executive; and use of the restrictive practice is approved by the tribunal; for any other restrictive practice— a positive behaviour support plan is prepared for the adult by the relevant service provider; and use of the restrictive practice is consented to by a guardian for a restrictive practice (general) matter for the adult or, in some cases, an informal decision-maker for the adult; for all restrictive practices, use of the restrictive practice— is necessary to prevent the adult’s behaviour causing harm to the adult or others; and is the least restrictive way of ensuring the safety of the adult or others; and complies with the positive behaviour support plan for the adult. Some other requirements must also be complied with for the relevant service provider to be authorised to use the restrictive practice. See section 151 (for containment or seclusion) or 166 (for use of other restrictive practices).\n(sec.143-ssec.4) Also, use of a restrictive practice may be authorised if— the restrictive practice is used in the course of providing respite services or community access services to the adult; or there is an immediate and serious risk of harm to the adult or others. See— sections 152 , 167 and 168 for use of restrictive practices in the course of providing respite services or community access services sections 153 and 170 for use of restrictive practices if there is an immediate and serious risk of harm to the adult or others.\n(sec.143-ssec.5) In this section— associated restrictive practice means a restrictive practice other than containment or seclusion, relating to the adult who is the subject of a containment or seclusion approval.\n- (a) for containment or seclusion, or an associated restrictive practice— (i) a positive behaviour support plan is prepared for the adult by the chief executive; and (ii) use of the restrictive practice is approved by the tribunal;\n- (i) a positive behaviour support plan is prepared for the adult by the chief executive; and\n- (ii) use of the restrictive practice is approved by the tribunal;\n- (b) for any other restrictive practice— (i) a positive behaviour support plan is prepared for the adult by the relevant service provider; and (ii) use of the restrictive practice is consented to by a guardian for a restrictive practice (general) matter for the adult or, in some cases, an informal decision-maker for the adult;\n- (i) a positive behaviour support plan is prepared for the adult by the relevant service provider; and\n- (ii) use of the restrictive practice is consented to by a guardian for a restrictive practice (general) matter for the adult or, in some cases, an informal decision-maker for the adult;\n- (c) for all restrictive practices, use of the restrictive practice— (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and (ii) is the least restrictive way of ensuring the safety of the adult or others; and (iii) complies with the positive behaviour support plan for the adult.\n- (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) is the least restrictive way of ensuring the safety of the adult or others; and\n- (iii) complies with the positive behaviour support plan for the adult.\n- (i) a positive behaviour support plan is prepared for the adult by the chief executive; and\n- (ii) use of the restrictive practice is approved by the tribunal;\n- (i) a positive behaviour support plan is prepared for the adult by the relevant service provider; and\n- (ii) use of the restrictive practice is consented to by a guardian for a restrictive practice (general) matter for the adult or, in some cases, an informal decision-maker for the adult;\n- (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) is the least restrictive way of ensuring the safety of the adult or others; and\n- (iii) complies with the positive behaviour support plan for the adult.\n- (a) the restrictive practice is used in the course of providing respite services or community access services to the adult; or\n- (b) there is an immediate and serious risk of harm to the adult or others.\n- • sections 152 , 167 and 168 for use of restrictive practices in the course of providing respite services or community access services\n- • sections 153 and 170 for use of restrictive practices if there is an immediate and serious risk of harm to the adult or others.","sortOrder":241},{"sectionNumber":"sec.144","sectionType":"section","heading":"Definitions for part","content":"### sec.144 Definitions for part\n\nIn this part—\nadult with an intellectual or cognitive disability means an adult with a disability who has a condition attributable to an intellectual or cognitive impairment, or a combination of the impairments.\nappropriately qualified see section 149 .\nassessment see section 148 (3) .\nauthorised psychiatrist see the Mental Health Act 2016 , schedule 3 .\ns 144 def authorised psychiatrist amd 2011 No. 13 s 180; 2016 No. 5 s 923 sch 4\nchemical restraint see section 145 .\nchemical restraint (fixed dose) means chemical restraint using medication that is administered at fixed intervals and times.\nchief psychiatrist see the Mental Health Act 2016 , schedule 3 .\ns 144 def chief psychiatrist ins 2016 No. 5 s 923 sch 4\ncommunity access services means disability services or NDIS supports or services that are—\ncommunity access services provided to an adult with an intellectual or cognitive disability who does not receive disability services or NDIS supports or services other than respite services or community access services from a relevant service provider; and\nfunded as community access services by the department or the Commonwealth, including under the National Disability Insurance Scheme Act 2013 (Cwlth) .\ns 144 def community access services amd 2020 No. 39 s 70 sch 1\ncontain see section 146 .\ncontainment or seclusion approval means approval given by the tribunal under the GAA, chapter 5B , part 2 for a relevant service provider to contain or seclude, or use another restrictive practice in relation to, an adult with an intellectual or cognitive disability.\ns 144 def containment or seclusion approval amd 2009 No. 24 s 56 (2)\ndecision notice , for a decision of the chief executive, means a notice stating the following—\nthe decision and the reasons for it;\nthat the entity to which the notice is given may apply for review of the decision under section 187 within 28 days after the entity receives the notice;\nhow to apply for review of the decision.\ns 144 def decision notice amd 2019 No. 19 s 81 sch 1\ndirector of mental health ...\ns 144 def director of mental health om 2016 No. 5 s 923 sch 4\nGAA means the Guardianship and Administration Act 2000 .\nguardian for a restrictive practice (general) matter , for an adult with an intellectual or cognitive disability, means a guardian for a restrictive practice (general) matter appointed for the adult under the GAA, chapter 5B .\nguardian for a restrictive practice matter , for an adult with an intellectual or cognitive disability, means a guardian for a restrictive practice (general) matter, or a guardian for a restrictive practice (respite) matter, for the adult.\nguardian for a restrictive practice (respite) matter , for an adult with an intellectual or cognitive disability, means a guardian for a restrictive practice (respite) matter appointed for the adult under the GAA, chapter 5B .\nguardianship tribunal ...\ns 144 def guardianship tribunal om 2009 No. 24 s 56 (1)\nharm to a person means—\nphysical harm to the person; or\na serious risk of physical harm to the person; or\ndamage to property involving a serious risk of physical harm to the person.\ninformal decision-maker , for an adult with an intellectual or cognitive disability, means a member of the adult’s support network, other than a paid carer for the adult within the meaning of the GAA.\nkeep and implement ...\ns 144 def keep and implement om 2014 No. 5 s 8 (1)\nleast restrictive , for use of a restrictive practice in relation to an adult with an intellectual or cognitive disability, means use of the restrictive practice—\nensures the safety of the adult or others; and\nhaving regard to paragraph (a) , imposes the minimum limits on the freedom of the adult as is practicable in the circumstances.\nmechanical restraint see section 147 .\nmodel positive behaviour support plan means a plan of that name prepared by the chief executive and published on the department’s website.\ns 144 def model positive behaviour support plan ins 2014 No. 5 s 8 (2)\nmultidisciplinary assessment see section 148 (4) .\nphysical restraint , of an adult with an intellectual or cognitive disability, means the use, for the primary purpose of controlling the adult’s behaviour, of any part of another person’s body to restrict the free movement of the adult in response to the adult’s behaviour that causes harm to the adult or others.\nHarm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .\ns 144 def physical restraint amd 2014 No. 5 s 8 (3)\npositive behaviour support plan see section 150 .\nrelevant decision-maker (respite) , for an adult with an intellectual or cognitive disability, means—\na guardian for a restrictive practice (respite) matter for the adult; or\nfor a restrictive practice other than chemical restraint used under section 167 , if there is no guardian for a restrictive practice (respite) matter for the adult—an informal decision-maker for the adult.\nrespite/community access plan see section 181 (2) .\nrespite services means disability services or NDIS supports or services that are—\nrespite services provided to an adult with an intellectual or cognitive disability who does not receive disability services or NDIS supports or services other than respite services or community access services from a relevant service provider; and\nfunded as respite services by the department or the Commonwealth, including under the National Disability Insurance Scheme Act 2013 (Cwlth) .\ns 144 def respite services amd 2020 No. 39 s 70 sch 1\nrestricting access , of an adult with an intellectual or cognitive disability, means restricting the adult’s access, at a place where the adult receives disability services or NDIS supports or services, to an object in response to the adult’s behaviour that causes harm to the adult or others to prevent the adult using the object to cause harm to the adult or others.\nif an adult has a history of using knives to cause harm to others, locking a drawer in which knives are kept to prevent the adult using the knives to cause harm\nif an adult has Prader-Willi syndrome, restricting the adult’s access to a particular cupboard or particular parts of the fridge to prevent the adult eating in a way that is likely to harm the adult\nHarm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .\ns 144 def restricting access amd 2014 No. 5 s 8 (4)–(7); 2020 No. 39 s 70 sch 1\nrestrictive practice means any of the following practices used to respond to the behaviour of an adult with an intellectual or cognitive disability that causes harm to the adult or others—\ncontaining or secluding the adult;\nusing chemical, mechanical or physical restraint on the adult;\nrestricting access of the adult.\nHarm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .\ns 144 def restrictive practice sub 2014 No. 5 s 8 (1)–(2)\nseclude an adult with an intellectual or cognitive disability means physically confine the adult alone, at any time of the day or night, in a room or area from which free exit is prevented in response to the adult’s behaviour that causes harm to the adult or others.\nHarm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .\ns 144 def seclude amd 2014 No. 5 s 8 (8)\nshort term approval means an approval given by—\nthe public guardian under the GAA, chapter 5B , part 4 ; or\nthe chief executive under section 178 .\ns 144 def short term approval amd 2014 No. 26 s 215\nshort term plan ...\ns 144 def short term plan om 2014 No. 5 s 8 (1)\nsupport network ...\ns 144 def support network om 2012 No. 36 s 8\ns 144 prev s 144 om 2014 No. 12 s 59\npres s 144 ins 2008 No. 23 s 7\namd 2020 No. 39 s 70 sch 1\n- (a) community access services provided to an adult with an intellectual or cognitive disability who does not receive disability services or NDIS supports or services other than respite services or community access services from a relevant service provider; and\n- (b) funded as community access services by the department or the Commonwealth, including under the National Disability Insurance Scheme Act 2013 (Cwlth) .\n- (a) the decision and the reasons for it;\n- (b) that the entity to which the notice is given may apply for review of the decision under section 187 within 28 days after the entity receives the notice;\n- (c) how to apply for review of the decision.\n- (a) physical harm to the person; or\n- (b) a serious risk of physical harm to the person; or\n- (c) damage to property involving a serious risk of physical harm to the person.\n- (a) ensures the safety of the adult or others; and\n- (b) having regard to paragraph (a) , imposes the minimum limits on the freedom of the adult as is practicable in the circumstances.\n- (a) a guardian for a restrictive practice (respite) matter for the adult; or\n- (b) for a restrictive practice other than chemical restraint used under section 167 , if there is no guardian for a restrictive practice (respite) matter for the adult—an informal decision-maker for the adult.\n- (a) respite services provided to an adult with an intellectual or cognitive disability who does not receive disability services or NDIS supports or services other than respite services or community access services from a relevant service provider; and\n- (b) funded as respite services by the department or the Commonwealth, including under the National Disability Insurance Scheme Act 2013 (Cwlth) .\n- • if an adult has a history of using knives to cause harm to others, locking a drawer in which knives are kept to prevent the adult using the knives to cause harm\n- • if an adult has Prader-Willi syndrome, restricting the adult’s access to a particular cupboard or particular parts of the fridge to prevent the adult eating in a way that is likely to harm the adult\n- (a) containing or secluding the adult;\n- (b) using chemical, mechanical or physical restraint on the adult;\n- (c) restricting access of the adult.\n- (a) the public guardian under the GAA, chapter 5B , part 4 ; or\n- (b) the chief executive under section 178 .","sortOrder":242},{"sectionNumber":"sec.145","sectionType":"section","heading":"Meaning of chemical restraint","content":"### sec.145 Meaning of chemical restraint\n\nChemical restraint , of an adult with an intellectual or cognitive disability, means the use of medication for the primary purpose of controlling the adult’s behaviour in response to the adult’s behaviour that causes harm to the adult or others.\nHarm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .\nHowever, the following are not chemical restraint—\nusing medication for the proper treatment of a diagnosed mental illness or physical condition;\nusing medication, for example a sedative, prescribed by a medical practitioner to facilitate or enable the adult to receive a single instance of health care under the GAA.\nsedating an adult before attending a dentist appointment is not chemical restraint\nTo remove any doubt, it is declared that an intellectual or cognitive disability is not a physical condition.\nIn this section—\ndiagnosed , for a mental illness or physical condition, means a doctor confirms the adult has the illness or condition.\nmental illness see the Mental Health Act 2016 , section 10 .\ns 145 prev s 145 om 2014 No. 12 s 59\npres s 145 ins 2008 No. 23 s 7\namd 2014 No. 5 s 9; 2016 No. 5 s 923 sch 4\n(sec.145-ssec.1) Chemical restraint , of an adult with an intellectual or cognitive disability, means the use of medication for the primary purpose of controlling the adult’s behaviour in response to the adult’s behaviour that causes harm to the adult or others. Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .\n(sec.145-ssec.2) However, the following are not chemical restraint— using medication for the proper treatment of a diagnosed mental illness or physical condition; using medication, for example a sedative, prescribed by a medical practitioner to facilitate or enable the adult to receive a single instance of health care under the GAA. sedating an adult before attending a dentist appointment is not chemical restraint\n(sec.145-ssec.3) To remove any doubt, it is declared that an intellectual or cognitive disability is not a physical condition.\n(sec.145-ssec.4) In this section— diagnosed , for a mental illness or physical condition, means a doctor confirms the adult has the illness or condition. mental illness see the Mental Health Act 2016 , section 10 .\n- (a) using medication for the proper treatment of a diagnosed mental illness or physical condition;\n- (b) using medication, for example a sedative, prescribed by a medical practitioner to facilitate or enable the adult to receive a single instance of health care under the GAA.","sortOrder":243},{"sectionNumber":"sec.146","sectionType":"section","heading":"Meaning of contain","content":"### sec.146 Meaning of contain\n\nContain an adult with an intellectual or cognitive disability means physically prevent the free exit of the adult from premises where the adult receives disability services or NDIS supports or services, other than by secluding the adult, in response to the adult’s behaviour that causes harm to the adult or others.\nHarm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .\nHowever, the adult is not contained if—\nthe adult is an adult with a skills deficit under part 8 , division 2 ; and\nthe adult’s free exit from the premises is prevented by the locking of gates, doors or windows under that part.\nIn this section—\npremises includes the land around a building or other structure, but does not include a vehicle.\ns 146 prev s 146 om 2014 No. 12 s 59\npres s 146 ins 2008 No. 23 s 7\namd 2014 No. 5 s 10; 2020 No. 39 s 70 sch 1\n(sec.146-ssec.1) Contain an adult with an intellectual or cognitive disability means physically prevent the free exit of the adult from premises where the adult receives disability services or NDIS supports or services, other than by secluding the adult, in response to the adult’s behaviour that causes harm to the adult or others. Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .\n(sec.146-ssec.2) However, the adult is not contained if— the adult is an adult with a skills deficit under part 8 , division 2 ; and the adult’s free exit from the premises is prevented by the locking of gates, doors or windows under that part.\n(sec.146-ssec.3) In this section— premises includes the land around a building or other structure, but does not include a vehicle.\n- (a) the adult is an adult with a skills deficit under part 8 , division 2 ; and\n- (b) the adult’s free exit from the premises is prevented by the locking of gates, doors or windows under that part.","sortOrder":244},{"sectionNumber":"sec.147","sectionType":"section","heading":"Meaning of mechanical restraint","content":"### sec.147 Meaning of mechanical restraint\n\nMechanical restraint , of an adult with an intellectual or cognitive disability, means the use, for the primary purpose of controlling the adult’s behaviour, of a device in response to the adult’s behaviour that causes harm to the adult or others to—\nrestrict the free movement of the adult; or\nprevent or reduce self-injurious behaviour.\nHarm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .\nHowever, the following are not mechanical restraint—\nusing a device to enable the safe transportation of the adult;\na cover over a seat belt buckle\na harness or strap\nusing a device for postural support;\nusing a device to prevent injury from involuntary bodily movements, such as seizures;\nusing a surgical or medical device for the proper treatment of a physical condition;\nusing bed rails or guards to prevent injury while the adult is asleep.\ns 147 prev s 147 om 2014 No. 12 s 59\npres s 147 ins 2008 No. 23 s 7\namd 2014 No. 5 s 11\n(sec.147-ssec.1) Mechanical restraint , of an adult with an intellectual or cognitive disability, means the use, for the primary purpose of controlling the adult’s behaviour, of a device in response to the adult’s behaviour that causes harm to the adult or others to— restrict the free movement of the adult; or prevent or reduce self-injurious behaviour. Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm .\n(sec.147-ssec.2) However, the following are not mechanical restraint— using a device to enable the safe transportation of the adult; a cover over a seat belt buckle a harness or strap using a device for postural support; using a device to prevent injury from involuntary bodily movements, such as seizures; using a surgical or medical device for the proper treatment of a physical condition; using bed rails or guards to prevent injury while the adult is asleep.\n- (a) restrict the free movement of the adult; or\n- (b) prevent or reduce self-injurious behaviour.\n- (a) using a device to enable the safe transportation of the adult; Examples of devices used to enable safe transportation— • a cover over a seat belt buckle • a harness or strap\n- • a cover over a seat belt buckle\n- • a harness or strap\n- (b) using a device for postural support;\n- (c) using a device to prevent injury from involuntary bodily movements, such as seizures;\n- (d) using a surgical or medical device for the proper treatment of a physical condition;\n- (e) using bed rails or guards to prevent injury while the adult is asleep.\n- • a cover over a seat belt buckle\n- • a harness or strap","sortOrder":245},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Important concepts for using restrictive practices","content":"## Important concepts for using restrictive practices","sortOrder":246},{"sectionNumber":"sec.148","sectionType":"section","heading":"Assessment of an adult","content":"### sec.148 Assessment of an adult\n\nBefore a restrictive practice can be used in relation to an adult with an intellectual or cognitive disability, the adult must be assessed.\nHowever, an assessment is not required if the restrictive practice is used—\nunder a short term approval; or\nin the course of providing respite services or community access services to the adult.\nAlthough an assessment is not required for using restrictive practices in the course of providing respite services or community access services, relevant service providers must comply with division 5 .\nFor this part, an assessment of an adult with an intellectual or cognitive disability is an assessment by 1 or more persons, as provided for under subsections (4) to (6) , for the following purposes—\nmaking findings about the nature, intensity, frequency and duration of the behaviour of the adult that causes harm to the adult or others;\ndeveloping theories about the factors that contribute to the adult’s behaviour mentioned in paragraph (a) ;\nbiological factors, such as genetic predispositions\npsychological or cognitive factors, such as low communication skills\nsocial factors, such as the adult’s surroundings\nmedical conditions\nmaking recommendations about appropriate strategies for—\nmeeting the adult’s needs and improving the adult’s capabilities and quality of life; and\nreducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others; and\nmanaging the adult’s behaviour that causes harm to the adult or others to minimise the risk of harm.\nFor containing or secluding an adult under section 151 , the adult must be assessed by 2 or more appropriately qualified persons who have qualifications or experience in different disciplines (a multidisciplinary assessment ).\nFor using chemical, mechanical or physical restraint under section 166 on an adult, the adult must be assessed by at least 1 appropriately qualified person.\nFor restricting access of an adult under section 166 , the adult must be assessed by the relevant service provider proposing to restrict the adult’s access.\ns 148 prev s 148 om 2014 No. 12 s 59\npres s 148 ins 2008 No. 23 s 7\n(sec.148-ssec.1) Before a restrictive practice can be used in relation to an adult with an intellectual or cognitive disability, the adult must be assessed.\n(sec.148-ssec.2) However, an assessment is not required if the restrictive practice is used— under a short term approval; or in the course of providing respite services or community access services to the adult. Although an assessment is not required for using restrictive practices in the course of providing respite services or community access services, relevant service providers must comply with division 5 .\n(sec.148-ssec.3) For this part, an assessment of an adult with an intellectual or cognitive disability is an assessment by 1 or more persons, as provided for under subsections (4) to (6) , for the following purposes— making findings about the nature, intensity, frequency and duration of the behaviour of the adult that causes harm to the adult or others; developing theories about the factors that contribute to the adult’s behaviour mentioned in paragraph (a) ; biological factors, such as genetic predispositions psychological or cognitive factors, such as low communication skills social factors, such as the adult’s surroundings medical conditions making recommendations about appropriate strategies for— meeting the adult’s needs and improving the adult’s capabilities and quality of life; and reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others; and managing the adult’s behaviour that causes harm to the adult or others to minimise the risk of harm.\n(sec.148-ssec.4) For containing or secluding an adult under section 151 , the adult must be assessed by 2 or more appropriately qualified persons who have qualifications or experience in different disciplines (a multidisciplinary assessment ).\n(sec.148-ssec.5) For using chemical, mechanical or physical restraint under section 166 on an adult, the adult must be assessed by at least 1 appropriately qualified person.\n(sec.148-ssec.6) For restricting access of an adult under section 166 , the adult must be assessed by the relevant service provider proposing to restrict the adult’s access.\n- (a) under a short term approval; or\n- (b) in the course of providing respite services or community access services to the adult. Note— Although an assessment is not required for using restrictive practices in the course of providing respite services or community access services, relevant service providers must comply with division 5 .\n- (a) making findings about the nature, intensity, frequency and duration of the behaviour of the adult that causes harm to the adult or others;\n- (b) developing theories about the factors that contribute to the adult’s behaviour mentioned in paragraph (a) ; Examples of factors that might contribute to the behaviour— • biological factors, such as genetic predispositions • psychological or cognitive factors, such as low communication skills • social factors, such as the adult’s surroundings • medical conditions\n- • biological factors, such as genetic predispositions\n- • psychological or cognitive factors, such as low communication skills\n- • social factors, such as the adult’s surroundings\n- • medical conditions\n- (c) making recommendations about appropriate strategies for— (i) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and (ii) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others; and (iii) managing the adult’s behaviour that causes harm to the adult or others to minimise the risk of harm.\n- (i) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and\n- (ii) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others; and\n- (iii) managing the adult’s behaviour that causes harm to the adult or others to minimise the risk of harm.\n- • biological factors, such as genetic predispositions\n- • psychological or cognitive factors, such as low communication skills\n- • social factors, such as the adult’s surroundings\n- • medical conditions\n- (i) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and\n- (ii) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others; and\n- (iii) managing the adult’s behaviour that causes harm to the adult or others to minimise the risk of harm.","sortOrder":247},{"sectionNumber":"sec.149","sectionType":"section","heading":"Who is appropriately qualified to assess an adult","content":"### sec.149 Who is appropriately qualified to assess an adult\n\nFor assessing an adult with an intellectual or cognitive disability, a person is appropriately qualified if the person has the qualifications or experience appropriate to conduct the assessment.\nbehaviour analysts, medical practitioners, psychologists, psychiatrists, speech and language pathologists, occupational therapists, registered nurses, social workers\ns 149 prev s 149 om 2014 No. 12 s 59\npres s 149 ins 2008 No. 23 s 7","sortOrder":248},{"sectionNumber":"sec.150","sectionType":"section","heading":"What is a positive behaviour support plan","content":"### sec.150 What is a positive behaviour support plan\n\nA positive behaviour support plan , for an adult with an intellectual or cognitive disability, is a plan that describes the strategies to be used to—\nmeet the adult’s needs; and\nsupport the adult’s development of skills; and\nmaximise opportunities through which the adult can improve their quality of life; and\nreduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\nA positive behaviour support plan, for an adult with an intellectual or cognitive disability, must include at least each of the following—\nin relation to previous behaviour of the adult that has caused harm to the adult or others, a description of—\nthe intensity, frequency and duration of the behaviour; and\nthe consequences of the behaviour; and\nthe early warning signs and triggers for the behaviour, if known;\nthe positive strategies that must be attempted before using a restrictive practice, including the community access arrangements in place for the adult;\nfor each restrictive practice proposed to be used in relation to the adult—\nthe circumstances in which the restrictive practice is to be used; and\na demonstration of why use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and\nthe procedure for using the restrictive practice, including observations and monitoring, that must happen while the restrictive practice is being used; and\nany other measures that must happen while the restrictive practice is being used that are necessary to ensure—\nthe adult’s proper care and treatment; and\nthe adult is safeguarded from abuse, neglect and exploitation; and\na description of the anticipated positive and negative effects on the adult of using the restrictive practice; and\nthe intervals at which use of the restrictive practice will be reviewed by the relevant service provider using the restrictive practice;\nfor seclusion—the maximum period for which seclusion may be used at any 1 time and the maximum frequency of the seclusion;\nfor chemical restraint—\nthe name of the medication to be used and any available information about the medication, including, for example, information about possible side effects; and\nthe dose, route and frequency of administration, including, for medication to be administered as and when needed, the circumstances in which the medication may be administered, as prescribed by the adult’s treating doctor; and\nif the adult’s medication has previously been reviewed by the adult’s treating doctor—the date of the most recent medication review; and\nthe name of the adult’s treating doctor;\nfor mechanical or physical restraint—the maximum period for which the restraint may be used at any 1 time.\nFor subsection (2) (c) (vi) , use of a restrictive practice must be reviewed—\nfor a restrictive practice not used under a containment or seclusion approval—at least once during each 12-month period; or\nfor a restrictive practice used under a containment or seclusion approval—when required by the chief executive, and at least once during the period of the approval.\ns 150 prev s 150 om 2014 No. 12 s 59\npres s 150 ins 2008 No. 23 s 7\nsub 2014 No. 5 s 13\n(sec.150-ssec.1) A positive behaviour support plan , for an adult with an intellectual or cognitive disability, is a plan that describes the strategies to be used to— meet the adult’s needs; and support the adult’s development of skills; and maximise opportunities through which the adult can improve their quality of life; and reduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n(sec.150-ssec.2) A positive behaviour support plan, for an adult with an intellectual or cognitive disability, must include at least each of the following— in relation to previous behaviour of the adult that has caused harm to the adult or others, a description of— the intensity, frequency and duration of the behaviour; and the consequences of the behaviour; and the early warning signs and triggers for the behaviour, if known; the positive strategies that must be attempted before using a restrictive practice, including the community access arrangements in place for the adult; for each restrictive practice proposed to be used in relation to the adult— the circumstances in which the restrictive practice is to be used; and a demonstration of why use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and the procedure for using the restrictive practice, including observations and monitoring, that must happen while the restrictive practice is being used; and any other measures that must happen while the restrictive practice is being used that are necessary to ensure— the adult’s proper care and treatment; and the adult is safeguarded from abuse, neglect and exploitation; and a description of the anticipated positive and negative effects on the adult of using the restrictive practice; and the intervals at which use of the restrictive practice will be reviewed by the relevant service provider using the restrictive practice; for seclusion—the maximum period for which seclusion may be used at any 1 time and the maximum frequency of the seclusion; for chemical restraint— the name of the medication to be used and any available information about the medication, including, for example, information about possible side effects; and the dose, route and frequency of administration, including, for medication to be administered as and when needed, the circumstances in which the medication may be administered, as prescribed by the adult’s treating doctor; and if the adult’s medication has previously been reviewed by the adult’s treating doctor—the date of the most recent medication review; and the name of the adult’s treating doctor; for mechanical or physical restraint—the maximum period for which the restraint may be used at any 1 time.\n(sec.150-ssec.3) For subsection (2) (c) (vi) , use of a restrictive practice must be reviewed— for a restrictive practice not used under a containment or seclusion approval—at least once during each 12-month period; or for a restrictive practice used under a containment or seclusion approval—when required by the chief executive, and at least once during the period of the approval.\n- (a) meet the adult’s needs; and\n- (b) support the adult’s development of skills; and\n- (c) maximise opportunities through which the adult can improve their quality of life; and\n- (d) reduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n- (a) in relation to previous behaviour of the adult that has caused harm to the adult or others, a description of— (i) the intensity, frequency and duration of the behaviour; and (ii) the consequences of the behaviour; and (iii) the early warning signs and triggers for the behaviour, if known;\n- (i) the intensity, frequency and duration of the behaviour; and\n- (ii) the consequences of the behaviour; and\n- (iii) the early warning signs and triggers for the behaviour, if known;\n- (b) the positive strategies that must be attempted before using a restrictive practice, including the community access arrangements in place for the adult;\n- (c) for each restrictive practice proposed to be used in relation to the adult— (i) the circumstances in which the restrictive practice is to be used; and (ii) a demonstration of why use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and (iii) the procedure for using the restrictive practice, including observations and monitoring, that must happen while the restrictive practice is being used; and (iv) any other measures that must happen while the restrictive practice is being used that are necessary to ensure— (A) the adult’s proper care and treatment; and (B) the adult is safeguarded from abuse, neglect and exploitation; and (v) a description of the anticipated positive and negative effects on the adult of using the restrictive practice; and (vi) the intervals at which use of the restrictive practice will be reviewed by the relevant service provider using the restrictive practice;\n- (i) the circumstances in which the restrictive practice is to be used; and\n- (ii) a demonstration of why use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and\n- (iii) the procedure for using the restrictive practice, including observations and monitoring, that must happen while the restrictive practice is being used; and\n- (iv) any other measures that must happen while the restrictive practice is being used that are necessary to ensure— (A) the adult’s proper care and treatment; and (B) the adult is safeguarded from abuse, neglect and exploitation; and\n- (A) the adult’s proper care and treatment; and\n- (B) the adult is safeguarded from abuse, neglect and exploitation; and\n- (v) a description of the anticipated positive and negative effects on the adult of using the restrictive practice; and\n- (vi) the intervals at which use of the restrictive practice will be reviewed by the relevant service provider using the restrictive practice;\n- (d) for seclusion—the maximum period for which seclusion may be used at any 1 time and the maximum frequency of the seclusion;\n- (e) for chemical restraint— (i) the name of the medication to be used and any available information about the medication, including, for example, information about possible side effects; and (ii) the dose, route and frequency of administration, including, for medication to be administered as and when needed, the circumstances in which the medication may be administered, as prescribed by the adult’s treating doctor; and (iii) if the adult’s medication has previously been reviewed by the adult’s treating doctor—the date of the most recent medication review; and (iv) the name of the adult’s treating doctor;\n- (i) the name of the medication to be used and any available information about the medication, including, for example, information about possible side effects; and\n- (ii) the dose, route and frequency of administration, including, for medication to be administered as and when needed, the circumstances in which the medication may be administered, as prescribed by the adult’s treating doctor; and\n- (iii) if the adult’s medication has previously been reviewed by the adult’s treating doctor—the date of the most recent medication review; and\n- (iv) the name of the adult’s treating doctor;\n- (f) for mechanical or physical restraint—the maximum period for which the restraint may be used at any 1 time.\n- (i) the intensity, frequency and duration of the behaviour; and\n- (ii) the consequences of the behaviour; and\n- (iii) the early warning signs and triggers for the behaviour, if known;\n- (i) the circumstances in which the restrictive practice is to be used; and\n- (ii) a demonstration of why use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and\n- (iii) the procedure for using the restrictive practice, including observations and monitoring, that must happen while the restrictive practice is being used; and\n- (iv) any other measures that must happen while the restrictive practice is being used that are necessary to ensure— (A) the adult’s proper care and treatment; and (B) the adult is safeguarded from abuse, neglect and exploitation; and\n- (A) the adult’s proper care and treatment; and\n- (B) the adult is safeguarded from abuse, neglect and exploitation; and\n- (v) a description of the anticipated positive and negative effects on the adult of using the restrictive practice; and\n- (vi) the intervals at which use of the restrictive practice will be reviewed by the relevant service provider using the restrictive practice;\n- (A) the adult’s proper care and treatment; and\n- (B) the adult is safeguarded from abuse, neglect and exploitation; and\n- (i) the name of the medication to be used and any available information about the medication, including, for example, information about possible side effects; and\n- (ii) the dose, route and frequency of administration, including, for medication to be administered as and when needed, the circumstances in which the medication may be administered, as prescribed by the adult’s treating doctor; and\n- (iii) if the adult’s medication has previously been reviewed by the adult’s treating doctor—the date of the most recent medication review; and\n- (iv) the name of the adult’s treating doctor;\n- (a) for a restrictive practice not used under a containment or seclusion approval—at least once during each 12-month period; or\n- (b) for a restrictive practice used under a containment or seclusion approval—when required by the chief executive, and at least once during the period of the approval.","sortOrder":249},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Containment and seclusion","content":"## Containment and seclusion","sortOrder":250},{"sectionNumber":"sec.150A","sectionType":"section","heading":"Authorisation of containment or seclusion","content":"### sec.150A Authorisation of containment or seclusion\n\nA relevant service provider is authorised under this part to contain or seclude an adult with an intellectual or cognitive disability if—\nfor an adult who must be assessed under section 148 —the assessment has been carried out; and\nthe relevant service provider may contain or seclude the adult under sections 151 to 154 ; and\nfor an adult who is the subject of a containment or seclusion approval—any change to the adult’s positive behaviour support plan has been made by the chief executive under subdivision 3 .\ns 150A ins 2019 No. 19 s 21\n- (a) for an adult who must be assessed under section 148 —the assessment has been carried out; and\n- (b) the relevant service provider may contain or seclude the adult under sections 151 to 154 ; and\n- (c) for an adult who is the subject of a containment or seclusion approval—any change to the adult’s positive behaviour support plan has been made by the chief executive under subdivision 3 .","sortOrder":251},{"sectionNumber":"sec.151","sectionType":"section","heading":"Containing or secluding an adult under containment or seclusion approval","content":"### sec.151 Containing or secluding an adult under containment or seclusion approval\n\nA relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if—\nthe containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\nthe containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and\nthe containment or seclusion complies with—\na containment or seclusion approval; and\nif the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under this division; and\nthe relevant service provider complies with section 165 .\nFor subsection (1) (c) (ii) , the adult is not contained or secluded in compliance with the positive behaviour support plan if the relevant service provider does not implement the positive strategies stated in the plan.\nIt is not necessary to obtain the adult’s consent to the containment or seclusion of the adult under this section.\ns 151 prev s 151 om 2014 No. 12 s 59\npres s 151 ins 2008 No. 23 s 7\namd 2014 No. 5 s 14\n(sec.151-ssec.1) A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if— the containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and the containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and the containment or seclusion complies with— a containment or seclusion approval; and if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under this division; and the relevant service provider complies with section 165 .\n(sec.151-ssec.2) For subsection (1) (c) (ii) , the adult is not contained or secluded in compliance with the positive behaviour support plan if the relevant service provider does not implement the positive strategies stated in the plan.\n(sec.151-ssec.3) It is not necessary to obtain the adult’s consent to the containment or seclusion of the adult under this section.\n- (a) the containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (b) the containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and\n- (c) the containment or seclusion complies with— (i) a containment or seclusion approval; and (ii) if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under this division; and\n- (i) a containment or seclusion approval; and\n- (ii) if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under this division; and\n- (d) the relevant service provider complies with section 165 .\n- (i) a containment or seclusion approval; and\n- (ii) if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under this division; and","sortOrder":252},{"sectionNumber":"sec.152","sectionType":"section","heading":"Containing or secluding an adult for respite services or community access services","content":"### sec.152 Containing or secluding an adult for respite services or community access services\n\nA relevant service provider may contain or seclude an adult with an intellectual or cognitive disability in the course of providing respite services or community access services to the adult if—\nthe containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\nthe containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and\nbefore containing or secluding the adult, the relevant service provider complies with the requirements under division 5 ; and\nthe containment or seclusion complies with—\nthe consent of a guardian for a restrictive practice (respite) matter for the adult; and\na respite/community access plan for the adult; and\nthe relevant service provider complies with section 165 .\nFor subsection (1) (d) (ii) , the adult is taken not to be contained or secluded in compliance with the respite/community access plan if the relevant service provider does not implement the positive strategies stated in the plan.\nThis section does not apply if the adult is the subject of a containment or seclusion approval.\ns 152 prev s 152 om 2014 No. 12 s 59\npres s 152 ins 2008 No. 23 s 7\namd 2014 No. 5 s 15\n(sec.152-ssec.1) A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability in the course of providing respite services or community access services to the adult if— the containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and the containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and before containing or secluding the adult, the relevant service provider complies with the requirements under division 5 ; and the containment or seclusion complies with— the consent of a guardian for a restrictive practice (respite) matter for the adult; and a respite/community access plan for the adult; and the relevant service provider complies with section 165 .\n(sec.152-ssec.2) For subsection (1) (d) (ii) , the adult is taken not to be contained or secluded in compliance with the respite/community access plan if the relevant service provider does not implement the positive strategies stated in the plan.\n(sec.152-ssec.3) This section does not apply if the adult is the subject of a containment or seclusion approval.\n- (a) the containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (b) the containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and\n- (c) before containing or secluding the adult, the relevant service provider complies with the requirements under division 5 ; and\n- (d) the containment or seclusion complies with— (i) the consent of a guardian for a restrictive practice (respite) matter for the adult; and (ii) a respite/community access plan for the adult; and\n- (i) the consent of a guardian for a restrictive practice (respite) matter for the adult; and\n- (ii) a respite/community access plan for the adult; and\n- (e) the relevant service provider complies with section 165 .\n- (i) the consent of a guardian for a restrictive practice (respite) matter for the adult; and\n- (ii) a respite/community access plan for the adult; and","sortOrder":253},{"sectionNumber":"sec.153","sectionType":"section","heading":"Containing or secluding an adult under short term approval","content":"### sec.153 Containing or secluding an adult under short term approval\n\nA relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if—\nthere is an immediate and serious risk of harm to the adult or others; and\nthe containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\nthe containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and\nthe containment or seclusion complies with a short term approval given by the public guardian under the GAA, chapter 5B , part 4 ; and\nthe relevant service provider complies with section 165 .\nIt is not necessary to obtain the adult’s consent to the containment or seclusion of the adult under this section.\ns 153 prev s 153 om 2014 No. 12 s 59\npres s 153 ins 2008 No. 23 s 7\namd 2014 No. 26 s 217 ; 2014 No. 5 s 16 (amd 2014 No. 26 s 223 )\n(sec.153-ssec.1) A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if— there is an immediate and serious risk of harm to the adult or others; and the containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and the containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and the containment or seclusion complies with a short term approval given by the public guardian under the GAA, chapter 5B , part 4 ; and the relevant service provider complies with section 165 .\n(sec.153-ssec.2) It is not necessary to obtain the adult’s consent to the containment or seclusion of the adult under this section.\n- (a) there is an immediate and serious risk of harm to the adult or others; and\n- (b) the containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (c) the containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and\n- (d) the containment or seclusion complies with a short term approval given by the public guardian under the GAA, chapter 5B , part 4 ; and\n- (e) the relevant service provider complies with section 165 .","sortOrder":254},{"sectionNumber":"sec.154","sectionType":"section","heading":"Containing or secluding an adult before decision on short term approval","content":"### sec.154 Containing or secluding an adult before decision on short term approval\n\nA relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if—\nthe relevant service provider has asked the public guardian, in writing, for an approval under the GAA, chapter 5B , part 4 to contain or seclude the adult and the request has not been decided; and\nthe containment or seclusion—\nis necessary to prevent the adult’s behaviour causing harm to the adult or others; and\nis the least restrictive way of ensuring the safety of the adult or others; and\na positive behaviour support plan or a respite/community access plan for the adult is being implemented; and\nthe relevant service provider complies with section 165 .\nHowever, the relevant service provider may only contain or seclude the adult until the earlier of the following—\nthe relevant service provider is given notice about the public guardian’s decision on the request;\n30 days after the relevant service provider asks for the short term approval.\nIt is not necessary to obtain the adult’s consent to the containment or seclusion of the adult under this section.\ns 154 prev s 154 om 2014 No. 12 s 59\npres s 154 ins 2014 No. 5 s 17 (amd 2014 No. 26 s 224 )\n(sec.154-ssec.1) A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if— the relevant service provider has asked the public guardian, in writing, for an approval under the GAA, chapter 5B , part 4 to contain or seclude the adult and the request has not been decided; and the containment or seclusion— is necessary to prevent the adult’s behaviour causing harm to the adult or others; and is the least restrictive way of ensuring the safety of the adult or others; and a positive behaviour support plan or a respite/community access plan for the adult is being implemented; and the relevant service provider complies with section 165 .\n(sec.154-ssec.2) However, the relevant service provider may only contain or seclude the adult until the earlier of the following— the relevant service provider is given notice about the public guardian’s decision on the request; 30 days after the relevant service provider asks for the short term approval.\n(sec.154-ssec.3) It is not necessary to obtain the adult’s consent to the containment or seclusion of the adult under this section.\n- (a) the relevant service provider has asked the public guardian, in writing, for an approval under the GAA, chapter 5B , part 4 to contain or seclude the adult and the request has not been decided; and\n- (b) the containment or seclusion— (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and (ii) is the least restrictive way of ensuring the safety of the adult or others; and\n- (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) is the least restrictive way of ensuring the safety of the adult or others; and\n- (c) a positive behaviour support plan or a respite/community access plan for the adult is being implemented; and\n- (d) the relevant service provider complies with section 165 .\n- (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) is the least restrictive way of ensuring the safety of the adult or others; and\n- (a) the relevant service provider is given notice about the public guardian’s decision on the request;\n- (b) 30 days after the relevant service provider asks for the short term approval.","sortOrder":255},{"sectionNumber":"sec.155","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.155 Application of sdiv 2\n\nThis subdivision applies if—\na relevant service provider notifies the chief executive that the relevant service provider wishes to contain or seclude an adult with an intellectual or cognitive disability, other than in the course of providing respite services or community access services to the adult; and\nthe adult is not the subject of a containment or seclusion approval.\nUnder the GAA, chapter 5B , a relevant service provider other than the department must apply for a containment or seclusion approval jointly with the chief executive.\nIf the adult is the subject of an existing containment or seclusion approval, see subdivision 3 for changing the adult’s positive behaviour support plan.\ns 155 prev s 155 om 2014 No. 12 s 59\npres s 155 ins 2008 No. 23 s 7\n- (a) a relevant service provider notifies the chief executive that the relevant service provider wishes to contain or seclude an adult with an intellectual or cognitive disability, other than in the course of providing respite services or community access services to the adult; and\n- (b) the adult is not the subject of a containment or seclusion approval.\n- 1 Under the GAA, chapter 5B , a relevant service provider other than the department must apply for a containment or seclusion approval jointly with the chief executive.\n- 2 If the adult is the subject of an existing containment or seclusion approval, see subdivision 3 for changing the adult’s positive behaviour support plan.","sortOrder":256},{"sectionNumber":"sec.156","sectionType":"section","heading":"Chief executive to decide whether multidisciplinary assessment of adult will be conducted","content":"### sec.156 Chief executive to decide whether multidisciplinary assessment of adult will be conducted\n\nThe chief executive must decide whether a multidisciplinary assessment of the adult will be conducted.\nThe chief executive may decide a multidisciplinary assessment of the adult will be conducted if the chief executive considers it may be necessary for the relevant service provider to contain or seclude the adult to safeguard the adult or others from harm.\nIn deciding whether a multidisciplinary assessment of the adult will be conducted, the chief executive must consult with, and consider the views of, the following entities—\nthe adult;\nif the adult has a guardian or informal decision-maker—the guardian or informal decision-maker;\neach relevant service provider providing disability services or NDIS supports or services to the adult;\nif the chief executive is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act;\nif the chief executive is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 ;\nany other person considered by the chief executive to be integral to the chief executive’s decision.\na family member who is part of the adult’s support network, a key health care provider or an advocate for the adult\nDespite subsection (3) (b) , the chief executive is not required to consult with a person who is an informal decision-maker for the adult if—\nthe chief executive is not, and could not reasonably be expected to be, aware the person is an informal decision-maker for the adult; or\nafter taking all reasonable steps, the chief executive can not locate the person.\ns 156 prev s 156 om 2014 No. 12 s 59\npres s 156 ins 2008 No. 23 s 7\namd 2011 No. 13 s 181; 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 81 sch 1 ; 2020 No. 39 s 70 sch 1\n(sec.156-ssec.1) The chief executive must decide whether a multidisciplinary assessment of the adult will be conducted.\n(sec.156-ssec.2) The chief executive may decide a multidisciplinary assessment of the adult will be conducted if the chief executive considers it may be necessary for the relevant service provider to contain or seclude the adult to safeguard the adult or others from harm.\n(sec.156-ssec.3) In deciding whether a multidisciplinary assessment of the adult will be conducted, the chief executive must consult with, and consider the views of, the following entities— the adult; if the adult has a guardian or informal decision-maker—the guardian or informal decision-maker; each relevant service provider providing disability services or NDIS supports or services to the adult; if the chief executive is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act; if the chief executive is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 ; any other person considered by the chief executive to be integral to the chief executive’s decision. a family member who is part of the adult’s support network, a key health care provider or an advocate for the adult\n(sec.156-ssec.4) Despite subsection (3) (b) , the chief executive is not required to consult with a person who is an informal decision-maker for the adult if— the chief executive is not, and could not reasonably be expected to be, aware the person is an informal decision-maker for the adult; or after taking all reasonable steps, the chief executive can not locate the person.\n- (a) the adult;\n- (b) if the adult has a guardian or informal decision-maker—the guardian or informal decision-maker;\n- (c) each relevant service provider providing disability services or NDIS supports or services to the adult;\n- (d) if the chief executive is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act;\n- (e) if the chief executive is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 ;\n- (f) any other person considered by the chief executive to be integral to the chief executive’s decision. Example— a family member who is part of the adult’s support network, a key health care provider or an advocate for the adult\n- (a) the chief executive is not, and could not reasonably be expected to be, aware the person is an informal decision-maker for the adult; or\n- (b) after taking all reasonable steps, the chief executive can not locate the person.","sortOrder":257},{"sectionNumber":"sec.157","sectionType":"section","heading":"Notice of decision not to conduct assessment","content":"### sec.157 Notice of decision not to conduct assessment\n\nIf the chief executive decides a multidisciplinary assessment of the adult will not be conducted, the chief executive must give the following entities a decision notice about the decision—\nthe relevant service provider;\nthe adult;\na guardian or informal decision-maker for the adult who was consulted by the chief executive under section 156 (3) .\ns 157 prev s 157 om 2014 No. 12 s 59\npres s 157 ins 2008 No. 23 s 7\namd 2019 No. 19 s 81 sch 1\n- (a) the relevant service provider;\n- (b) the adult;\n- (c) a guardian or informal decision-maker for the adult who was consulted by the chief executive under section 156 (3) .","sortOrder":258},{"sectionNumber":"sec.158","sectionType":"section","heading":"Development of positive behaviour support plan following assessment","content":"### sec.158 Development of positive behaviour support plan following assessment\n\nThis section applies if a multidisciplinary assessment of the adult is conducted.\nThe chief executive must develop a positive behaviour support plan for the adult if, having regard to the findings, theories and recommendations of the persons who assessed the adult, the chief executive is satisfied—\nthe adult’s behaviour has previously resulted in harm to the adult or others; and\nit is necessary for the relevant service provider to contain or seclude the adult to safeguard the adult or others from harm; and\ncontaining or secluding the adult is the least restrictive way of ensuring the safety of the adult or others.\nThe positive behaviour support plan must provide for the use of any restrictive practice, including chemical, mechanical or physical restraint or restricting access, that is—\nwhen the plan is developed, proposed to be used in relation to the adult by any relevant service provider; and\nbased on the recommendations of the persons who assessed the adult.\nIn developing the positive behaviour support plan, the chief executive must—\nhave regard to a model positive behaviour support plan; and\nconsult with, and consider the views of, each entity that was consulted under section 156 (3) .\nIf the positive behaviour support plan provides for the use of chemical restraint, the chief executive must—\nconsult the adult’s treating doctor; and\ninform the adult’s treating doctor about—\nthe findings and theories of the persons who conducted the multidisciplinary assessment about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and\nthe strategies, including other restrictive practices, proposed to be used for—\nmeeting the adult’s needs and improving the adult’s capabilities and quality of life; and\nreducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\nIf the chief executive is not required to develop a positive behaviour support plan for the adult under subsection (2) , the chief executive must give the following entities a decision notice about the decision not to develop the plan—\nthe relevant service provider;\nthe adult;\na guardian or informal decision-maker for the adult who was consulted under section 156 (3) .\ns 158 prev s 158 om 2014 No. 12 s 59\npres s 158 ins 2008 No. 23 s 7\namd 2014 No. 5 s 18; 2019 No. 19 s 81 sch 1\n(sec.158-ssec.1) This section applies if a multidisciplinary assessment of the adult is conducted.\n(sec.158-ssec.2) The chief executive must develop a positive behaviour support plan for the adult if, having regard to the findings, theories and recommendations of the persons who assessed the adult, the chief executive is satisfied— the adult’s behaviour has previously resulted in harm to the adult or others; and it is necessary for the relevant service provider to contain or seclude the adult to safeguard the adult or others from harm; and containing or secluding the adult is the least restrictive way of ensuring the safety of the adult or others.\n(sec.158-ssec.3) The positive behaviour support plan must provide for the use of any restrictive practice, including chemical, mechanical or physical restraint or restricting access, that is— when the plan is developed, proposed to be used in relation to the adult by any relevant service provider; and based on the recommendations of the persons who assessed the adult.\n(sec.158-ssec.4) In developing the positive behaviour support plan, the chief executive must— have regard to a model positive behaviour support plan; and consult with, and consider the views of, each entity that was consulted under section 156 (3) .\n(sec.158-ssec.5) If the positive behaviour support plan provides for the use of chemical restraint, the chief executive must— consult the adult’s treating doctor; and inform the adult’s treating doctor about— the findings and theories of the persons who conducted the multidisciplinary assessment about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and the strategies, including other restrictive practices, proposed to be used for— meeting the adult’s needs and improving the adult’s capabilities and quality of life; and reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n(sec.158-ssec.6) If the chief executive is not required to develop a positive behaviour support plan for the adult under subsection (2) , the chief executive must give the following entities a decision notice about the decision not to develop the plan— the relevant service provider; the adult; a guardian or informal decision-maker for the adult who was consulted under section 156 (3) .\n- (a) the adult’s behaviour has previously resulted in harm to the adult or others; and\n- (b) it is necessary for the relevant service provider to contain or seclude the adult to safeguard the adult or others from harm; and\n- (c) containing or secluding the adult is the least restrictive way of ensuring the safety of the adult or others.\n- (a) when the plan is developed, proposed to be used in relation to the adult by any relevant service provider; and\n- (b) based on the recommendations of the persons who assessed the adult.\n- (a) have regard to a model positive behaviour support plan; and\n- (b) consult with, and consider the views of, each entity that was consulted under section 156 (3) .\n- (a) consult the adult’s treating doctor; and\n- (b) inform the adult’s treating doctor about— (i) the findings and theories of the persons who conducted the multidisciplinary assessment about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and (ii) the strategies, including other restrictive practices, proposed to be used for— (A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and (B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n- (i) the findings and theories of the persons who conducted the multidisciplinary assessment about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and\n- (ii) the strategies, including other restrictive practices, proposed to be used for— (A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and (B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n- (A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and\n- (B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n- (i) the findings and theories of the persons who conducted the multidisciplinary assessment about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and\n- (ii) the strategies, including other restrictive practices, proposed to be used for— (A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and (B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n- (A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and\n- (B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n- (A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and\n- (B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n- (a) the relevant service provider;\n- (b) the adult;\n- (c) a guardian or informal decision-maker for the adult who was consulted under section 156 (3) .","sortOrder":259},{"sectionNumber":"sec.159","sectionType":"section","heading":"Participation of psychiatrist or senior practitioner in development of plan","content":"### sec.159 Participation of psychiatrist or senior practitioner in development of plan\n\nThis section applies if—\nthe chief executive is aware the adult is—\nsubject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 ; or\na forensic disability client; and\nthe chief executive develops a positive behaviour support plan for the adult under this division.\nThe chief executive must ensure a following person is given the opportunity to participate in the development of the positive behaviour support plan—\nfor an adult mentioned in subsection (1) (a) (i) —the authorised psychiatrist responsible for treating the adult under the Mental Health Act 2016 ;\nfor an adult mentioned in subsection (1) (a) (ii) —a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 .\ns 159 prev s 159 om 2014 No. 12 s 59\npres s 159 ins 2008 No. 23 s 7\namd 2011 No. 13 s 182; 2016 No. 5 s 923 sch 4\n(sec.159-ssec.1) This section applies if— the chief executive is aware the adult is— subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 ; or a forensic disability client; and the chief executive develops a positive behaviour support plan for the adult under this division.\n(sec.159-ssec.2) The chief executive must ensure a following person is given the opportunity to participate in the development of the positive behaviour support plan— for an adult mentioned in subsection (1) (a) (i) —the authorised psychiatrist responsible for treating the adult under the Mental Health Act 2016 ; for an adult mentioned in subsection (1) (a) (ii) —a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 .\n- (a) the chief executive is aware the adult is— (i) subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 ; or (ii) a forensic disability client; and\n- (i) subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 ; or\n- (ii) a forensic disability client; and\n- (b) the chief executive develops a positive behaviour support plan for the adult under this division.\n- (i) subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 ; or\n- (ii) a forensic disability client; and\n- (a) for an adult mentioned in subsection (1) (a) (i) —the authorised psychiatrist responsible for treating the adult under the Mental Health Act 2016 ;\n- (b) for an adult mentioned in subsection (1) (a) (ii) —a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 .","sortOrder":260},{"sectionNumber":"sec.160","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.160 Application of sdiv 3\n\nThis subdivision applies if an adult with an intellectual or cognitive disability is the subject of a containment or seclusion approval.\ns 160 prev s 160 om 2014 No. 12 s 59\npres s 160 ins 2008 No. 23 s 7","sortOrder":261},{"sectionNumber":"sec.161","sectionType":"section","heading":"Who may change positive behaviour support plan","content":"### sec.161 Who may change positive behaviour support plan\n\nThe positive behaviour support plan for the adult may be changed only by the chief executive.\ns 161 prev s 161 om 2014 No. 12 s 59\npres s 161 ins 2008 No. 23 s 7","sortOrder":262},{"sectionNumber":"sec.162","sectionType":"section","heading":"When chief executive must decide whether positive behaviour support plan should be changed","content":"### sec.162 When chief executive must decide whether positive behaviour support plan should be changed\n\nThe chief executive must decide whether a change to the adult’s positive behaviour support plan should be made if—\na relevant service provider asks the chief executive, in writing, to make a change to the plan; or\nthe chief executive becomes aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 .\nA new relevant service provider wants to use a restrictive practice in relation to the adult, including chemical, mechanical or physical restraint or restricting access.\nThe relevant service provider to which the containment or seclusion approval applies wants to change a detail stated in the positive behaviour support plan for the adult.\nThe containment or seclusion approval is about to expire and the relevant service provider to which the approval applies wishes to apply for a new approval.\ns 162 prev s 162 om 2014 No. 12 s 59\npres s 162 ins 2008 No. 23 s 7\namd 2016 No. 5 s 923 sch 4\n- (a) a relevant service provider asks the chief executive, in writing, to make a change to the plan; or\n- (b) the chief executive becomes aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 .\n- • A new relevant service provider wants to use a restrictive practice in relation to the adult, including chemical, mechanical or physical restraint or restricting access.\n- • The relevant service provider to which the containment or seclusion approval applies wants to change a detail stated in the positive behaviour support plan for the adult.\n- • The containment or seclusion approval is about to expire and the relevant service provider to which the approval applies wishes to apply for a new approval.","sortOrder":263},{"sectionNumber":"sec.163","sectionType":"section","heading":"Requirements for chief executive’s decision about whether change should be made","content":"### sec.163 Requirements for chief executive’s decision about whether change should be made\n\nThe chief executive may decide a change should be made to the adult’s positive behaviour support plan only if satisfied the change would not—\nincrease the risk of the adult’s behaviour causing harm to the adult or others; or\ndecrease the extent to which the adult’s needs are met or the adult’s capabilities and quality of life are improved.\nFor deciding whether a change should be made, the chief executive may arrange for all or part of a multidisciplinary assessment to be conducted, or consult any of the entities listed in section 156 (3) , as the chief executive considers appropriate in the circumstances.\nHowever, if the chief executive is deciding whether a change should be made because the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , the chief executive must consult the authorised psychiatrist responsible for treating the adult under that Act.\nAlso, if the chief executive is deciding whether a change should be made because the adult is a forensic disability client, the chief executive must consult a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 .\nSubsection (2) applies subject to any order or direction of the tribunal.\ns 163 prev s 163 om 2014 No. 12 s 59\npres s 163 ins 2008 No. 23 s 7\namd 2009 No. 24 s 57; 2011 No. 13 s 183; 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 81 sch 1\n(sec.163-ssec.1) The chief executive may decide a change should be made to the adult’s positive behaviour support plan only if satisfied the change would not— increase the risk of the adult’s behaviour causing harm to the adult or others; or decrease the extent to which the adult’s needs are met or the adult’s capabilities and quality of life are improved.\n(sec.163-ssec.2) For deciding whether a change should be made, the chief executive may arrange for all or part of a multidisciplinary assessment to be conducted, or consult any of the entities listed in section 156 (3) , as the chief executive considers appropriate in the circumstances.\n(sec.163-ssec.3) However, if the chief executive is deciding whether a change should be made because the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , the chief executive must consult the authorised psychiatrist responsible for treating the adult under that Act.\n(sec.163-ssec.4) Also, if the chief executive is deciding whether a change should be made because the adult is a forensic disability client, the chief executive must consult a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 .\n(sec.163-ssec.5) Subsection (2) applies subject to any order or direction of the tribunal.\n- (a) increase the risk of the adult’s behaviour causing harm to the adult or others; or\n- (b) decrease the extent to which the adult’s needs are met or the adult’s capabilities and quality of life are improved.","sortOrder":264},{"sectionNumber":"sec.164","sectionType":"section","heading":"Action of chief executive after deciding whether change should be made","content":"### sec.164 Action of chief executive after deciding whether change should be made\n\nIf the chief executive decides a change to the adult’s positive behaviour support plan should be made, the chief executive must decide whether the change requires a GAA application to be made.\nThe change requires the making of a GAA application if it—\nis inconsistent with the terms of an existing containment or seclusion approval; or\nThe existing containment or seclusion approval approves seclusion for periods of not more than 15 minutes. The change is to increase the maximum period to 30 minutes.\nThe existing containment or seclusion approval applies to relevant service provider A. The change is for relevant service provider B to use a restrictive practice in relation to the adult.\nThe existing containment or seclusion approval is for seclusion. The change is for the additional use of mechanical restraint.\nis requested because an existing containment or seclusion approval is about to expire and the relevant service provider proposes to apply for a further approval.\nIf the change does not require the making of a GAA application, the chief executive must make the change and give a copy of the amended plan to the following—\nthe tribunal;\nthe adult;\nif the adult has a guardian or informal decision-maker—the guardian or informal decision-maker;\nthe relevant service provider to which an existing containment or seclusion approval applies.\nHowever, the chief executive is not required to give a copy of the amended plan to a person who is an informal decision-maker for the adult if—\nthe chief executive is not, and could not reasonably be expected to be, aware the person is an informal decision-maker for the adult; or\nafter taking all reasonable steps, the chief executive can not locate the person.\nAs soon as practicable after making the decision mentioned in subsection (1) , the chief executive must give a prescribed notice to—\nif the chief executive was required to decide whether a change should be made because of a request made by a relevant service provider—the relevant service provider; or\nIf the chief executive decides the change should not be made and the relevant service provider is dissatisfied with the decision, the relevant service provider could apply to the tribunal under the GAA, section 80ZA for review of the existing containment or seclusion approval.\nif the chief executive was required to decide whether a change should be made because the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , or is a forensic disability client—\nthe relevant director; and\nthe relevant service provider to which an existing containment or seclusion approval applies.\nIn this section—\nGAA application means an application to the tribunal for—\nthe giving of a new containment or seclusion approval; or\nreview of an existing containment or seclusion approval.\nprescribed notice means a notice stating the chief executive’s decisions about—\nwhether a change should be made to the positive behaviour support plan for the adult; and\nif the chief executive decides a change should be made—whether the change requires the making of a GAA application.\nrelevant director means—\nif the adult is a forensic disability client—the director of forensic disability; or\notherwise—the chief psychiatrist.\ns 164 prev s 164 om 2014 No. 12 s 59\npres s 164 ins 2008 No. 23 s 7\namd 2009 No. 24 s 58; 2011 No. 13 s 184; 2016 No. 5 s 923 sch 4\n(sec.164-ssec.1) If the chief executive decides a change to the adult’s positive behaviour support plan should be made, the chief executive must decide whether the change requires a GAA application to be made.\n(sec.164-ssec.2) The change requires the making of a GAA application if it— is inconsistent with the terms of an existing containment or seclusion approval; or The existing containment or seclusion approval approves seclusion for periods of not more than 15 minutes. The change is to increase the maximum period to 30 minutes. The existing containment or seclusion approval applies to relevant service provider A. The change is for relevant service provider B to use a restrictive practice in relation to the adult. The existing containment or seclusion approval is for seclusion. The change is for the additional use of mechanical restraint. is requested because an existing containment or seclusion approval is about to expire and the relevant service provider proposes to apply for a further approval.\n(sec.164-ssec.3) If the change does not require the making of a GAA application, the chief executive must make the change and give a copy of the amended plan to the following— the tribunal; the adult; if the adult has a guardian or informal decision-maker—the guardian or informal decision-maker; the relevant service provider to which an existing containment or seclusion approval applies.\n(sec.164-ssec.4) However, the chief executive is not required to give a copy of the amended plan to a person who is an informal decision-maker for the adult if— the chief executive is not, and could not reasonably be expected to be, aware the person is an informal decision-maker for the adult; or after taking all reasonable steps, the chief executive can not locate the person.\n(sec.164-ssec.5) As soon as practicable after making the decision mentioned in subsection (1) , the chief executive must give a prescribed notice to— if the chief executive was required to decide whether a change should be made because of a request made by a relevant service provider—the relevant service provider; or If the chief executive decides the change should not be made and the relevant service provider is dissatisfied with the decision, the relevant service provider could apply to the tribunal under the GAA, section 80ZA for review of the existing containment or seclusion approval. if the chief executive was required to decide whether a change should be made because the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , or is a forensic disability client— the relevant director; and the relevant service provider to which an existing containment or seclusion approval applies.\n(sec.164-ssec.6) In this section— GAA application means an application to the tribunal for— the giving of a new containment or seclusion approval; or review of an existing containment or seclusion approval. prescribed notice means a notice stating the chief executive’s decisions about— whether a change should be made to the positive behaviour support plan for the adult; and if the chief executive decides a change should be made—whether the change requires the making of a GAA application. relevant director means— if the adult is a forensic disability client—the director of forensic disability; or otherwise—the chief psychiatrist.\n- (a) is inconsistent with the terms of an existing containment or seclusion approval; or Examples— • The existing containment or seclusion approval approves seclusion for periods of not more than 15 minutes. The change is to increase the maximum period to 30 minutes. • The existing containment or seclusion approval applies to relevant service provider A. The change is for relevant service provider B to use a restrictive practice in relation to the adult. • The existing containment or seclusion approval is for seclusion. The change is for the additional use of mechanical restraint.\n- • The existing containment or seclusion approval approves seclusion for periods of not more than 15 minutes. The change is to increase the maximum period to 30 minutes.\n- • The existing containment or seclusion approval applies to relevant service provider A. The change is for relevant service provider B to use a restrictive practice in relation to the adult.\n- • The existing containment or seclusion approval is for seclusion. The change is for the additional use of mechanical restraint.\n- (b) is requested because an existing containment or seclusion approval is about to expire and the relevant service provider proposes to apply for a further approval.\n- • The existing containment or seclusion approval approves seclusion for periods of not more than 15 minutes. The change is to increase the maximum period to 30 minutes.\n- • The existing containment or seclusion approval applies to relevant service provider A. The change is for relevant service provider B to use a restrictive practice in relation to the adult.\n- • The existing containment or seclusion approval is for seclusion. The change is for the additional use of mechanical restraint.\n- (a) the tribunal;\n- (b) the adult;\n- (c) if the adult has a guardian or informal decision-maker—the guardian or informal decision-maker;\n- (d) the relevant service provider to which an existing containment or seclusion approval applies.\n- (a) the chief executive is not, and could not reasonably be expected to be, aware the person is an informal decision-maker for the adult; or\n- (b) after taking all reasonable steps, the chief executive can not locate the person.\n- (a) if the chief executive was required to decide whether a change should be made because of a request made by a relevant service provider—the relevant service provider; or Note— If the chief executive decides the change should not be made and the relevant service provider is dissatisfied with the decision, the relevant service provider could apply to the tribunal under the GAA, section 80ZA for review of the existing containment or seclusion approval.\n- (b) if the chief executive was required to decide whether a change should be made because the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , or is a forensic disability client— (i) the relevant director; and (ii) the relevant service provider to which an existing containment or seclusion approval applies.\n- (i) the relevant director; and\n- (ii) the relevant service provider to which an existing containment or seclusion approval applies.\n- (i) the relevant director; and\n- (ii) the relevant service provider to which an existing containment or seclusion approval applies.\n- (a) the giving of a new containment or seclusion approval; or\n- (b) review of an existing containment or seclusion approval.\n- (a) whether a change should be made to the positive behaviour support plan for the adult; and\n- (b) if the chief executive decides a change should be made—whether the change requires the making of a GAA application.\n- (a) if the adult is a forensic disability client—the director of forensic disability; or\n- (b) otherwise—the chief psychiatrist.","sortOrder":265},{"sectionNumber":"sec.165","sectionType":"section","heading":"Relevant service provider to ensure adult’s needs are met","content":"### sec.165 Relevant service provider to ensure adult’s needs are met\n\nA relevant service provider containing or secluding an adult with an intellectual or cognitive disability must ensure the adult is given each of the following—\nsufficient bedding and clothing;\nsufficient food and drink;\naccess to adequate heating and cooling;\naccess to toilet facilities;\nthe adult’s medication as prescribed by a doctor.\ns 165 prev s 165 om 2014 No. 12 s 59\npres s 165 ins 2008 No. 23 s 7\n- (a) sufficient bedding and clothing;\n- (b) sufficient food and drink;\n- (c) access to adequate heating and cooling;\n- (d) access to toilet facilities;\n- (e) the adult’s medication as prescribed by a doctor.","sortOrder":266},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Use of restrictive practices other than containment or seclusion","content":"## Use of restrictive practices other than containment or seclusion","sortOrder":267},{"sectionNumber":"sec.165A","sectionType":"section","heading":"Authorisation of chemical, mechanical or physical restraint or restricting access","content":"### sec.165A Authorisation of chemical, mechanical or physical restraint or restricting access\n\nA relevant service provider is authorised under this part to use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability if—\nfor an adult who must be assessed under section 148 —the assessment has been carried out under that section; and\nthe relevant service provider may use the restrictive practice under sections 166 to 171 ; and\nfor an adult in relation to whom subdivision 2 applies—any change to the adult’s positive behaviour support plan is made by the relevant service provider under section 174 .\ns 165A ins 2019 No. 19 s 22\n- (a) for an adult who must be assessed under section 148 —the assessment has been carried out under that section; and\n- (b) the relevant service provider may use the restrictive practice under sections 166 to 171 ; and\n- (c) for an adult in relation to whom subdivision 2 applies—any change to the adult’s positive behaviour support plan is made by the relevant service provider under section 174 .","sortOrder":268},{"sectionNumber":"sec.166","sectionType":"section","heading":"Using chemical, mechanical or physical restraint, or restricting access, with consent of guardian etc.","content":"### sec.166 Using chemical, mechanical or physical restraint, or restricting access, with consent of guardian etc.\n\nA relevant service provider may use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability if—\nuse of the restrictive practice is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\nuse of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and\neither—\nif the adult is the subject of a containment or seclusion approval—use of the restrictive practice complies with—\nthe approval; and\nif the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under division 3 ; or\notherwise—use of the restrictive practice complies with—\na positive behaviour support plan for the adult developed by the relevant service provider under this division; and\nthe consent of a relevant decision-maker for the adult.\nFor subsection (1) (c) , the restrictive practice is not used in compliance with a positive behaviour support plan if the relevant service provider does not implement the positive strategies stated in the plan.\nIn this section—\nrelevant decision-maker , for an adult with an intellectual or cognitive disability, means—\na guardian for a restrictive practice (general) matter for the adult; or\nfor restricting access of the adult, if there is no guardian for a restrictive practice (general) matter for the adult—an informal decision-maker for the adult.\ns 166 prev s 166 om 2014 No. 12 s 59\npres s 166 ins 2008 No. 23 s 7\namd 2014 No. 5 s 19\n(sec.166-ssec.1) A relevant service provider may use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability if— use of the restrictive practice is necessary to prevent the adult’s behaviour causing harm to the adult or others; and use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and either— if the adult is the subject of a containment or seclusion approval—use of the restrictive practice complies with— the approval; and if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under division 3 ; or otherwise—use of the restrictive practice complies with— a positive behaviour support plan for the adult developed by the relevant service provider under this division; and the consent of a relevant decision-maker for the adult.\n(sec.166-ssec.2) For subsection (1) (c) , the restrictive practice is not used in compliance with a positive behaviour support plan if the relevant service provider does not implement the positive strategies stated in the plan.\n(sec.166-ssec.3) In this section— relevant decision-maker , for an adult with an intellectual or cognitive disability, means— a guardian for a restrictive practice (general) matter for the adult; or for restricting access of the adult, if there is no guardian for a restrictive practice (general) matter for the adult—an informal decision-maker for the adult.\n- (a) use of the restrictive practice is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (b) use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and\n- (c) either— (i) if the adult is the subject of a containment or seclusion approval—use of the restrictive practice complies with— (A) the approval; and (B) if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under division 3 ; or (ii) otherwise—use of the restrictive practice complies with— (A) a positive behaviour support plan for the adult developed by the relevant service provider under this division; and (B) the consent of a relevant decision-maker for the adult.\n- (i) if the adult is the subject of a containment or seclusion approval—use of the restrictive practice complies with— (A) the approval; and (B) if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under division 3 ; or\n- (A) the approval; and\n- (B) if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under division 3 ; or\n- (ii) otherwise—use of the restrictive practice complies with— (A) a positive behaviour support plan for the adult developed by the relevant service provider under this division; and (B) the consent of a relevant decision-maker for the adult.\n- (A) a positive behaviour support plan for the adult developed by the relevant service provider under this division; and\n- (B) the consent of a relevant decision-maker for the adult.\n- (i) if the adult is the subject of a containment or seclusion approval—use of the restrictive practice complies with— (A) the approval; and (B) if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under division 3 ; or\n- (A) the approval; and\n- (B) if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under division 3 ; or\n- (ii) otherwise—use of the restrictive practice complies with— (A) a positive behaviour support plan for the adult developed by the relevant service provider under this division; and (B) the consent of a relevant decision-maker for the adult.\n- (A) a positive behaviour support plan for the adult developed by the relevant service provider under this division; and\n- (B) the consent of a relevant decision-maker for the adult.\n- (A) the approval; and\n- (B) if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under division 3 ; or\n- (A) a positive behaviour support plan for the adult developed by the relevant service provider under this division; and\n- (B) the consent of a relevant decision-maker for the adult.\n- (a) a guardian for a restrictive practice (general) matter for the adult; or\n- (b) for restricting access of the adult, if there is no guardian for a restrictive practice (general) matter for the adult—an informal decision-maker for the adult.","sortOrder":269},{"sectionNumber":"sec.167","sectionType":"section","heading":"Using chemical, mechanical or physical restraint, or restricting access, for respite services or community access services","content":"### sec.167 Using chemical, mechanical or physical restraint, or restricting access, for respite services or community access services\n\nA relevant service provider may use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability in the course of providing respite services or community access services to the adult if—\nuse of the restrictive practice is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\nuse of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and\nbefore using the restrictive practice, the relevant service provider complies with the requirements under division 5 ; and\nuse of the restrictive practice complies with—\nthe consent of a relevant decision-maker (respite) for the adult; and\na respite/community access plan for the adult.\nFor subsection (1) (d) (ii) , the restrictive practice is not used in compliance with the respite/community access plan if the relevant service provider does not implement the positive strategies stated in the plan.\nThis section does not apply if the adult is the subject of a containment or seclusion approval.\nThis section does not apply to chemical restraint (fixed dose) used in the course of providing respite services to the adult.\ns 167 prev s 167 om 2014 No. 12 s 59\npres s 167 ins 2008 No. 23 s 7\namd 2014 No. 5 s 20\n(sec.167-ssec.1) A relevant service provider may use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability in the course of providing respite services or community access services to the adult if— use of the restrictive practice is necessary to prevent the adult’s behaviour causing harm to the adult or others; and use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and before using the restrictive practice, the relevant service provider complies with the requirements under division 5 ; and use of the restrictive practice complies with— the consent of a relevant decision-maker (respite) for the adult; and a respite/community access plan for the adult.\n(sec.167-ssec.2) For subsection (1) (d) (ii) , the restrictive practice is not used in compliance with the respite/community access plan if the relevant service provider does not implement the positive strategies stated in the plan.\n(sec.167-ssec.3) This section does not apply if the adult is the subject of a containment or seclusion approval.\n(sec.167-ssec.4) This section does not apply to chemical restraint (fixed dose) used in the course of providing respite services to the adult.\n- (a) use of the restrictive practice is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (b) use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and\n- (c) before using the restrictive practice, the relevant service provider complies with the requirements under division 5 ; and\n- (d) use of the restrictive practice complies with— (i) the consent of a relevant decision-maker (respite) for the adult; and (ii) a respite/community access plan for the adult.\n- (i) the consent of a relevant decision-maker (respite) for the adult; and\n- (ii) a respite/community access plan for the adult.\n- (i) the consent of a relevant decision-maker (respite) for the adult; and\n- (ii) a respite/community access plan for the adult.","sortOrder":270},{"sectionNumber":"sec.168","sectionType":"section","heading":"Using chemical restraint (fixed dose) for respite services","content":"### sec.168 Using chemical restraint (fixed dose) for respite services\n\nA relevant service provider may use chemical restraint (fixed dose) on an adult with an intellectual or cognitive disability in the course of providing respite services to the adult if use of the chemical restraint complies with the consent of a relevant decision-maker (respite) for the adult.\nThis section does not apply if the adult is the subject of a containment or seclusion approval.\ns 168 prev s 168 amd 2011 No. 32 s 332 s ch 1 pt 2 (amd 2012 No. 9 s 47 ); 2014 No. 26 s 220\nom 2014 No. 12 s 59\npres s 168 ins 2008 No. 23 s 7\namd 2014 No. 5 s 21\n(sec.168-ssec.1) A relevant service provider may use chemical restraint (fixed dose) on an adult with an intellectual or cognitive disability in the course of providing respite services to the adult if use of the chemical restraint complies with the consent of a relevant decision-maker (respite) for the adult.\n(sec.168-ssec.2) This section does not apply if the adult is the subject of a containment or seclusion approval.","sortOrder":271},{"sectionNumber":"sec.169","sectionType":"section","heading":"Using chemical, mechanical or physical restraint, or restricting access, if consent ended","content":"### sec.169 Using chemical, mechanical or physical restraint, or restricting access, if consent ended\n\nThis section applies if—\nthe guardian for a restrictive practice matter for an adult with an intellectual or cognitive disability is the public guardian; and\nthe public guardian has given consent (the existing consent ) to the use of a restrictive practice, other than containment or seclusion, in relation to the adult.\nA relevant service provider may use the restrictive practice after the existing consent ends if—\nat least 30 days before the existing consent ends, the relevant service provider asks the public guardian, in writing, to consent to the use of the restrictive practice in relation to the adult; and\nat the time the existing consent ends, the public guardian has not decided whether to give the consent; and\nuse of the restrictive practice—\nis necessary to prevent the adult’s behaviour causing harm to the adult or others; and\nis the least restrictive way of ensuring the safety of the adult or others; and\ncomplies with the existing consent and the positive behaviour support plan or respite/community access plan for the adult.\nHowever, the relevant service provider may only use the restrictive practice under this section until the earlier of the following—\nthe public guardian gives the relevant service provider notice about the public guardian’s decision whether to give the consent;\n30 days after the existing consent ends.\ns 169 prev s 169 om 2014 No. 12 s 59\npres s 169 ins 2014 No. 5 s 22 (amd 2014 No. 26 s 225 )\n(sec.169-ssec.1) This section applies if— the guardian for a restrictive practice matter for an adult with an intellectual or cognitive disability is the public guardian; and the public guardian has given consent (the existing consent ) to the use of a restrictive practice, other than containment or seclusion, in relation to the adult.\n(sec.169-ssec.2) A relevant service provider may use the restrictive practice after the existing consent ends if— at least 30 days before the existing consent ends, the relevant service provider asks the public guardian, in writing, to consent to the use of the restrictive practice in relation to the adult; and at the time the existing consent ends, the public guardian has not decided whether to give the consent; and use of the restrictive practice— is necessary to prevent the adult’s behaviour causing harm to the adult or others; and is the least restrictive way of ensuring the safety of the adult or others; and complies with the existing consent and the positive behaviour support plan or respite/community access plan for the adult.\n(sec.169-ssec.3) However, the relevant service provider may only use the restrictive practice under this section until the earlier of the following— the public guardian gives the relevant service provider notice about the public guardian’s decision whether to give the consent; 30 days after the existing consent ends.\n- (a) the guardian for a restrictive practice matter for an adult with an intellectual or cognitive disability is the public guardian; and\n- (b) the public guardian has given consent (the existing consent ) to the use of a restrictive practice, other than containment or seclusion, in relation to the adult.\n- (a) at least 30 days before the existing consent ends, the relevant service provider asks the public guardian, in writing, to consent to the use of the restrictive practice in relation to the adult; and\n- (b) at the time the existing consent ends, the public guardian has not decided whether to give the consent; and\n- (c) use of the restrictive practice— (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and (ii) is the least restrictive way of ensuring the safety of the adult or others; and (iii) complies with the existing consent and the positive behaviour support plan or respite/community access plan for the adult.\n- (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) is the least restrictive way of ensuring the safety of the adult or others; and\n- (iii) complies with the existing consent and the positive behaviour support plan or respite/community access plan for the adult.\n- (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) is the least restrictive way of ensuring the safety of the adult or others; and\n- (iii) complies with the existing consent and the positive behaviour support plan or respite/community access plan for the adult.\n- (a) the public guardian gives the relevant service provider notice about the public guardian’s decision whether to give the consent;\n- (b) 30 days after the existing consent ends.","sortOrder":272},{"sectionNumber":"sec.170","sectionType":"section","heading":"Using chemical, mechanical or physical restraint, or restricting access, under short term approval","content":"### sec.170 Using chemical, mechanical or physical restraint, or restricting access, under short term approval\n\nA relevant service provider may use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability if—\nthere is an immediate and serious risk of harm to the adult or others; and\nuse of the restrictive practice—\nis necessary to prevent the adult’s behaviour causing harm to the adult or others; and\nis the least restrictive way of ensuring the safety of the adult or others; and\ncomplies with a short term approval.\nIt is not necessary to obtain the adult’s consent to the use of a restrictive practice under this section.\ns 170 prev s 170 om 2014 No. 12 s 59\npres s 170 ins 2008 No. 23 s 7\namd 2014 No. 5 s 23\n(sec.170-ssec.1) A relevant service provider may use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability if— there is an immediate and serious risk of harm to the adult or others; and use of the restrictive practice— is necessary to prevent the adult’s behaviour causing harm to the adult or others; and is the least restrictive way of ensuring the safety of the adult or others; and complies with a short term approval.\n(sec.170-ssec.2) It is not necessary to obtain the adult’s consent to the use of a restrictive practice under this section.\n- (a) there is an immediate and serious risk of harm to the adult or others; and\n- (b) use of the restrictive practice— (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and (ii) is the least restrictive way of ensuring the safety of the adult or others; and (iii) complies with a short term approval.\n- (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) is the least restrictive way of ensuring the safety of the adult or others; and\n- (iii) complies with a short term approval.\n- (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) is the least restrictive way of ensuring the safety of the adult or others; and\n- (iii) complies with a short term approval.","sortOrder":273},{"sectionNumber":"sec.171","sectionType":"section","heading":"Using chemical, mechanical or physical restraint, or restricting access, before decision on short term approval","content":"### sec.171 Using chemical, mechanical or physical restraint, or restricting access, before decision on short term approval\n\nA relevant service provider may use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability if—\nthe relevant service provider has asked the chief executive, in writing, for an approval under section 178 to use the restrictive practice in relation to the adult and the request has not been decided; and\nuse of the restrictive practice—\nis necessary to prevent the adult’s behaviour causing harm to the adult or others; and\nis the least restrictive way of ensuring the safety of the adult or others; and\na positive behaviour support plan or a respite/community access plan for the adult is being implemented.\nHowever, the relevant service provider may only use the restrictive practice until the earlier of the following—\nthe relevant service provider is given notice about the chief executive’s decision on the request;\n30 days after the relevant service provider asks for the short term approval.\nIt is not necessary to obtain the adult’s consent to the use of a restrictive practice under this section.\ns 171 prev s 171 om 2014 No. 12 s 59\npres s 171 ins 2014 No. 5 s 24\n(sec.171-ssec.1) A relevant service provider may use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability if— the relevant service provider has asked the chief executive, in writing, for an approval under section 178 to use the restrictive practice in relation to the adult and the request has not been decided; and use of the restrictive practice— is necessary to prevent the adult’s behaviour causing harm to the adult or others; and is the least restrictive way of ensuring the safety of the adult or others; and a positive behaviour support plan or a respite/community access plan for the adult is being implemented.\n(sec.171-ssec.2) However, the relevant service provider may only use the restrictive practice until the earlier of the following— the relevant service provider is given notice about the chief executive’s decision on the request; 30 days after the relevant service provider asks for the short term approval.\n(sec.171-ssec.3) It is not necessary to obtain the adult’s consent to the use of a restrictive practice under this section.\n- (a) the relevant service provider has asked the chief executive, in writing, for an approval under section 178 to use the restrictive practice in relation to the adult and the request has not been decided; and\n- (b) use of the restrictive practice— (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and (ii) is the least restrictive way of ensuring the safety of the adult or others; and\n- (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) is the least restrictive way of ensuring the safety of the adult or others; and\n- (c) a positive behaviour support plan or a respite/community access plan for the adult is being implemented.\n- (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) is the least restrictive way of ensuring the safety of the adult or others; and\n- (a) the relevant service provider is given notice about the chief executive’s decision on the request;\n- (b) 30 days after the relevant service provider asks for the short term approval.","sortOrder":274},{"sectionNumber":"sec.172","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.172 Application of sdiv 2\n\nThis subdivision applies if—\na relevant service provider proposes to use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability, other than—\nunder a short term approval; or\nin the course of providing respite services or community access services to the adult; and\nthe adult is not the subject of a containment or seclusion approval; and\nIf the adult is the subject of a containment or seclusion approval, and the adult’s positive behaviour support plan does not provide for the relevant service provider’s use of the restrictive practice mentioned in paragraph (a) , the relevant service provider must—\nask the chief executive to change the positive behaviour support plan to provide for the relevant service provider’s use of the restrictive practice (see division 3 , subdivision 3 ); and\napply to the tribunal for the making or review of a containment or seclusion approval in relation to the relevant service provider’s use of the restrictive practice.\nthe relevant service provider does not propose to contain or seclude the adult in addition to using the restrictive practice mentioned in paragraph (a) .\ns 172 prev s 172 om 2014 No. 12 s 59\npres s 172 ins 2008 No. 23 s 7\namd 2009 No. 24 s 59\n- (a) a relevant service provider proposes to use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability, other than— (i) under a short term approval; or (ii) in the course of providing respite services or community access services to the adult; and\n- (i) under a short term approval; or\n- (ii) in the course of providing respite services or community access services to the adult; and\n- (b) the adult is not the subject of a containment or seclusion approval; and Note— If the adult is the subject of a containment or seclusion approval, and the adult’s positive behaviour support plan does not provide for the relevant service provider’s use of the restrictive practice mentioned in paragraph (a) , the relevant service provider must— (a) ask the chief executive to change the positive behaviour support plan to provide for the relevant service provider’s use of the restrictive practice (see division 3 , subdivision 3 ); and (b) apply to the tribunal for the making or review of a containment or seclusion approval in relation to the relevant service provider’s use of the restrictive practice.\n- (a) ask the chief executive to change the positive behaviour support plan to provide for the relevant service provider’s use of the restrictive practice (see division 3 , subdivision 3 ); and\n- (b) apply to the tribunal for the making or review of a containment or seclusion approval in relation to the relevant service provider’s use of the restrictive practice.\n- (c) the relevant service provider does not propose to contain or seclude the adult in addition to using the restrictive practice mentioned in paragraph (a) .\n- (i) under a short term approval; or\n- (ii) in the course of providing respite services or community access services to the adult; and\n- (a) ask the chief executive to change the positive behaviour support plan to provide for the relevant service provider’s use of the restrictive practice (see division 3 , subdivision 3 ); and\n- (b) apply to the tribunal for the making or review of a containment or seclusion approval in relation to the relevant service provider’s use of the restrictive practice.","sortOrder":275},{"sectionNumber":"sec.173","sectionType":"section","heading":"Requirements for development of positive behaviour support plan—assessment and consultation","content":"### sec.173 Requirements for development of positive behaviour support plan—assessment and consultation\n\nThis section states the requirements with which the relevant service provider must comply in developing a positive behaviour support plan for the adult.\nThe relevant service provider must—\nensure the adult is assessed; and\nSee section 148 for requirements about the assessment of the adult.\nif the provider is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —ensure the authorised psychiatrist responsible for treating the adult under that Act is given the opportunity to participate in the development of the positive behaviour support plan; and\nif the provider is aware the adult is a forensic disability client—ensure a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 is given the opportunity to participate in the development of the positive behaviour support plan; and\nconsult with, and consider the views of, the following—\nthe adult;\nany guardian or informal decision-maker for the adult;\nany other relevant service provider providing disability services or NDIS supports or services to the adult;\nanother person considered by the provider to be integral to the development of the plan; and\na family member who is part of the adult’s support network, a key health care provider or an advocate for the adult\nhave regard to a model positive behaviour support plan.\nAlso, if the relevant service provider proposes to use chemical restraint, the relevant service provider must—\nconsult the adult’s treating doctor; and\ninform the adult’s treating doctor about—\nthe findings and theories of the person who assessed the adult about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and\nthe strategies, including other restrictive practices, proposed to be used in conjunction with the use of the chemical restraint for—\nmeeting the adult’s needs and improving the adult’s capabilities and quality of life; and\nreducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\nThe positive behaviour support plan may provide for the use of mechanical or physical restraint only if the use is supported by the recommendations of the person who assessed the adult.\ns 173 prev s 173 om 2014 No. 12 s 59\npres s 173 ins 2008 No. 23 s 7\namd 2011 No. 13 s 185; 2014 No. 5 s 25; 2016 No. 5 s 923 sch 4 ; 2020 No. 39 s 70 sch 1\n(sec.173-ssec.1) This section states the requirements with which the relevant service provider must comply in developing a positive behaviour support plan for the adult.\n(sec.173-ssec.2) The relevant service provider must— ensure the adult is assessed; and See section 148 for requirements about the assessment of the adult. if the provider is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —ensure the authorised psychiatrist responsible for treating the adult under that Act is given the opportunity to participate in the development of the positive behaviour support plan; and if the provider is aware the adult is a forensic disability client—ensure a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 is given the opportunity to participate in the development of the positive behaviour support plan; and consult with, and consider the views of, the following— the adult; any guardian or informal decision-maker for the adult; any other relevant service provider providing disability services or NDIS supports or services to the adult; another person considered by the provider to be integral to the development of the plan; and a family member who is part of the adult’s support network, a key health care provider or an advocate for the adult have regard to a model positive behaviour support plan.\n(sec.173-ssec.3) Also, if the relevant service provider proposes to use chemical restraint, the relevant service provider must— consult the adult’s treating doctor; and inform the adult’s treating doctor about— the findings and theories of the person who assessed the adult about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and the strategies, including other restrictive practices, proposed to be used in conjunction with the use of the chemical restraint for— meeting the adult’s needs and improving the adult’s capabilities and quality of life; and reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n(sec.173-ssec.4) The positive behaviour support plan may provide for the use of mechanical or physical restraint only if the use is supported by the recommendations of the person who assessed the adult.\n- (a) ensure the adult is assessed; and Note— See section 148 for requirements about the assessment of the adult.\n- (b) if the provider is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —ensure the authorised psychiatrist responsible for treating the adult under that Act is given the opportunity to participate in the development of the positive behaviour support plan; and\n- (c) if the provider is aware the adult is a forensic disability client—ensure a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 is given the opportunity to participate in the development of the positive behaviour support plan; and\n- (d) consult with, and consider the views of, the following— (i) the adult; (ii) any guardian or informal decision-maker for the adult; (iii) any other relevant service provider providing disability services or NDIS supports or services to the adult; (iv) another person considered by the provider to be integral to the development of the plan; and Example— a family member who is part of the adult’s support network, a key health care provider or an advocate for the adult\n- (i) the adult;\n- (ii) any guardian or informal decision-maker for the adult;\n- (iii) any other relevant service provider providing disability services or NDIS supports or services to the adult;\n- (iv) another person considered by the provider to be integral to the development of the plan; and\n- (e) have regard to a model positive behaviour support plan.\n- (i) the adult;\n- (ii) any guardian or informal decision-maker for the adult;\n- (iii) any other relevant service provider providing disability services or NDIS supports or services to the adult;\n- (iv) another person considered by the provider to be integral to the development of the plan; and\n- (a) consult the adult’s treating doctor; and\n- (b) inform the adult’s treating doctor about— (i) the findings and theories of the person who assessed the adult about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and (ii) the strategies, including other restrictive practices, proposed to be used in conjunction with the use of the chemical restraint for— (A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and (B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n- (i) the findings and theories of the person who assessed the adult about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and\n- (ii) the strategies, including other restrictive practices, proposed to be used in conjunction with the use of the chemical restraint for— (A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and (B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n- (A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and\n- (B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n- (i) the findings and theories of the person who assessed the adult about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and\n- (ii) the strategies, including other restrictive practices, proposed to be used in conjunction with the use of the chemical restraint for— (A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and (B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n- (A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and\n- (B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.\n- (A) meeting the adult’s needs and improving the adult’s capabilities and quality of life; and\n- (B) reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others.","sortOrder":276},{"sectionNumber":"sec.174","sectionType":"section","heading":"Changing a positive behaviour support plan","content":"### sec.174 Changing a positive behaviour support plan\n\nA positive behaviour support plan that provides for use of chemical, mechanical or physical restraint may be changed by the relevant service provider only if—\neither—\nfor a change relating to use of chemical restraint—the relevant service provider has consulted the adult’s treating doctor; or\notherwise—the change is supported by the recommendations of an appropriately qualified person; and\na guardian for a restrictive practice (general) matter for the adult consents to the change.\nA positive behaviour support plan that provides only for restricting access of the adult may be changed by the relevant service provider only if a following person consents to the change—\na guardian for a restrictive practice (general) matter for the adult;\nif there is no guardian for a restrictive practice (general) matter for the adult—an informal decision-maker for the adult.\ns 174 prev s 174 om 2014 No. 12 s 59\npres s 174 ins 2008 No. 23 s 7\n(sec.174-ssec.1) A positive behaviour support plan that provides for use of chemical, mechanical or physical restraint may be changed by the relevant service provider only if— either— for a change relating to use of chemical restraint—the relevant service provider has consulted the adult’s treating doctor; or otherwise—the change is supported by the recommendations of an appropriately qualified person; and a guardian for a restrictive practice (general) matter for the adult consents to the change.\n(sec.174-ssec.2) A positive behaviour support plan that provides only for restricting access of the adult may be changed by the relevant service provider only if a following person consents to the change— a guardian for a restrictive practice (general) matter for the adult; if there is no guardian for a restrictive practice (general) matter for the adult—an informal decision-maker for the adult.\n- (a) either— (i) for a change relating to use of chemical restraint—the relevant service provider has consulted the adult’s treating doctor; or (ii) otherwise—the change is supported by the recommendations of an appropriately qualified person; and\n- (i) for a change relating to use of chemical restraint—the relevant service provider has consulted the adult’s treating doctor; or\n- (ii) otherwise—the change is supported by the recommendations of an appropriately qualified person; and\n- (b) a guardian for a restrictive practice (general) matter for the adult consents to the change.\n- (i) for a change relating to use of chemical restraint—the relevant service provider has consulted the adult’s treating doctor; or\n- (ii) otherwise—the change is supported by the recommendations of an appropriately qualified person; and\n- (a) a guardian for a restrictive practice (general) matter for the adult;\n- (b) if there is no guardian for a restrictive practice (general) matter for the adult—an informal decision-maker for the adult.","sortOrder":277},{"sectionNumber":"sec.175","sectionType":"section","heading":"Requirement for relevant service provider to consider whether plan should be changed","content":"### sec.175 Requirement for relevant service provider to consider whether plan should be changed\n\nThis section applies if—\na positive behaviour support plan is developed for an adult under this division; and\nthe relevant service provider becomes aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , or is a forensic disability client.\nThe relevant service provider must consider whether the positive behaviour support plan should be changed.\nIn deciding whether the positive behaviour support plan should be changed, the relevant service provider must—\nconsult the authorised psychiatrist responsible for treating the adult under the Mental Health Act 2016 , or senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 ; and\nconsider the psychiatrist’s, or senior practitioner’s, views about the use of any restrictive practice provided for in the plan.\ns 175 prev s 175 om 2014 No. 12 s 59\npres s 175 ins 2008 No. 23 s 7\namd 2011 No. 13 s 186; 2016 No. 5 s 923 sch 4\n(sec.175-ssec.1) This section applies if— a positive behaviour support plan is developed for an adult under this division; and the relevant service provider becomes aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , or is a forensic disability client.\n(sec.175-ssec.2) The relevant service provider must consider whether the positive behaviour support plan should be changed.\n(sec.175-ssec.3) In deciding whether the positive behaviour support plan should be changed, the relevant service provider must— consult the authorised psychiatrist responsible for treating the adult under the Mental Health Act 2016 , or senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 ; and consider the psychiatrist’s, or senior practitioner’s, views about the use of any restrictive practice provided for in the plan.\n- (a) a positive behaviour support plan is developed for an adult under this division; and\n- (b) the relevant service provider becomes aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , or is a forensic disability client.\n- (a) consult the authorised psychiatrist responsible for treating the adult under the Mental Health Act 2016 , or senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 ; and\n- (b) consider the psychiatrist’s, or senior practitioner’s, views about the use of any restrictive practice provided for in the plan.","sortOrder":278},{"sectionNumber":"sec.176","sectionType":"section","heading":"Requirement for relevant service provider to notify guardian","content":"### sec.176 Requirement for relevant service provider to notify guardian\n\nThis section applies if—\na relevant service provider is required under section 173(2) or 175(3) to consult the authorised psychiatrist responsible for treating the adult under the Mental Health Act 2016 , or senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 ; and\nthe psychiatrist, or senior practitioner, does not agree with the use of a restrictive practice provided for in the positive behaviour support plan for the adult.\nAs soon as practicable after consulting the authorised psychiatrist or senior practitioner, the relevant service provider must notify a relevant decision-maker for the adult about the psychiatrist’s or senior practitioner’s views regarding use of the restrictive practice.\nIn this section—\nconsult , the authorised psychiatrist responsible for treating the adult under the Mental Health Act 2016 , or senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 , includes give the psychiatrist, or senior practitioner, an opportunity to participate in the development of a positive behaviour support plan.\nrelevant decision-maker , for the adult, means—\na guardian for a restrictive practice (general) matter for the adult; or\nif the only restrictive practice provided for in the positive behaviour support plan for the adult is restricting access and there is no guardian for a restrictive practice (general) matter for the adult—an informal decision-maker for the adult.\ns 176 prev s 176 om 2014 No. 12 s 59\npres s 176 ins 2008 No. 23 s 7\namd 2011 No. 13 s 187; 2016 No. 5 s 923 sch 4\n(sec.176-ssec.1) This section applies if— a relevant service provider is required under section 173(2) or 175(3) to consult the authorised psychiatrist responsible for treating the adult under the Mental Health Act 2016 , or senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 ; and the psychiatrist, or senior practitioner, does not agree with the use of a restrictive practice provided for in the positive behaviour support plan for the adult.\n(sec.176-ssec.2) As soon as practicable after consulting the authorised psychiatrist or senior practitioner, the relevant service provider must notify a relevant decision-maker for the adult about the psychiatrist’s or senior practitioner’s views regarding use of the restrictive practice.\n(sec.176-ssec.3) In this section— consult , the authorised psychiatrist responsible for treating the adult under the Mental Health Act 2016 , or senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 , includes give the psychiatrist, or senior practitioner, an opportunity to participate in the development of a positive behaviour support plan. relevant decision-maker , for the adult, means— a guardian for a restrictive practice (general) matter for the adult; or if the only restrictive practice provided for in the positive behaviour support plan for the adult is restricting access and there is no guardian for a restrictive practice (general) matter for the adult—an informal decision-maker for the adult.\n- (a) a relevant service provider is required under section 173(2) or 175(3) to consult the authorised psychiatrist responsible for treating the adult under the Mental Health Act 2016 , or senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 ; and\n- (b) the psychiatrist, or senior practitioner, does not agree with the use of a restrictive practice provided for in the positive behaviour support plan for the adult.\n- (a) a guardian for a restrictive practice (general) matter for the adult; or\n- (b) if the only restrictive practice provided for in the positive behaviour support plan for the adult is restricting access and there is no guardian for a restrictive practice (general) matter for the adult—an informal decision-maker for the adult.","sortOrder":279},{"sectionNumber":"sec.177","sectionType":"section","heading":"Requirement for relevant service provider to notify relevant director","content":"### sec.177 Requirement for relevant service provider to notify relevant director\n\nThis section applies if—\na relevant service provider develops or changes a positive behaviour support plan for an adult under this division; and\na guardian for a restrictive practice (general) matter, or an informal decision-maker, for the adult consents to the use of a restrictive practice by the relevant service provider in relation to the adult; and\nthe relevant service provider is or becomes aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , or is a forensic disability client.\nThe relevant service provider must—\ngive notice to the relevant director of the terms of the consent given by the guardian or informal decision-maker as soon as practicable after the later of—\nthe consent being given; or\nthe relevant service provider becoming aware as mentioned in subsection (1) (c) ; and\nif asked by the relevant director, give the director a copy of the positive behaviour support plan for the adult.\nIn this section—\nrelevant director means—\nif the adult is a forensic disability client—the director of forensic disability; or\notherwise—the chief psychiatrist.\ns 177 prev s 177 om 2014 No. 12 s 59\npres s 177 ins 2008 No. 23 s 7\namd 2011 No. 13 s 188; 2016 No. 5 s 923 sch 4\n(sec.177-ssec.1) This section applies if— a relevant service provider develops or changes a positive behaviour support plan for an adult under this division; and a guardian for a restrictive practice (general) matter, or an informal decision-maker, for the adult consents to the use of a restrictive practice by the relevant service provider in relation to the adult; and the relevant service provider is or becomes aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , or is a forensic disability client.\n(sec.177-ssec.2) The relevant service provider must— give notice to the relevant director of the terms of the consent given by the guardian or informal decision-maker as soon as practicable after the later of— the consent being given; or the relevant service provider becoming aware as mentioned in subsection (1) (c) ; and if asked by the relevant director, give the director a copy of the positive behaviour support plan for the adult.\n(sec.177-ssec.3) In this section— relevant director means— if the adult is a forensic disability client—the director of forensic disability; or otherwise—the chief psychiatrist.\n- (a) a relevant service provider develops or changes a positive behaviour support plan for an adult under this division; and\n- (b) a guardian for a restrictive practice (general) matter, or an informal decision-maker, for the adult consents to the use of a restrictive practice by the relevant service provider in relation to the adult; and\n- (c) the relevant service provider is or becomes aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , or is a forensic disability client.\n- (a) give notice to the relevant director of the terms of the consent given by the guardian or informal decision-maker as soon as practicable after the later of— (i) the consent being given; or (ii) the relevant service provider becoming aware as mentioned in subsection (1) (c) ; and\n- (i) the consent being given; or\n- (ii) the relevant service provider becoming aware as mentioned in subsection (1) (c) ; and\n- (b) if asked by the relevant director, give the director a copy of the positive behaviour support plan for the adult.\n- (i) the consent being given; or\n- (ii) the relevant service provider becoming aware as mentioned in subsection (1) (c) ; and\n- (a) if the adult is a forensic disability client—the director of forensic disability; or\n- (b) otherwise—the chief psychiatrist.","sortOrder":280},{"sectionNumber":"sec.178","sectionType":"section","heading":"Short term approval for use of restrictive practices other than containment or seclusion","content":"### sec.178 Short term approval for use of restrictive practices other than containment or seclusion\n\nThis section applies if a relevant service provider asks the chief executive for approval to use a restrictive practice, other than containment or seclusion, in relation to an adult with an intellectual or cognitive disability.\nThe chief executive may give the approval only if the chief executive is satisfied—\nthe adult is not the subject of a containment or seclusion approval; and\nthe adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and\neither—\nthere is no guardian for a restrictive practice (general) matter for the adult; or\nthere is a guardian for a restrictive practice (general) matter for the adult but the guardian has neither given, nor refused to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; and\nIt is not necessary to obtain the adult’s consent to the use of a restrictive practice under a short term approval. See section 170 .\nthere is an immediate and serious risk that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and\nuse of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and\nif the restrictive practice is chemical restraint—the relevant service provider has consulted with, and considered the views of, the adult’s treating doctor.\nIf the chief executive has previously given an approval under this section in relation to the adult, the chief executive may give the approval only if satisfied exceptional circumstances justify giving a subsequent approval under this section.\nIn deciding whether to give the approval, the chief executive must, unless it is not practicable in the circumstances, consult with and consider the views of the following persons about the proposed use of the restrictive practice—\nthe adult, or a guardian or informal decision-maker for the adult;\nif the chief executive is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act;\nif the chief executive is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 .\nThe chief executive must, as soon as practicable after deciding whether to give the approval, give the relevant service provider notice of the decision, including, if the approval is given—\nthe conditions to which it is subject; and\nthe period for which it has effect.\nThe chief executive may give the approval subject to the conditions the chief executive considers appropriate.\nAlso, the chief executive must, within 7 days after deciding whether to give the approval, give notice of the decision to the following persons—\nthe public guardian;\nany person consulted by the chief executive under subsection (4) .\nA notice for subsection (5) must state each of the following—\nthe name of the adult;\nthe name of the relevant service provider;\nthe chief executive’s decision, including, if the approval is given—\nthe terms of the approval; and\nthe chief executive’s reasons for giving the approval.\nAn entity given notice under subsection (5) or (7) of a decision of the chief executive to give, or refuse to give, the approval may apply, as provided under the QCAT Act , to the tribunal for a review of the decision.\nIn this section—\nimpaired capacity see the Guardianship and Administration Act 2000 , schedule 4 .\ns 178 prev s 178 om 2014 No. 12 s 59\npres s 178 ins 2008 No. 23 s 7\namd 2009 No. 24 s 60; 2010 No. 42 s 25; 2011 No. 13 s 189; 2014 No. 26 s 218; 2014 No. 5 s 26; 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 81 sch 1\n(sec.178-ssec.1) This section applies if a relevant service provider asks the chief executive for approval to use a restrictive practice, other than containment or seclusion, in relation to an adult with an intellectual or cognitive disability.\n(sec.178-ssec.2) The chief executive may give the approval only if the chief executive is satisfied— the adult is not the subject of a containment or seclusion approval; and the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and either— there is no guardian for a restrictive practice (general) matter for the adult; or there is a guardian for a restrictive practice (general) matter for the adult but the guardian has neither given, nor refused to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; and It is not necessary to obtain the adult’s consent to the use of a restrictive practice under a short term approval. See section 170 . there is an immediate and serious risk that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and if the restrictive practice is chemical restraint—the relevant service provider has consulted with, and considered the views of, the adult’s treating doctor.\n(sec.178-ssec.3) If the chief executive has previously given an approval under this section in relation to the adult, the chief executive may give the approval only if satisfied exceptional circumstances justify giving a subsequent approval under this section.\n(sec.178-ssec.4) In deciding whether to give the approval, the chief executive must, unless it is not practicable in the circumstances, consult with and consider the views of the following persons about the proposed use of the restrictive practice— the adult, or a guardian or informal decision-maker for the adult; if the chief executive is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act; if the chief executive is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 .\n(sec.178-ssec.5) The chief executive must, as soon as practicable after deciding whether to give the approval, give the relevant service provider notice of the decision, including, if the approval is given— the conditions to which it is subject; and the period for which it has effect.\n(sec.178-ssec.6) The chief executive may give the approval subject to the conditions the chief executive considers appropriate.\n(sec.178-ssec.7) Also, the chief executive must, within 7 days after deciding whether to give the approval, give notice of the decision to the following persons— the public guardian; any person consulted by the chief executive under subsection (4) .\n(sec.178-ssec.8) A notice for subsection (5) must state each of the following— the name of the adult; the name of the relevant service provider; the chief executive’s decision, including, if the approval is given— the terms of the approval; and the chief executive’s reasons for giving the approval.\n(sec.178-ssec.9) An entity given notice under subsection (5) or (7) of a decision of the chief executive to give, or refuse to give, the approval may apply, as provided under the QCAT Act , to the tribunal for a review of the decision.\n(sec.178-ssec.10) In this section— impaired capacity see the Guardianship and Administration Act 2000 , schedule 4 .\n- (a) the adult is not the subject of a containment or seclusion approval; and\n- (b) the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and\n- (c) either— (i) there is no guardian for a restrictive practice (general) matter for the adult; or (ii) there is a guardian for a restrictive practice (general) matter for the adult but the guardian has neither given, nor refused to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; and Note— It is not necessary to obtain the adult’s consent to the use of a restrictive practice under a short term approval. See section 170 .\n- (i) there is no guardian for a restrictive practice (general) matter for the adult; or\n- (ii) there is a guardian for a restrictive practice (general) matter for the adult but the guardian has neither given, nor refused to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; and Note— It is not necessary to obtain the adult’s consent to the use of a restrictive practice under a short term approval. See section 170 .\n- (d) there is an immediate and serious risk that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and\n- (e) use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and\n- (f) if the restrictive practice is chemical restraint—the relevant service provider has consulted with, and considered the views of, the adult’s treating doctor.\n- (i) there is no guardian for a restrictive practice (general) matter for the adult; or\n- (ii) there is a guardian for a restrictive practice (general) matter for the adult but the guardian has neither given, nor refused to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; and Note— It is not necessary to obtain the adult’s consent to the use of a restrictive practice under a short term approval. See section 170 .\n- (a) the adult, or a guardian or informal decision-maker for the adult;\n- (b) if the chief executive is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act;\n- (c) if the chief executive is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 .\n- (a) the conditions to which it is subject; and\n- (b) the period for which it has effect.\n- (a) the public guardian;\n- (b) any person consulted by the chief executive under subsection (4) .\n- (a) the name of the adult;\n- (b) the name of the relevant service provider;\n- (c) the chief executive’s decision, including, if the approval is given— (i) the terms of the approval; and (ii) the chief executive’s reasons for giving the approval.\n- (i) the terms of the approval; and\n- (ii) the chief executive’s reasons for giving the approval.\n- (i) the terms of the approval; and\n- (ii) the chief executive’s reasons for giving the approval.","sortOrder":281},{"sectionNumber":"sec.179","sectionType":"section","heading":"Period for which short term approval has effect","content":"### sec.179 Period for which short term approval has effect\n\nAn approval given by the chief executive under section 178 has effect for the period stated in the notice given to the relevant service provider under section 178 (5) .\nHowever, the period must not be more than 6 months.\nThe approval ends if—\na guardian for a restrictive practice (general) matter for the adult gives, or refuses to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; or\nthe tribunal gives a containment or seclusion approval for the adult.\ns 179 prev s 179 om 2014 No. 12 s 59\npres s 179 ins 2008 No. 23 s 7\namd 2009 No. 24 s 61 ; 2010 No. 5 s 149 ; 2010 No. 42 s 26 ; 2014 No. 5 s 27\n(sec.179-ssec.1) An approval given by the chief executive under section 178 has effect for the period stated in the notice given to the relevant service provider under section 178 (5) .\n(sec.179-ssec.2) However, the period must not be more than 6 months.\n(sec.179-ssec.3) The approval ends if— a guardian for a restrictive practice (general) matter for the adult gives, or refuses to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; or the tribunal gives a containment or seclusion approval for the adult.\n- (a) a guardian for a restrictive practice (general) matter for the adult gives, or refuses to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; or\n- (b) the tribunal gives a containment or seclusion approval for the adult.","sortOrder":282},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Use of restrictive practices for respite services or community access services","content":"## Use of restrictive practices for respite services or community access services","sortOrder":283},{"sectionNumber":"sec.180","sectionType":"section","heading":"Purpose of div 5","content":"### sec.180 Purpose of div 5\n\nThis division prescribes the requirements that a relevant service provider must comply with before using a restrictive practice in the course of providing respite services or community access services to an adult with an intellectual or cognitive disability.\nThis division does not apply for the use of chemical restraint (fixed dose) under section 168 .\ns 180 prev s 180 om 2014 No. 12 s 59\npres s 180 ins 2008 No. 23 s 7\n(sec.180-ssec.1) This division prescribes the requirements that a relevant service provider must comply with before using a restrictive practice in the course of providing respite services or community access services to an adult with an intellectual or cognitive disability.\n(sec.180-ssec.2) This division does not apply for the use of chemical restraint (fixed dose) under section 168 .","sortOrder":284},{"sectionNumber":"sec.181","sectionType":"section","heading":"Requirement to develop respite/community access plan","content":"### sec.181 Requirement to develop respite/community access plan\n\nThe relevant service provider must develop a respite/community access plan for the adult.\nA respite/community access plan , for an adult with an intellectual or cognitive disability, is a plan stating at least each of the following—\nthe adult’s name;\na description of the behaviour of the adult that causes harm to the adult or others, including the consequences of the behaviour;\na description of the restrictive practices used in relation to the adult;\nthe reasons for using the restrictive practices;\nany strategies that must be attempted before using the restrictive practices;\nthe procedure for using the restrictive practices, including observations and monitoring, and any other measures necessary to ensure the adult’s proper care and treatment, that must take place while the restrictive practices are being used;\na demonstration of why the restrictive practices are the least restrictive way of ensuring the safety of the adult or others;\na description of the positive strategies that will be used to—\nmeet the adult’s needs and improve the adult’s capabilities and quality of life; and\nreduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others;\nfor containment—a description of the place where the adult will be contained;\nfor seclusion—\na description of the place where the adult will be secluded; and\nthe maximum period for which seclusion may be used at any 1 time and the maximum frequency of the seclusion;\nfor chemical restraint—\nthe name of the medication to be used and any available information about the medication, including, for example, information about possible side effects; and\nthe dose, route and frequency of administration, including, for medication to be administered as and when needed, the circumstances in which the medication may be administered, as prescribed by the adult’s treating doctor; and\nthe name of the adult’s treating doctor;\nfor mechanical or physical restraint—the maximum period for which the restraint may be used at any 1 time;\nany other matter prescribed by regulation.\ns 181 prev s 181 om 2014 No. 12 s 59\npres s 181 ins 2008 No. 23 s 7\namd 2019 No. 19 s 23\n(sec.181-ssec.1) The relevant service provider must develop a respite/community access plan for the adult.\n(sec.181-ssec.2) A respite/community access plan , for an adult with an intellectual or cognitive disability, is a plan stating at least each of the following— the adult’s name; a description of the behaviour of the adult that causes harm to the adult or others, including the consequences of the behaviour; a description of the restrictive practices used in relation to the adult; the reasons for using the restrictive practices; any strategies that must be attempted before using the restrictive practices; the procedure for using the restrictive practices, including observations and monitoring, and any other measures necessary to ensure the adult’s proper care and treatment, that must take place while the restrictive practices are being used; a demonstration of why the restrictive practices are the least restrictive way of ensuring the safety of the adult or others; a description of the positive strategies that will be used to— meet the adult’s needs and improve the adult’s capabilities and quality of life; and reduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others; for containment—a description of the place where the adult will be contained; for seclusion— a description of the place where the adult will be secluded; and the maximum period for which seclusion may be used at any 1 time and the maximum frequency of the seclusion; for chemical restraint— the name of the medication to be used and any available information about the medication, including, for example, information about possible side effects; and the dose, route and frequency of administration, including, for medication to be administered as and when needed, the circumstances in which the medication may be administered, as prescribed by the adult’s treating doctor; and the name of the adult’s treating doctor; for mechanical or physical restraint—the maximum period for which the restraint may be used at any 1 time; any other matter prescribed by regulation.\n- (a) the adult’s name;\n- (b) a description of the behaviour of the adult that causes harm to the adult or others, including the consequences of the behaviour;\n- (c) a description of the restrictive practices used in relation to the adult;\n- (d) the reasons for using the restrictive practices;\n- (e) any strategies that must be attempted before using the restrictive practices;\n- (f) the procedure for using the restrictive practices, including observations and monitoring, and any other measures necessary to ensure the adult’s proper care and treatment, that must take place while the restrictive practices are being used;\n- (g) a demonstration of why the restrictive practices are the least restrictive way of ensuring the safety of the adult or others;\n- (h) a description of the positive strategies that will be used to— (i) meet the adult’s needs and improve the adult’s capabilities and quality of life; and (ii) reduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others;\n- (i) meet the adult’s needs and improve the adult’s capabilities and quality of life; and\n- (ii) reduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others;\n- (i) for containment—a description of the place where the adult will be contained;\n- (j) for seclusion— (i) a description of the place where the adult will be secluded; and (ii) the maximum period for which seclusion may be used at any 1 time and the maximum frequency of the seclusion;\n- (i) a description of the place where the adult will be secluded; and\n- (ii) the maximum period for which seclusion may be used at any 1 time and the maximum frequency of the seclusion;\n- (k) for chemical restraint— (i) the name of the medication to be used and any available information about the medication, including, for example, information about possible side effects; and (ii) the dose, route and frequency of administration, including, for medication to be administered as and when needed, the circumstances in which the medication may be administered, as prescribed by the adult’s treating doctor; and (iii) the name of the adult’s treating doctor;\n- (i) the name of the medication to be used and any available information about the medication, including, for example, information about possible side effects; and\n- (ii) the dose, route and frequency of administration, including, for medication to be administered as and when needed, the circumstances in which the medication may be administered, as prescribed by the adult’s treating doctor; and\n- (iii) the name of the adult’s treating doctor;\n- (l) for mechanical or physical restraint—the maximum period for which the restraint may be used at any 1 time;\n- (m) any other matter prescribed by regulation.\n- (i) meet the adult’s needs and improve the adult’s capabilities and quality of life; and\n- (ii) reduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others;\n- (i) a description of the place where the adult will be secluded; and\n- (ii) the maximum period for which seclusion may be used at any 1 time and the maximum frequency of the seclusion;\n- (i) the name of the medication to be used and any available information about the medication, including, for example, information about possible side effects; and\n- (ii) the dose, route and frequency of administration, including, for medication to be administered as and when needed, the circumstances in which the medication may be administered, as prescribed by the adult’s treating doctor; and\n- (iii) the name of the adult’s treating doctor;","sortOrder":285},{"sectionNumber":"sec.182","sectionType":"section","heading":"Obtaining information about the adult","content":"### sec.182 Obtaining information about the adult\n\nIn developing a respite/community access plan, the relevant service provider must obtain, from the entities consulted under section 183 , any information available and relevant for identifying the following—\nthe adult’s needs;\nthe behaviour of the adult that causes harm to the adult or others, including the consequences of the behaviour;\nthe factors contributing to the behaviour mentioned in paragraph (b) .\ns 182 prev s 182 om 2014 No. 12 s 59\npres s 182 ins 2008 No. 23 s 7\namd 2019 No. 19 s 81 sch 1\n- (a) the adult’s needs;\n- (b) the behaviour of the adult that causes harm to the adult or others, including the consequences of the behaviour;\n- (c) the factors contributing to the behaviour mentioned in paragraph (b) .","sortOrder":286},{"sectionNumber":"sec.183","sectionType":"section","heading":"Consultation","content":"### sec.183 Consultation\n\nIn developing a respite/community access plan for an adult, the relevant service provider must consult with, and consider the views of, the following entities—\nthe adult;\nif the adult has a guardian or informal decision-maker—the guardian or informal decision-maker;\nany other relevant service provider providing disability services or NDIS supports or services to the adult;\nany other person considered by the relevant service provider to be integral to the development of the plan.\na family member who is part of the adult’s support network, a key health care provider or an advocate for the adult\ns 183 prev s 183 om 2014 No. 12 s 59\npres s 183 ins 2008 No. 23 s 7\namd 2019 No. 19 s 81 sch 1 ; 2020 No. 39 s 70 sch 1\n- (a) the adult;\n- (b) if the adult has a guardian or informal decision-maker—the guardian or informal decision-maker;\n- (c) any other relevant service provider providing disability services or NDIS supports or services to the adult;\n- (d) any other person considered by the relevant service provider to be integral to the development of the plan. Example— a family member who is part of the adult’s support network, a key health care provider or an advocate for the adult","sortOrder":287},{"sectionNumber":"sec.183A","sectionType":"section","heading":"Other requirements for developing respite/community access plan","content":"### sec.183A Other requirements for developing respite/community access plan\n\nIn developing a respite/community access plan, the relevant service provider must comply with any other requirements prescribed by regulation.\ns 183A ins 2019 No. 19 s 24","sortOrder":288},{"sectionNumber":"sec.184","sectionType":"section","heading":"Risk assessment","content":"### sec.184 Risk assessment\n\nThe relevant service provider must identify, and keep a record of—\nthe risks associated with the provision of respite services or community access services to the adult by the relevant service provider; and\nthe adult’s behaviour causing harm to another client of the relevant service provider\nthe staff of the relevant service provider not being adequately trained to manage the behaviour of the adult\nthe physical environment in which the services are provided not being adequate to accommodate the needs of the adult\nthe procedures the relevant service provider will implement to mitigate those risks.\ns 184 prev s 184 om 2014 No. 12 s 59\npres s 184 ins 2008 No. 23 s 7\n- (a) the risks associated with the provision of respite services or community access services to the adult by the relevant service provider; and Examples of possible risks— • the adult’s behaviour causing harm to another client of the relevant service provider • the staff of the relevant service provider not being adequately trained to manage the behaviour of the adult • the physical environment in which the services are provided not being adequate to accommodate the needs of the adult\n- • the adult’s behaviour causing harm to another client of the relevant service provider\n- • the staff of the relevant service provider not being adequately trained to manage the behaviour of the adult\n- • the physical environment in which the services are provided not being adequate to accommodate the needs of the adult\n- (b) the procedures the relevant service provider will implement to mitigate those risks.\n- • the adult’s behaviour causing harm to another client of the relevant service provider\n- • the staff of the relevant service provider not being adequately trained to manage the behaviour of the adult\n- • the physical environment in which the services are provided not being adequate to accommodate the needs of the adult","sortOrder":289},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":"Review of particular chief executive decisions","content":"## Review of particular chief executive decisions","sortOrder":290},{"sectionNumber":"sec.185","sectionType":"section","heading":"Application of div 6","content":"### sec.185 Application of div 6\n\nThis division applies if the chief executive makes a decision (a relevant decision ) about which the chief executive is required under this part to give a decision notice.\nSee sections 157 (a decision that a multidisciplinary assessment will not be conducted) and 158 (6) (a decision not to develop a positive behaviour support plan under division 3 ).\ns 185 prev s 185 om 2014 No. 12 s 59\npres s 185 ins 2008 No. 23 s 7","sortOrder":291},{"sectionNumber":"sec.186","sectionType":"section","heading":"Definitions for div 6","content":"### sec.186 Definitions for div 6\n\nIn this division—\ninterested person , for a relevant decision, means an entity to which the chief executive is required under this part to give a decision notice about the decision.\ns 186 def interested person amd 2019 No. 19 s 81 sch 1\nrelevant decision see section 185 .\ns 186 prev s 186 om 2014 No. 12 s 59\npres s 186 ins 2008 No. 23 s 7","sortOrder":292},{"sectionNumber":"sec.187","sectionType":"section","heading":"Application for review by chief executive","content":"### sec.187 Application for review by chief executive\n\nAn interested person for a relevant decision may apply to the chief executive, within 28 days after receiving a decision notice about the decision, to review the decision.\nThe chief executive may extend the time for applying for the review.\nAlso, an interested person for a relevant decision may apply to the chief executive to review the decision if the chief executive has not given the interested person a decision notice about the decision.\nThe application must be in the approved form and accompanied by enough information to enable the chief executive to decide the application.\ns 187 prev s 187 om 2014 No. 12 s 59\npres s 187 ins 2008 No. 23 s 7\namd 2009 No. 24 s 63\n(sec.187-ssec.1) An interested person for a relevant decision may apply to the chief executive, within 28 days after receiving a decision notice about the decision, to review the decision.\n(sec.187-ssec.2) The chief executive may extend the time for applying for the review.\n(sec.187-ssec.3) Also, an interested person for a relevant decision may apply to the chief executive to review the decision if the chief executive has not given the interested person a decision notice about the decision.\n(sec.187-ssec.4) The application must be in the approved form and accompanied by enough information to enable the chief executive to decide the application.","sortOrder":293},{"sectionNumber":"sec.188","sectionType":"section","heading":"Review of relevant decision","content":"### sec.188 Review of relevant decision\n\nThis section applies to an application under section 187 for review of a relevant decision.\nUnless the chief executive made the relevant decision personally, the chief executive must ensure the application is not dealt with by—\nthe person who made the relevant decision; or\na person in a less senior office than the person who made the relevant decision.\nWithin 28 days after receiving the application, the chief executive must review the relevant decision and make a decision (the review decision )—\nconfirming the relevant decision; or\namending the relevant decision; or\nsubstituting another decision for the relevant decision.\nImmediately after deciding the application, the chief executive must give the interested person a notice stating—\nthe review decision; and\nthe reasons for the review decision.\ns 188 prev s 188 om 2014 No. 12 s 59\npres s 188 ins 2008 No. 23 s 7\n(sec.188-ssec.1) This section applies to an application under section 187 for review of a relevant decision.\n(sec.188-ssec.2) Unless the chief executive made the relevant decision personally, the chief executive must ensure the application is not dealt with by— the person who made the relevant decision; or a person in a less senior office than the person who made the relevant decision.\n(sec.188-ssec.3) Within 28 days after receiving the application, the chief executive must review the relevant decision and make a decision (the review decision )— confirming the relevant decision; or amending the relevant decision; or substituting another decision for the relevant decision.\n(sec.188-ssec.4) Immediately after deciding the application, the chief executive must give the interested person a notice stating— the review decision; and the reasons for the review decision.\n- (a) the person who made the relevant decision; or\n- (b) a person in a less senior office than the person who made the relevant decision.\n- (a) confirming the relevant decision; or\n- (b) amending the relevant decision; or\n- (c) substituting another decision for the relevant decision.\n- (a) the review decision; and\n- (b) the reasons for the review decision.","sortOrder":294},{"sectionNumber":"pt.6-div.7","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":295},{"sectionNumber":"sec.189","sectionType":"section","heading":"Immunity from liability—relevant service provider","content":"### sec.189 Immunity from liability—relevant service provider\n\nA relevant service provider is not criminally or civilly liable if the relevant service provider, acting honestly and without negligence, uses a restrictive practice under this part.\ns 189 prev s 189 om 2014 No. 12 s 59\npres s 189 ins 2008 No. 23 s 7","sortOrder":296},{"sectionNumber":"sec.190","sectionType":"section","heading":"Immunity from liability—individual acting for relevant service provider","content":"### sec.190 Immunity from liability—individual acting for relevant service provider\n\nThis section applies to an individual who, acting for a relevant service provider, uses a restrictive practice in relation to an adult with an intellectual or cognitive disability.\nThe individual is not criminally or civilly liable for using the restrictive practice if the individual acts honestly and without negligence in compliance with—\nif the restrictive practice is used under section 151 —\nthe containment or seclusion approval for the adult; and\neither—\nif the containment or seclusion for the adult is given as an interim order under the GAA, section 80ZR —the terms of the order; or\notherwise—the positive behaviour support plan for the adult; or\nif the restrictive practice is used under section 152 —\nthe consent of a guardian for a restrictive practice (respite) matter for the adult; and\nthe respite/community access plan for the adult; or\nif the restrictive practice is used under section 153 or 170 —the relevant short term approval; or\nif the restrictive practice is used under section 154 or 171 —the positive behaviour support plan or respite/community access plan for the adult; or\nif the restrictive practice is used under section 166 —\nthe positive behaviour support plan for the adult; and\neither—\na containment or seclusion approval for the adult; or\nthe consent of a relevant decision-maker for the adult within the meaning of section 166 ; or\nif the restrictive practice is used under section 167 —\nthe respite/community access plan for the adult; and\nthe consent of a relevant decision-maker (respite) for the adult; or\nif the restrictive practice is used under section 168 —the consent of a relevant decision-maker (respite) for the adult; and\nif the restrictive practice is used under section 169 —\nthe existing consent for the adult under that section; and\nthe positive behaviour support plan or respite/community access plan for the adult.\nFor subsection (2) , the individual is taken to be acting in compliance with an approval, consent or plan mentioned in the subsection if the individual reasonably believes he or she is acting in compliance with the approval, consent or plan.\ns 190 prev s 190 om 2014 No. 12 s 59\npres s 190 ins 2008 No. 23 s 7\namd 2014 No. 5 s 30\n(sec.190-ssec.1) This section applies to an individual who, acting for a relevant service provider, uses a restrictive practice in relation to an adult with an intellectual or cognitive disability.\n(sec.190-ssec.2) The individual is not criminally or civilly liable for using the restrictive practice if the individual acts honestly and without negligence in compliance with— if the restrictive practice is used under section 151 — the containment or seclusion approval for the adult; and either— if the containment or seclusion for the adult is given as an interim order under the GAA, section 80ZR —the terms of the order; or otherwise—the positive behaviour support plan for the adult; or if the restrictive practice is used under section 152 — the consent of a guardian for a restrictive practice (respite) matter for the adult; and the respite/community access plan for the adult; or if the restrictive practice is used under section 153 or 170 —the relevant short term approval; or if the restrictive practice is used under section 154 or 171 —the positive behaviour support plan or respite/community access plan for the adult; or if the restrictive practice is used under section 166 — the positive behaviour support plan for the adult; and either— a containment or seclusion approval for the adult; or the consent of a relevant decision-maker for the adult within the meaning of section 166 ; or if the restrictive practice is used under section 167 — the respite/community access plan for the adult; and the consent of a relevant decision-maker (respite) for the adult; or if the restrictive practice is used under section 168 —the consent of a relevant decision-maker (respite) for the adult; and if the restrictive practice is used under section 169 — the existing consent for the adult under that section; and the positive behaviour support plan or respite/community access plan for the adult.\n(sec.190-ssec.3) For subsection (2) , the individual is taken to be acting in compliance with an approval, consent or plan mentioned in the subsection if the individual reasonably believes he or she is acting in compliance with the approval, consent or plan.\n- (a) if the restrictive practice is used under section 151 — (i) the containment or seclusion approval for the adult; and (ii) either— (A) if the containment or seclusion for the adult is given as an interim order under the GAA, section 80ZR —the terms of the order; or (B) otherwise—the positive behaviour support plan for the adult; or\n- (i) the containment or seclusion approval for the adult; and\n- (ii) either— (A) if the containment or seclusion for the adult is given as an interim order under the GAA, section 80ZR —the terms of the order; or (B) otherwise—the positive behaviour support plan for the adult; or\n- (A) if the containment or seclusion for the adult is given as an interim order under the GAA, section 80ZR —the terms of the order; or\n- (B) otherwise—the positive behaviour support plan for the adult; or\n- (b) if the restrictive practice is used under section 152 — (i) the consent of a guardian for a restrictive practice (respite) matter for the adult; and (ii) the respite/community access plan for the adult; or\n- (i) the consent of a guardian for a restrictive practice (respite) matter for the adult; and\n- (ii) the respite/community access plan for the adult; or\n- (c) if the restrictive practice is used under section 153 or 170 —the relevant short term approval; or\n- (d) if the restrictive practice is used under section 154 or 171 —the positive behaviour support plan or respite/community access plan for the adult; or\n- (e) if the restrictive practice is used under section 166 — (i) the positive behaviour support plan for the adult; and (ii) either— (A) a containment or seclusion approval for the adult; or (B) the consent of a relevant decision-maker for the adult within the meaning of section 166 ; or\n- (i) the positive behaviour support plan for the adult; and\n- (ii) either— (A) a containment or seclusion approval for the adult; or (B) the consent of a relevant decision-maker for the adult within the meaning of section 166 ; or\n- (A) a containment or seclusion approval for the adult; or\n- (B) the consent of a relevant decision-maker for the adult within the meaning of section 166 ; or\n- (f) if the restrictive practice is used under section 167 — (i) the respite/community access plan for the adult; and (ii) the consent of a relevant decision-maker (respite) for the adult; or\n- (i) the respite/community access plan for the adult; and\n- (ii) the consent of a relevant decision-maker (respite) for the adult; or\n- (g) if the restrictive practice is used under section 168 —the consent of a relevant decision-maker (respite) for the adult; and\n- (h) if the restrictive practice is used under section 169 — (i) the existing consent for the adult under that section; and (ii) the positive behaviour support plan or respite/community access plan for the adult.\n- (i) the existing consent for the adult under that section; and\n- (ii) the positive behaviour support plan or respite/community access plan for the adult.\n- (i) the containment or seclusion approval for the adult; and\n- (ii) either— (A) if the containment or seclusion for the adult is given as an interim order under the GAA, section 80ZR —the terms of the order; or (B) otherwise—the positive behaviour support plan for the adult; or\n- (A) if the containment or seclusion for the adult is given as an interim order under the GAA, section 80ZR —the terms of the order; or\n- (B) otherwise—the positive behaviour support plan for the adult; or\n- (A) if the containment or seclusion for the adult is given as an interim order under the GAA, section 80ZR —the terms of the order; or\n- (B) otherwise—the positive behaviour support plan for the adult; or\n- (i) the consent of a guardian for a restrictive practice (respite) matter for the adult; and\n- (ii) the respite/community access plan for the adult; or\n- (i) the positive behaviour support plan for the adult; and\n- (ii) either— (A) a containment or seclusion approval for the adult; or (B) the consent of a relevant decision-maker for the adult within the meaning of section 166 ; or\n- (A) a containment or seclusion approval for the adult; or\n- (B) the consent of a relevant decision-maker for the adult within the meaning of section 166 ; or\n- (A) a containment or seclusion approval for the adult; or\n- (B) the consent of a relevant decision-maker for the adult within the meaning of section 166 ; or\n- (i) the respite/community access plan for the adult; and\n- (ii) the consent of a relevant decision-maker (respite) for the adult; or\n- (i) the existing consent for the adult under that section; and\n- (ii) the positive behaviour support plan or respite/community access plan for the adult.","sortOrder":297},{"sectionNumber":"sec.191","sectionType":"section","heading":"Requirement to give statement about use of restrictive practices","content":"### sec.191 Requirement to give statement about use of restrictive practices\n\nThis section applies to a relevant service provider, other than a relevant service provider prescribed by regulation, that—\nis providing disability services or NDIS supports or services to an adult with an intellectual or cognitive disability; and\nis considering using restrictive practices in relation to the adult.\nThe relevant service provider must give a statement in the approved form to the following persons about the use of restrictive practices generally—\nthe adult;\na person with a sufficient and continuing interest in the adult (an interested person ).\nThe statement must state—\nwhy the relevant service provider is considering using restrictive practices in relation to the adult; and\nhow the adult and the interested person can be involved and express their views in relation to the use of restrictive practices; and\nwho decides whether restrictive practices will be used in relation to the adult; and\nhow the adult and the interested person can make a complaint about, or seek review of, the use of restrictive practices.\nAlso, the relevant service provider must explain the statement to the adult—\nin the language or way the adult is most likely to understand; and\nin a way that has appropriate regard to the adult’s age, culture, disability and communication ability.\nby using visual or other aids\ns 191 prev s 191 om 2014 No. 12 s 59\npres s 191 ins 2014 No. 5 s 31\namd 2019 No. 19 s 25 ; 2020 No. 39 s 70 sch 1\n(sec.191-ssec.1) This section applies to a relevant service provider, other than a relevant service provider prescribed by regulation, that— is providing disability services or NDIS supports or services to an adult with an intellectual or cognitive disability; and is considering using restrictive practices in relation to the adult.\n(sec.191-ssec.2) The relevant service provider must give a statement in the approved form to the following persons about the use of restrictive practices generally— the adult; a person with a sufficient and continuing interest in the adult (an interested person ).\n(sec.191-ssec.3) The statement must state— why the relevant service provider is considering using restrictive practices in relation to the adult; and how the adult and the interested person can be involved and express their views in relation to the use of restrictive practices; and who decides whether restrictive practices will be used in relation to the adult; and how the adult and the interested person can make a complaint about, or seek review of, the use of restrictive practices.\n(sec.191-ssec.4) Also, the relevant service provider must explain the statement to the adult— in the language or way the adult is most likely to understand; and in a way that has appropriate regard to the adult’s age, culture, disability and communication ability. by using visual or other aids\n- (a) is providing disability services or NDIS supports or services to an adult with an intellectual or cognitive disability; and\n- (b) is considering using restrictive practices in relation to the adult.\n- (a) the adult;\n- (b) a person with a sufficient and continuing interest in the adult (an interested person ).\n- (a) why the relevant service provider is considering using restrictive practices in relation to the adult; and\n- (b) how the adult and the interested person can be involved and express their views in relation to the use of restrictive practices; and\n- (c) who decides whether restrictive practices will be used in relation to the adult; and\n- (d) how the adult and the interested person can make a complaint about, or seek review of, the use of restrictive practices.\n- (a) in the language or way the adult is most likely to understand; and\n- (b) in a way that has appropriate regard to the adult’s age, culture, disability and communication ability. Example of a way for paragraph (a) or (b) — by using visual or other aids","sortOrder":298},{"sectionNumber":"sec.192","sectionType":"section","heading":"Requirement to give information to guardian or informal decision-maker","content":"### sec.192 Requirement to give information to guardian or informal decision-maker\n\nThis section applies if—\na relevant service provider seeks consent from a substitute decision-maker for an adult to use a restrictive practice in relation to the adult; and\nthe restrictive practice is not chemical restraint (fixed dose) used under section 168 in the course of providing respite services to the adult.\nTo enable the substitute decision-maker to make an informed decision about the use of a restrictive practice other than in the course of providing respite services or community access services to the adult, the relevant service provider must give the substitute decision-maker each of the following—\nthe positive behaviour support plan for the adult;\nany assessment or other information used to develop or change the plan;\nif the relevant service provider is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the terms of the order or authority.\nTo enable the substitute decision-maker to make an informed decision about the use of a restrictive practice in the course of providing respite services or community access services to the adult, the relevant service provider must give the substitute decision-maker—\nthe respite/community access plan for the adult; and\nany information used to develop the plan.\nIf the relevant service provider, acting honestly and without negligence, gives the information to the substitute decision-maker, the relevant service provider is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the relevant service provider gives the information, the relevant service provider can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (4) and (5) —\nin a proceeding for defamation, the relevant service provider has a defence of absolute privilege for publishing the information; and\nif the relevant service provider would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the relevant service provider—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nThis section does not limit the GAA, section 44 .\nThe GAA, section 44 enables a guardian to obtain all information the adult would have been entitled to if the adult had capacity and that is necessary for the guardian to make informed decisions.\nIn this section—\ninformation includes a document.\nsubstitute decision-maker , for an adult, means a guardian for a restrictive practice matter, or an informal decision-maker, for the adult.\nA guardian or informal decision-maker who gains confidential information is subject to confidentiality requirements under the GAA. See the GAA, section 249 for guardians and section 80ZT for informal decision-makers.\ns 192 ins 2008 No. 23 s 7\namd 2016 No. 5 s 923 sch 4\n(sec.192-ssec.1) This section applies if— a relevant service provider seeks consent from a substitute decision-maker for an adult to use a restrictive practice in relation to the adult; and the restrictive practice is not chemical restraint (fixed dose) used under section 168 in the course of providing respite services to the adult.\n(sec.192-ssec.2) To enable the substitute decision-maker to make an informed decision about the use of a restrictive practice other than in the course of providing respite services or community access services to the adult, the relevant service provider must give the substitute decision-maker each of the following— the positive behaviour support plan for the adult; any assessment or other information used to develop or change the plan; if the relevant service provider is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the terms of the order or authority.\n(sec.192-ssec.3) To enable the substitute decision-maker to make an informed decision about the use of a restrictive practice in the course of providing respite services or community access services to the adult, the relevant service provider must give the substitute decision-maker— the respite/community access plan for the adult; and any information used to develop the plan.\n(sec.192-ssec.4) If the relevant service provider, acting honestly and without negligence, gives the information to the substitute decision-maker, the relevant service provider is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.192-ssec.5) Also, merely because the relevant service provider gives the information, the relevant service provider can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.192-ssec.6) Without limiting subsections (4) and (5) — in a proceeding for defamation, the relevant service provider has a defence of absolute privilege for publishing the information; and if the relevant service provider would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the relevant service provider— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n(sec.192-ssec.7) This section does not limit the GAA, section 44 . The GAA, section 44 enables a guardian to obtain all information the adult would have been entitled to if the adult had capacity and that is necessary for the guardian to make informed decisions.\n(sec.192-ssec.8) In this section— information includes a document. substitute decision-maker , for an adult, means a guardian for a restrictive practice matter, or an informal decision-maker, for the adult. A guardian or informal decision-maker who gains confidential information is subject to confidentiality requirements under the GAA. See the GAA, section 249 for guardians and section 80ZT for informal decision-makers.\n- (a) a relevant service provider seeks consent from a substitute decision-maker for an adult to use a restrictive practice in relation to the adult; and\n- (b) the restrictive practice is not chemical restraint (fixed dose) used under section 168 in the course of providing respite services to the adult.\n- (a) the positive behaviour support plan for the adult;\n- (b) any assessment or other information used to develop or change the plan;\n- (c) if the relevant service provider is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the terms of the order or authority.\n- (a) the respite/community access plan for the adult; and\n- (b) any information used to develop the plan.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the relevant service provider has a defence of absolute privilege for publishing the information; and\n- (b) if the relevant service provider would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the relevant service provider— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":299},{"sectionNumber":"sec.193","sectionType":"section","heading":"Requirement to keep and implement procedure","content":"### sec.193 Requirement to keep and implement procedure\n\nThis section applies to a relevant service provider, other than a relevant service provider prescribed by regulation, that uses a restrictive practice in relation to an adult with an intellectual or cognitive disability.\nThe relevant service provider must keep and implement procedures that ensure an individual acting for the relevant service provider who uses the restrictive practice in relation to the adult—\nhas sufficient knowledge of the requirements for lawful use of the restrictive practice; and\nhas the skills and knowledge required to use the restrictive practice appropriately.\nIn this section—\nkeep and implement , for a procedure, means—\nprepare the procedure and keep it up to date; and\nimplement and comply with the procedures; and\nkeep a copy of the up-to-date procedure at premises where the restrictive practice is used.\ns 193 ins 2014 No. 5 s 32\namd 2019 No. 19 s 26\n(sec.193-ssec.1) This section applies to a relevant service provider, other than a relevant service provider prescribed by regulation, that uses a restrictive practice in relation to an adult with an intellectual or cognitive disability.\n(sec.193-ssec.2) The relevant service provider must keep and implement procedures that ensure an individual acting for the relevant service provider who uses the restrictive practice in relation to the adult— has sufficient knowledge of the requirements for lawful use of the restrictive practice; and has the skills and knowledge required to use the restrictive practice appropriately.\n(sec.193-ssec.3) In this section— keep and implement , for a procedure, means— prepare the procedure and keep it up to date; and implement and comply with the procedures; and keep a copy of the up-to-date procedure at premises where the restrictive practice is used.\n- (a) has sufficient knowledge of the requirements for lawful use of the restrictive practice; and\n- (b) has the skills and knowledge required to use the restrictive practice appropriately.\n- (a) prepare the procedure and keep it up to date; and\n- (b) implement and comply with the procedures; and\n- (c) keep a copy of the up-to-date procedure at premises where the restrictive practice is used.","sortOrder":300},{"sectionNumber":"sec.194","sectionType":"section","heading":"Requirement to keep records and other documents","content":"### sec.194 Requirement to keep records and other documents\n\nThis section applies to a relevant service provider, other than a relevant service provider prescribed by regulation, that is using a restrictive practice in relation to an adult with an intellectual or cognitive disability.\nThe relevant service provider must make, and keep for the time prescribed under a regulation, the records prescribed under a regulation.\nAlso, the relevant service provider must keep, at premises where disability services or NDIS supports or services are provided to the adult, a copy of—\nif the restrictive practice is used under section 151 or 166 —the positive behaviour support plan for the adult; or\nif the restrictive practice is used under section 152 or 167 —the respite/community access plan for the adult; or\nif the restrictive practice is used under section 153 or 170 —the short term approval for the adult.\nIf the restrictive practice is used under a containment or seclusion approval given as an interim order under the GAA, section 80ZR —\nsubsection (3) (a) does not apply; and\nthe relevant service provider must keep, at premises where disability services or NDIS supports or services are provided to the adult, a copy of the interim order.\ns 194 ins 2008 No. 23 s 7\namd 2014 No. 5 s 33; 2019 No. 19 s 27 ; 2020 No. 39 s 70 sch 1\n(sec.194-ssec.1) This section applies to a relevant service provider, other than a relevant service provider prescribed by regulation, that is using a restrictive practice in relation to an adult with an intellectual or cognitive disability.\n(sec.194-ssec.2) The relevant service provider must make, and keep for the time prescribed under a regulation, the records prescribed under a regulation.\n(sec.194-ssec.3) Also, the relevant service provider must keep, at premises where disability services or NDIS supports or services are provided to the adult, a copy of— if the restrictive practice is used under section 151 or 166 —the positive behaviour support plan for the adult; or if the restrictive practice is used under section 152 or 167 —the respite/community access plan for the adult; or if the restrictive practice is used under section 153 or 170 —the short term approval for the adult.\n(sec.194-ssec.4) If the restrictive practice is used under a containment or seclusion approval given as an interim order under the GAA, section 80ZR — subsection (3) (a) does not apply; and the relevant service provider must keep, at premises where disability services or NDIS supports or services are provided to the adult, a copy of the interim order.\n- (a) if the restrictive practice is used under section 151 or 166 —the positive behaviour support plan for the adult; or\n- (b) if the restrictive practice is used under section 152 or 167 —the respite/community access plan for the adult; or\n- (c) if the restrictive practice is used under section 153 or 170 —the short term approval for the adult.\n- (a) subsection (3) (a) does not apply; and\n- (b) the relevant service provider must keep, at premises where disability services or NDIS supports or services are provided to the adult, a copy of the interim order.","sortOrder":301},{"sectionNumber":"sec.195","sectionType":"section","heading":"Notification requirements about approvals given for use of restrictive practices","content":"### sec.195 Notification requirements about approvals given for use of restrictive practices\n\nIf—\na relevant service provider, other than a relevant service provider prescribed by regulation, is given a limited restrictive practice approval authorising the provider to use a restrictive practice at a service outlet; and\nthere is no other limited restrictive practice approval in effect relating to the service outlet;\nthe relevant service provider must, within the required period, give notice in the approved form to the chief executive.\nA relevant service provider that has given a notice under subsection (1) must, within the period mentioned in subsection (6) , give notice in the approved form to the chief executive if all limited restrictive practice approvals relating to the service outlet stop having effect.\nIf—\na relevant service provider, other than a relevant service provider prescribed by regulation, is given a restrictive practice approval authorising the provider to use a restrictive practice at a visitable site as defined under the Public Guardian Act 2014 , section 39 ; and\nthere is no other restrictive practice approval in effect relating to the visitable site;\nthe relevant service provider must, within the required period, give notice to the public guardian.\nFor subsection (3) , the notice must state—\nthe name and address of the visitable site; and\nthat a restrictive practice approval has been given in relation to the visitable site.\nA relevant service provider that has given a notice under subsection (3) must, within the period mentioned in subsection (6) , give notice to the public guardian if all restrictive practice approvals relating to the visitable site stop having effect.\nFor subsections (2) and (5) , the notice must be given within 21 days after the event mentioned in the subsection happens.\nIn this section—\nlimited restrictive practice approval means a restrictive practice approval other than—\na containment or seclusion approval; or\na short term approval given by the public guardian under the GAA, chapter 5B , part 4 .\nrequired period means—\nif the restrictive practice approval is a short term approval—14 days after the approval is given; or\notherwise—21 days after the restrictive practice approval is given.\nrestrictive practice approval means—\na containment or seclusion approval; or\nconsent to use of a restrictive practice given by—\na guardian for a restrictive practice matter; or\nan informal decision-maker; or\na short term approval.\nservice outlet means a place at which disability services or NDIS supports or services are provided.\ns 195 ins 2008 No. 23 s 7\namd 2014 No. 26 s 219; 2019 No. 19 s 28 ; 2020 No. 39 s 70 sch 1\n(sec.195-ssec.1) If— a relevant service provider, other than a relevant service provider prescribed by regulation, is given a limited restrictive practice approval authorising the provider to use a restrictive practice at a service outlet; and there is no other limited restrictive practice approval in effect relating to the service outlet; the relevant service provider must, within the required period, give notice in the approved form to the chief executive.\n(sec.195-ssec.2) A relevant service provider that has given a notice under subsection (1) must, within the period mentioned in subsection (6) , give notice in the approved form to the chief executive if all limited restrictive practice approvals relating to the service outlet stop having effect.\n(sec.195-ssec.3) If— a relevant service provider, other than a relevant service provider prescribed by regulation, is given a restrictive practice approval authorising the provider to use a restrictive practice at a visitable site as defined under the Public Guardian Act 2014 , section 39 ; and there is no other restrictive practice approval in effect relating to the visitable site; the relevant service provider must, within the required period, give notice to the public guardian.\n(sec.195-ssec.4) For subsection (3) , the notice must state— the name and address of the visitable site; and that a restrictive practice approval has been given in relation to the visitable site.\n(sec.195-ssec.5) A relevant service provider that has given a notice under subsection (3) must, within the period mentioned in subsection (6) , give notice to the public guardian if all restrictive practice approvals relating to the visitable site stop having effect.\n(sec.195-ssec.6) For subsections (2) and (5) , the notice must be given within 21 days after the event mentioned in the subsection happens.\n(sec.195-ssec.7) In this section— limited restrictive practice approval means a restrictive practice approval other than— a containment or seclusion approval; or a short term approval given by the public guardian under the GAA, chapter 5B , part 4 . required period means— if the restrictive practice approval is a short term approval—14 days after the approval is given; or otherwise—21 days after the restrictive practice approval is given. restrictive practice approval means— a containment or seclusion approval; or consent to use of a restrictive practice given by— a guardian for a restrictive practice matter; or an informal decision-maker; or a short term approval. service outlet means a place at which disability services or NDIS supports or services are provided.\n- (a) a relevant service provider, other than a relevant service provider prescribed by regulation, is given a limited restrictive practice approval authorising the provider to use a restrictive practice at a service outlet; and\n- (b) there is no other limited restrictive practice approval in effect relating to the service outlet;\n- (a) a relevant service provider, other than a relevant service provider prescribed by regulation, is given a restrictive practice approval authorising the provider to use a restrictive practice at a visitable site as defined under the Public Guardian Act 2014 , section 39 ; and\n- (b) there is no other restrictive practice approval in effect relating to the visitable site;\n- (a) the name and address of the visitable site; and\n- (b) that a restrictive practice approval has been given in relation to the visitable site.\n- (a) a containment or seclusion approval; or\n- (b) a short term approval given by the public guardian under the GAA, chapter 5B , part 4 .\n- (a) if the restrictive practice approval is a short term approval—14 days after the approval is given; or\n- (b) otherwise—21 days after the restrictive practice approval is given.\n- (a) a containment or seclusion approval; or\n- (b) consent to use of a restrictive practice given by— (i) a guardian for a restrictive practice matter; or (ii) an informal decision-maker; or\n- (i) a guardian for a restrictive practice matter; or\n- (ii) an informal decision-maker; or\n- (c) a short term approval.\n- (i) a guardian for a restrictive practice matter; or\n- (ii) an informal decision-maker; or","sortOrder":302},{"sectionNumber":"sec.196","sectionType":"section","heading":"Definitions for sdiv 3","content":"### sec.196 Definitions for sdiv 3\n\nIn this subdivision—\nchief executive (health) means the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered.\ns 196 def chief executive (health) sub 2011 No. 32 s 332 s ch 1 pt 2 (amd 2012 No. 9 s 47 )\nhealth professional means a person engaged in delivering a private sector health service, including the following—\na registered health practitioner;\nany other person, including, for example, an audiologist, dietician, social worker or speech pathologist.\ns 196 def health professional amd 2010 No. 5 s 150 ; 2013 No. 13 s 12\nhealth service chief executive means a health service chief executive under the Hospital and Health Boards Act 2011 .\ns 196 def health service chief executive ins 2011 No. 32 s 332 s ch 1 pt 2 (amd 2012 No. 9 s 47 )\nprivate sector health service means a service for maintaining, improving or restoring people’s health and wellbeing, other than a service provided by the State.\ns 196 ins 2008 No. 23 s 7\n- (a) a registered health practitioner;\n- (b) any other person, including, for example, an audiologist, dietician, social worker or speech pathologist.","sortOrder":303},{"sectionNumber":"sec.197","sectionType":"section","heading":"Relevant service provider may request confidential information from health professional, chief executive (health) or health service chief executive","content":"### sec.197 Relevant service provider may request confidential information from health professional, chief executive (health) or health service chief executive\n\nThis section applies if a relevant service provider considers a health professional, the chief executive (health), or a health service chief executive, may hold confidential information about an adult with an intellectual or cognitive disability that is relevant to any of the following being done by the provider—\nthe assessment of the adult, including the making of a decision about whether to assess the adult;\nthe development or changing of a positive behaviour support plan for the adult;\nthe development of a respite/community access plan for the adult.\nThe relevant service provider may ask the health professional or chief executive (health) for the confidential information.\nA health professional or the chief executive (health) who gives confidential information requested under this section and who would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nAlso, merely because the health professional or the chief executive (health) gives the confidential information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\ns 197 ins 2008 No. 23 s 7\namd 2011 No. 32 s 332 s ch 1 pt 2 (amd 2012 No. 9 s 47 ); 2014 No. 5 s 34\n(sec.197-ssec.1) This section applies if a relevant service provider considers a health professional, the chief executive (health), or a health service chief executive, may hold confidential information about an adult with an intellectual or cognitive disability that is relevant to any of the following being done by the provider— the assessment of the adult, including the making of a decision about whether to assess the adult; the development or changing of a positive behaviour support plan for the adult; the development of a respite/community access plan for the adult.\n(sec.197-ssec.2) The relevant service provider may ask the health professional or chief executive (health) for the confidential information.\n(sec.197-ssec.3) A health professional or the chief executive (health) who gives confidential information requested under this section and who would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n(sec.197-ssec.4) Also, merely because the health professional or the chief executive (health) gives the confidential information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n- (a) the assessment of the adult, including the making of a decision about whether to assess the adult;\n- (b) the development or changing of a positive behaviour support plan for the adult;\n- (c) the development of a respite/community access plan for the adult.\n- (a) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (b) is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.","sortOrder":304},{"sectionNumber":"sec.198","sectionType":"section","heading":"Relevant service providers must maintain confidentiality","content":"### sec.198 Relevant service providers must maintain confidentiality\n\nThis section applies if a relevant service provider—\ngains confidential information under section 197 ; or\notherwise gains confidential information in the course of—\nassessing an adult with an intellectual or cognitive disability or developing a positive behaviour support plan for the adult; or\ndeveloping a respite/community access plan for an adult with an intellectual or cognitive disability.\nThe relevant service provider, or an individual acting for the relevant service provider, must not disclose the information to anyone other than under subsection (3) .\nMaximum penalty—100 penalty units.\nThe relevant service provider, or an individual acting for the relevant service provider, may disclose the information to someone else—\nfor this Act; or\nto discharge a function under another law; or\nfor a proceeding in a court or tribunal; or\nif authorised under another law or a regulation made under this Act; or\nif authorised in writing by the adult with an intellectual or cognitive disability to whom the information relates; or\nto protect a person with disability from abuse, neglect or exploitation.\ns 198 ins 2008 No. 23 s 7\namd 2014 No. 5 s 35; 2020 No. 39 s 70 sch 1\n(sec.198-ssec.1) This section applies if a relevant service provider— gains confidential information under section 197 ; or otherwise gains confidential information in the course of— assessing an adult with an intellectual or cognitive disability or developing a positive behaviour support plan for the adult; or developing a respite/community access plan for an adult with an intellectual or cognitive disability.\n(sec.198-ssec.2) The relevant service provider, or an individual acting for the relevant service provider, must not disclose the information to anyone other than under subsection (3) . Maximum penalty—100 penalty units.\n(sec.198-ssec.3) The relevant service provider, or an individual acting for the relevant service provider, may disclose the information to someone else— for this Act; or to discharge a function under another law; or for a proceeding in a court or tribunal; or if authorised under another law or a regulation made under this Act; or if authorised in writing by the adult with an intellectual or cognitive disability to whom the information relates; or to protect a person with disability from abuse, neglect or exploitation.\n- (a) gains confidential information under section 197 ; or\n- (b) otherwise gains confidential information in the course of— (i) assessing an adult with an intellectual or cognitive disability or developing a positive behaviour support plan for the adult; or (ii) developing a respite/community access plan for an adult with an intellectual or cognitive disability.\n- (i) assessing an adult with an intellectual or cognitive disability or developing a positive behaviour support plan for the adult; or\n- (ii) developing a respite/community access plan for an adult with an intellectual or cognitive disability.\n- (i) assessing an adult with an intellectual or cognitive disability or developing a positive behaviour support plan for the adult; or\n- (ii) developing a respite/community access plan for an adult with an intellectual or cognitive disability.\n- (a) for this Act; or\n- (b) to discharge a function under another law; or\n- (c) for a proceeding in a court or tribunal; or\n- (d) if authorised under another law or a regulation made under this Act; or\n- (e) if authorised in writing by the adult with an intellectual or cognitive disability to whom the information relates; or\n- (f) to protect a person with disability from abuse, neglect or exploitation.","sortOrder":305},{"sectionNumber":"sec.199","sectionType":"section","heading":"Requirement to give information about use of restrictive practice to chief executive","content":"### sec.199 Requirement to give information about use of restrictive practice to chief executive\n\nThis section applies to a relevant service provider, other than a relevant service provider prescribed by regulation, that is using a restrictive practice in relation to an adult with an intellectual or cognitive disability.\nThe relevant service provider must give to the chief executive, in the way and at the times prescribed under a regulation, information about the use of the restrictive practice prescribed under a regulation.\ns 199 ins 2014 No. 5 s 36\namd 2019 No. 19 s 29\n(sec.199-ssec.1) This section applies to a relevant service provider, other than a relevant service provider prescribed by regulation, that is using a restrictive practice in relation to an adult with an intellectual or cognitive disability.\n(sec.199-ssec.2) The relevant service provider must give to the chief executive, in the way and at the times prescribed under a regulation, information about the use of the restrictive practice prescribed under a regulation.","sortOrder":306},{"sectionNumber":"sec.200","sectionType":"section","heading":"Chief executive may give information about use of restrictive practice","content":"### sec.200 Chief executive may give information about use of restrictive practice\n\nThis section applies to information given to the chief executive by a relevant service provider under section 199 .\nThe chief executive may give the information to any or all of the following—\nQCAT;\nthe public guardian;\nthe public advocate under the GAA;\nthe relevant service provider.\ns 200 ins 2014 No. 5 s 36 (amd 2014 No. 26 s 226 )\n(sec.200-ssec.1) This section applies to information given to the chief executive by a relevant service provider under section 199 .\n(sec.200-ssec.2) The chief executive may give the information to any or all of the following— QCAT; the public guardian; the public advocate under the GAA; the relevant service provider.\n- (a) QCAT;\n- (b) the public guardian;\n- (c) the public advocate under the GAA;\n- (d) the relevant service provider.","sortOrder":307},{"sectionNumber":"pt.6A","sectionType":"part","heading":"Investigation, monitoring and enforcement","content":"# Investigation, monitoring and enforcement","sortOrder":308},{"sectionNumber":"pt.6A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":309},{"sectionNumber":"sec.200A","sectionType":"section","heading":"Purpose of part","content":"### sec.200A Purpose of part\n\nThe purpose of this part is to prescribe particular functions and powers of authorised officers appointed under the Community Services Act 2007 .\ns 200A ins 2016 No. 9 s 44","sortOrder":310},{"sectionNumber":"sec.200B","sectionType":"section","heading":"References to exercise of powers","content":"### sec.200B References to exercise of powers\n\nIf—\na provision of this part refers to the exercise of a power by an authorised officer; and\nthere is no reference to a specific power;\nthe reference is to the exercise of all or any authorised officer’s powers under this part or a warrant, to the extent the powers are relevant.\ns 200B ins 2016 No. 9 s 44\n- (a) a provision of this part refers to the exercise of a power by an authorised officer; and\n- (b) there is no reference to a specific power;","sortOrder":311},{"sectionNumber":"sec.200C","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.200C Reference to document includes reference to reproductions from electronic document\n\nA reference in this part to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\ns 200C ins 2016 No. 9 s 44\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":312},{"sectionNumber":"pt.6A-div.2","sectionType":"division","heading":"Functions of authorised officers","content":"## Functions of authorised officers","sortOrder":313},{"sectionNumber":"sec.200D","sectionType":"section","heading":"Existing functions of authorised officers in relation to funding","content":"### sec.200D Existing functions of authorised officers in relation to funding\n\nFor this Act and the Community Services Act 2007 , section 24 (d) , the functions of an authorised officer, to the extent the Community Services Act 2007 applies in relation to funding because of section 10 of that Act, include the following—\ninvestigating, monitoring and ensuring compliance with this Act;\ninvestigating or monitoring whether an occasion has arisen for the exercise of powers under the Community Services Act 2007 ;\nfacilitating the exercise of powers under the Community Services Act 2007 .\nSee the Community Services Act 2007 , part 4 , divisions 3 and 4 for powers an authorised officer may exercise under that Act for the performance of the authorised officer’s functions under this section.\ns 200D ins 2016 No. 9 s 44\n- (a) investigating, monitoring and ensuring compliance with this Act;\n- (b) investigating or monitoring whether an occasion has arisen for the exercise of powers under the Community Services Act 2007 ;\n- (c) facilitating the exercise of powers under the Community Services Act 2007 . Note— See the Community Services Act 2007 , part 4 , divisions 3 and 4 for powers an authorised officer may exercise under that Act for the performance of the authorised officer’s functions under this section.","sortOrder":314},{"sectionNumber":"sec.200E","sectionType":"section","heading":"Additional functions of authorised officers in relation to NDIS service providers","content":"### sec.200E Additional functions of authorised officers in relation to NDIS service providers\n\nWithout limiting section 200D , for this Act and the Community Services Act 2007 , section 24 (d) , an authorised officer also has the functions of—\ninvestigating, monitoring and ensuring compliance of NDIS service providers with a provision of this Act, other than a provision prescribed by regulation (an excluded provision ); and\nfor the purposes of paragraph (a) —\ninvestigating or monitoring whether an occasion has arisen for the exercise of powers under this Act; and\nfacilitating the exercise of powers under this Act.\ns 200E ins 2016 No. 9 s 44\namd 2019 No. 19 s 30 ; 2020 No. 39 s 70 sch 1\n- (a) investigating, monitoring and ensuring compliance of NDIS service providers with a provision of this Act, other than a provision prescribed by regulation (an excluded provision ); and\n- (b) for the purposes of paragraph (a) — (i) investigating or monitoring whether an occasion has arisen for the exercise of powers under this Act; and (ii) facilitating the exercise of powers under this Act.\n- (i) investigating or monitoring whether an occasion has arisen for the exercise of powers under this Act; and\n- (ii) facilitating the exercise of powers under this Act.\n- (i) investigating or monitoring whether an occasion has arisen for the exercise of powers under this Act; and\n- (ii) facilitating the exercise of powers under this Act.","sortOrder":315},{"sectionNumber":"pt.6A-div.3","sectionType":"division","heading":"Powers of authorised officers for particular functions","content":"## Powers of authorised officers for particular functions","sortOrder":316},{"sectionNumber":"sec.200F","sectionType":"section","heading":"Application of division for particular functions","content":"### sec.200F Application of division for particular functions\n\nThis division applies for the performance of the functions of an authorised officer mentioned in section 200E .\ns 200F ins 2016 No. 9 s 44","sortOrder":317},{"sectionNumber":"sec.200G","sectionType":"section","heading":"General power to enter places","content":"### sec.200G General power to enter places\n\nAn authorised officer may enter a place if—\nan occupier of the place consents under subdivision 3 to the entry and section 200J has been complied with for the occupier; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 200Q has been complied with for the occupier; or\nit is the place of business of an NDIS service provider and is—\nopen for carrying on the business; or\notherwise open for entry.\nFor subsection (1) (d) , a place of business does not include a part of the place where a person resides.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\nIn this section—\npublic place means a place, or part of the place—\nthe public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or\na beach, a park, a road\nthe occupier of which allows, whether or not on payment of money, members of the public to enter.\na saleyard, a showground\ns 200G ins 2016 No. 9 s 44\namd 2020 No. 39 s 70 sch 1\n(sec.200G-ssec.1) An authorised officer may enter a place if— an occupier of the place consents under subdivision 3 to the entry and section 200J has been complied with for the occupier; or it is a public place and the entry is made when it is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 200Q has been complied with for the occupier; or it is the place of business of an NDIS service provider and is— open for carrying on the business; or otherwise open for entry.\n(sec.200G-ssec.2) For subsection (1) (d) , a place of business does not include a part of the place where a person resides.\n(sec.200G-ssec.3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.200G-ssec.4) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.200G-ssec.5) In this section— public place means a place, or part of the place— the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or a beach, a park, a road the occupier of which allows, whether or not on payment of money, members of the public to enter. a saleyard, a showground\n- (a) an occupier of the place consents under subdivision 3 to the entry and section 200J has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 200Q has been complied with for the occupier; or\n- (d) it is the place of business of an NDIS service provider and is— (i) open for carrying on the business; or (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.\n- (a) the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or Examples of a place that may be a public place under paragraph (a) — a beach, a park, a road\n- (b) the occupier of which allows, whether or not on payment of money, members of the public to enter. Examples of a place that may be a public place under paragraph (b) — a saleyard, a showground","sortOrder":318},{"sectionNumber":"sec.200H","sectionType":"section","heading":"Application of subdivision","content":"### sec.200H Application of subdivision\n\nThis subdivision applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 200G (1) (a) .\ns 200H ins 2016 No. 9 s 44","sortOrder":319},{"sectionNumber":"sec.200I","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.200I Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, an authorised officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\ns 200I ins 2016 No. 9 s 44\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":320},{"sectionNumber":"sec.200J","sectionType":"section","heading":"Matters authorised officer must tell occupier","content":"### sec.200J Matters authorised officer must tell occupier\n\nBefore asking for the consent, the authorised officer must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\ns 200J ins 2016 No. 9 s 44\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":321},{"sectionNumber":"sec.200K","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.200K Consent acknowledgement\n\nIf the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthe following has been explained to the occupier—\nthe purpose of the entry, including the powers intended to be exercised;\nthat the occupier is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthe occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and\nthe time and day the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\na signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 200K ins 2016 No. 9 s 44\n(sec.200K-ssec.1) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.200K-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.\n(sec.200K-ssec.3) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\n(sec.200K-ssec.4) If— an issue arises in a proceeding about whether the occupier consented to the entry; and a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (c) the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and\n- (d) the time and day the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":322},{"sectionNumber":"sec.200L","sectionType":"section","heading":"Application for warrant","content":"### sec.200L Application for warrant\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe authorised officer must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\ns 200L ins 2016 No. 9 s 44\n(sec.200L-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.200L-ssec.2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought.\n(sec.200L-ssec.3) The written application must be sworn.\n(sec.200L-ssec.4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":323},{"sectionNumber":"sec.200M","sectionType":"section","heading":"Issue of warrant","content":"### sec.200M Issue of warrant\n\nA magistrate may issue a warrant for a place only if the magistrate is satisfied there are reasonable grounds for suspecting that it is necessary to enter the place to check whether an NDIS service provider has complied with, or is complying with, a provision of this Act, other than an excluded provision.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated authorised officer may, with necessary and reasonable help and force—\nenter the place and any other place necessary for the entry; and\nexercise the officer’s powers; and\nparticulars of the reason it is necessary to enter the place that the magistrate considers appropriate;\nthe hours of the day or night when the place may be entered; and\nthe evidence that may be seized under the warrant; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\ns 200M ins 2016 No. 9 s 44\namd 2019 No. 19 s 31 ; 2020 No. 39 s 70 sch 1\n(sec.200M-ssec.1) A magistrate may issue a warrant for a place only if the magistrate is satisfied there are reasonable grounds for suspecting that it is necessary to enter the place to check whether an NDIS service provider has complied with, or is complying with, a provision of this Act, other than an excluded provision.\n(sec.200M-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for the entry; and exercise the officer’s powers; and particulars of the reason it is necessary to enter the place that the magistrate considers appropriate; the hours of the day or night when the place may be entered; and the evidence that may be seized under the warrant; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) the place to which the warrant applies; and\n- (b) that a stated authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for the entry; and (ii) exercise the officer’s powers; and\n- (i) enter the place and any other place necessary for the entry; and\n- (ii) exercise the officer’s powers; and\n- (c) particulars of the reason it is necessary to enter the place that the magistrate considers appropriate;\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the magistrate’s name; and\n- (g) the day and time of the warrant’s issue; and\n- (h) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for the entry; and\n- (ii) exercise the officer’s powers; and","sortOrder":324},{"sectionNumber":"sec.200N","sectionType":"section","heading":"Electronic application","content":"### sec.200N Electronic application\n\nAn application under section 200L may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised officer’s remote location.\nThe application—\nmay not be made before the authorised officer prepares the written application under section 200L (2) ; but\nmay be made before the written application is sworn.\ns 200N ins 2016 No. 9 s 44\n(sec.200N-ssec.1) An application under section 200L may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location.\n(sec.200N-ssec.2) The application— may not be made before the authorised officer prepares the written application under section 200L (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised officer’s remote location.\n- (a) may not be made before the authorised officer prepares the written application under section 200L (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":325},{"sectionNumber":"sec.200O","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.200O Additional procedure if electronic application\n\nFor an application under section 200N , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 200N ; and\nthe way the application was made under section 200N was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or\notherwise—\nthe magistrate must tell the authorised officer the information mentioned in section 200M (2) ; and\nthe authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 200M (2) provided by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised officer must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 200L (2) and (3) ; and\nif the authorised officer completed a form of warrant under subsection (2) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 200L .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\ns 200O ins 2016 No. 9 s 44\namd 2019 No. 19 s 81 sch 1\n(sec.200O-ssec.1) For an application under section 200N , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 200N ; and the way the application was made under section 200N was appropriate.\n(sec.200O-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the information mentioned in section 200M (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 200M (2) provided by the magistrate.\n(sec.200O-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.200O-ssec.4) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 200L (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (2) (b) —the completed form of warrant.\n(sec.200O-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.200O-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.200O-ssec.7) This section does not limit section 200L .\n(sec.200O-ssec.8) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 200N ; and\n- (b) the way the application was made under section 200N was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or\n- (b) otherwise— (i) the magistrate must tell the authorised officer the information mentioned in section 200M (2) ; and (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 200M (2) provided by the magistrate.\n- (i) the magistrate must tell the authorised officer the information mentioned in section 200M (2) ; and\n- (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 200M (2) provided by the magistrate.\n- (i) the magistrate must tell the authorised officer the information mentioned in section 200M (2) ; and\n- (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 200M (2) provided by the magistrate.\n- (a) the written application complying with section 200L (2) and (3) ; and\n- (b) if the authorised officer completed a form of warrant under subsection (2) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":326},{"sectionNumber":"sec.200P","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.200P Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with section 200L , 200M or 200N ;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 200O (3) .\ns 200P ins 2016 No. 9 s 44\n(sec.200P-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with section 200L , 200M or 200N ; unless the defect affects the substance of the warrant in a material particular.\n(sec.200P-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 200O (3) .\n- (a) the warrant; or\n- (b) compliance with section 200L , 200M or 200N ;","sortOrder":327},{"sectionNumber":"sec.200Q","sectionType":"section","heading":"Entry procedure","content":"### sec.200Q Entry procedure\n\nThis section applies if an authorised officer named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.\nBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing a copy of the authorised officer’s identity card or another document evidencing the authorised officer’s appointment;\ngive the person a copy of the warrant;\ntell the person the authorised officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that entry to the place without compliance is required to ensure the effective execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 200O (3) .\ns 200Q ins 2016 No. 9 s 44\n(sec.200Q-ssec.1) This section applies if an authorised officer named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.\n(sec.200Q-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing a copy of the authorised officer’s identity card or another document evidencing the authorised officer’s appointment; give the person a copy of the warrant; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n(sec.200Q-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that entry to the place without compliance is required to ensure the effective execution of the warrant is not frustrated.\n(sec.200Q-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 200O (3) .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing a copy of the authorised officer’s identity card or another document evidencing the authorised officer’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.","sortOrder":328},{"sectionNumber":"sec.200R","sectionType":"section","heading":"Application of subdivision","content":"### sec.200R Application of subdivision\n\nThe powers under this subdivision may be exercised if an authorised officer enters a place under section 200G (1) (a) , (c) or (d) .\nHowever, if the authorised officer enters under section 200G (1) (a) or (c) , the powers under this subdivision are subject to any conditions of the consent or terms of the warrant.\ns 200R ins 2016 No. 9 s 44\n(sec.200R-ssec.1) The powers under this subdivision may be exercised if an authorised officer enters a place under section 200G (1) (a) , (c) or (d) .\n(sec.200R-ssec.2) However, if the authorised officer enters under section 200G (1) (a) or (c) , the powers under this subdivision are subject to any conditions of the consent or terms of the warrant.","sortOrder":329},{"sectionNumber":"sec.200S","sectionType":"section","heading":"General powers","content":"### sec.200S General powers\n\nThe authorised officer may do any of the following (each a general power )—\nsearch any part of the place;\ninspect, examine or film any part of the place or anything at the place;\ntake for examination a thing, or a sample of or from a thing, at the place;\nplace an identifying mark in or on anything at the place;\ntake an extract from, or copy, a document at the place or take the document to another place to copy;\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the place and use any person, equipment and materials the authorised officer reasonably requires for exercising the officer’s powers under this subdivision;\nconfer alone with a person at the place;\nrequire a person at the place to answer questions by the authorised officer to help the authorised officer ascertain whether a provision of this Act, other than an excluded provision, is being or has been complied with;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe authorised officer may take a necessary step to allow the exercise of a general power.\nIf the authorised officer takes a document from the place to copy it, the authorised officer must copy the document and return it to the place as soon as practicable.\nIf the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\ns 200S ins 2016 No. 9 s 44\namd 2019 No. 19 s 32\n(sec.200S-ssec.1) The authorised officer may do any of the following (each a general power )— search any part of the place; inspect, examine or film any part of the place or anything at the place; take for examination a thing, or a sample of or from a thing, at the place; place an identifying mark in or on anything at the place; take an extract from, or copy, a document at the place or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place and use any person, equipment and materials the authorised officer reasonably requires for exercising the officer’s powers under this subdivision; confer alone with a person at the place; require a person at the place to answer questions by the authorised officer to help the authorised officer ascertain whether a provision of this Act, other than an excluded provision, is being or has been complied with; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.200S-ssec.2) The authorised officer may take a necessary step to allow the exercise of a general power.\n(sec.200S-ssec.3) If the authorised officer takes a document from the place to copy it, the authorised officer must copy the document and return it to the place as soon as practicable.\n(sec.200S-ssec.4) If the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.\n(sec.200S-ssec.5) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify.\n- (a) search any part of the place;\n- (b) inspect, examine or film any part of the place or anything at the place;\n- (c) take for examination a thing, or a sample of or from a thing, at the place;\n- (d) place an identifying mark in or on anything at the place;\n- (e) take an extract from, or copy, a document at the place or take the document to another place to copy;\n- (f) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (g) take to, into or onto the place and use any person, equipment and materials the authorised officer reasonably requires for exercising the officer’s powers under this subdivision;\n- (h) confer alone with a person at the place;\n- (i) require a person at the place to answer questions by the authorised officer to help the authorised officer ascertain whether a provision of this Act, other than an excluded provision, is being or has been complied with;\n- (j) remain at the place for the time necessary to achieve the purpose of the entry.","sortOrder":330},{"sectionNumber":"sec.200T","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.200T Power to require reasonable help\n\nThe authorised officer may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.\nWhen making the help requirement, the authorised officer must warn the person it is an offence not to comply with the requirement unless the person has a reasonable excuse.\ns 200T ins 2016 No. 9 s 44\n(sec.200T-ssec.1) The authorised officer may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.\n(sec.200T-ssec.2) When making the help requirement, the authorised officer must warn the person it is an offence not to comply with the requirement unless the person has a reasonable excuse.","sortOrder":331},{"sectionNumber":"sec.200U","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.200U Offence to contravene help requirement\n\nA person of whom a help requirement is made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for an individual to not comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\ns 200U ins 2016 No. 9 s 44\n(sec.200U-ssec.1) A person of whom a help requirement is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.200U-ssec.2) It is a reasonable excuse for an individual to not comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":332},{"sectionNumber":"sec.200V","sectionType":"section","heading":"Failure to answer questions","content":"### sec.200V Failure to answer questions\n\nA person of whom a requirement is made under section 200S (1) (i) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for the person to not comply with the requirement if complying with the requirement might tend to incriminate the person.\ns 200V ins 2016 No. 9 s 44\n(sec.200V-ssec.1) A person of whom a requirement is made under section 200S (1) (i) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.200V-ssec.2) It is a reasonable excuse for the person to not comply with the requirement if complying with the requirement might tend to incriminate the person.","sortOrder":333},{"sectionNumber":"sec.200W","sectionType":"section","heading":"Power to require information","content":"### sec.200W Power to require information\n\nThis section applies if an authorised officer reasonably believes an offence against a provision of this Act, other than an excluded provision, has been committed by an NDIS service provider.\nThe authorised officer may, by notice given to the NDIS service provider, require the service provider to give the authorised officer information related to the offence within a stated reasonable time and in a stated way.\nA requirement under subsection (2) is an information requirement .\nFor information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.\nThe authorised officer may keep information that is a document to copy it.\nIf the authorised officer copies the document, or an entry in the document, the authorised officer may require the NDIS service provider that has possession or control of the document to certify the copy as a true copy of the document or entry.\nA requirement under subsection (6) is a document certification requirement .\nThe authorised officer must return the document to the NDIS service provider as soon as practicable after copying it.\nHowever, if a document certification requirement is made of a person, the authorised officer may keep the document until the person complies with the requirement.\nWhen making an information requirement or document certification requirement, the authorised officer must warn the NDIS service provider it is an offence not to comply with the requirement unless the service provider has a reasonable excuse.\ns 200W ins 2016 No. 9 s 44\namd 2019 No. 19 s 33 ; 2020 No. 39 s 70 sch 1\n(sec.200W-ssec.1) This section applies if an authorised officer reasonably believes an offence against a provision of this Act, other than an excluded provision, has been committed by an NDIS service provider.\n(sec.200W-ssec.2) The authorised officer may, by notice given to the NDIS service provider, require the service provider to give the authorised officer information related to the offence within a stated reasonable time and in a stated way.\n(sec.200W-ssec.3) A requirement under subsection (2) is an information requirement .\n(sec.200W-ssec.4) For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.\n(sec.200W-ssec.5) The authorised officer may keep information that is a document to copy it.\n(sec.200W-ssec.6) If the authorised officer copies the document, or an entry in the document, the authorised officer may require the NDIS service provider that has possession or control of the document to certify the copy as a true copy of the document or entry.\n(sec.200W-ssec.7) A requirement under subsection (6) is a document certification requirement .\n(sec.200W-ssec.8) The authorised officer must return the document to the NDIS service provider as soon as practicable after copying it.\n(sec.200W-ssec.9) However, if a document certification requirement is made of a person, the authorised officer may keep the document until the person complies with the requirement.\n(sec.200W-ssec.10) When making an information requirement or document certification requirement, the authorised officer must warn the NDIS service provider it is an offence not to comply with the requirement unless the service provider has a reasonable excuse.","sortOrder":334},{"sectionNumber":"sec.200X","sectionType":"section","heading":"Offence to contravene information requirement","content":"### sec.200X Offence to contravene information requirement\n\nAn NDIS service provider of whom an information requirement is made must comply with the requirement unless the service provider has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual to not comply with the information requirement if complying with the requirement might tend to incriminate the individual or expose the individual to a penalty.\nIf a court convicts a person of an offence against subsection (1) , the court may also order the person to give to a stated authorised officer, within a stated time and in a stated way, the information to which the information requirement related.\ns 200X ins 2016 No. 9 s 44\namd 2020 No. 39 s 70 sch 1\n(sec.200X-ssec.1) An NDIS service provider of whom an information requirement is made must comply with the requirement unless the service provider has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.200X-ssec.2) It is a reasonable excuse for an individual to not comply with the information requirement if complying with the requirement might tend to incriminate the individual or expose the individual to a penalty.\n(sec.200X-ssec.3) If a court convicts a person of an offence against subsection (1) , the court may also order the person to give to a stated authorised officer, within a stated time and in a stated way, the information to which the information requirement related.","sortOrder":335},{"sectionNumber":"pt.7","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":336},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Application","content":"## Application","sortOrder":337},{"sectionNumber":"sec.201","sectionType":"section","heading":"Application of pt 7","content":"### sec.201 Application of pt 7\n\nThis part applies to a proceeding under this Act.","sortOrder":338},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":339},{"sectionNumber":"sec.202","sectionType":"section","heading":"Appointments and authority","content":"### sec.202 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe chief executive’s appointment;\nthe authority of the chief executive to do anything under this Act.\ns 202 amd 2014 No. 12 s 61\n- (a) the chief executive’s appointment;\n- (b) the authority of the chief executive to do anything under this Act.","sortOrder":340},{"sectionNumber":"sec.203","sectionType":"section","heading":"Signatures","content":"### sec.203 Signatures\n\nA signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.\ns 203 amd 2014 No. 12 s 62","sortOrder":341},{"sectionNumber":"sec.204","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.204 Evidentiary provisions\n\nA certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—\na stated document is 1 of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na notice or requirement;\na record, or an extract from a record;\na stated document is another document kept under this Act;\na stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\non a stated day, a stated entity was given a stated notice under this Act;\non a stated day, a stated requirement was made of a stated person.\nIn a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\ns 204 amd 2014 No. 12 s 63; 2019 No. 19 s 81 sch 1\n(sec.204-ssec.1) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— a stated document is 1 of the following things made, given, issued or kept under this Act— an appointment, approval or decision; a notice or requirement; a record, or an extract from a record; a stated document is another document kept under this Act; a stated document is a copy of a thing mentioned in paragraph (a) or (b) ; on a stated day, a stated entity was given a stated notice under this Act; on a stated day, a stated requirement was made of a stated person.\n(sec.204-ssec.2) In a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n- (a) a stated document is 1 of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice or requirement; (iii) a record, or an extract from a record;\n- (i) an appointment, approval or decision;\n- (ii) a notice or requirement;\n- (iii) a record, or an extract from a record;\n- (b) a stated document is another document kept under this Act;\n- (c) a stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, a stated entity was given a stated notice under this Act;\n- (e) on a stated day, a stated requirement was made of a stated person.\n- (i) an appointment, approval or decision;\n- (ii) a notice or requirement;\n- (iii) a record, or an extract from a record;","sortOrder":342},{"sectionNumber":"sec.205","sectionType":"section","heading":"Clearance card is evidence of clearance","content":"### sec.205 Clearance card is evidence of clearance\n\nA clearance card issued to a person is evidence that the person holds a clearance.\ns 205 sub 2020 No. 39 s 14","sortOrder":343},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":344},{"sectionNumber":"sec.206","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.206 Indictable and summary offences\n\nAn offence against this Act is an indictable offence that is a crime if the maximum penalty for the offence is—\n500 penalty units or more; or\n5 years imprisonment or more.\nOtherwise, an offence against this Act is a summary offence.\ns 206 prev s 206 om 2013 No. 51 s 29\npres s 206 amd 2020 No. 39 s 15\n(sec.206-ssec.1) An offence against this Act is an indictable offence that is a crime if the maximum penalty for the offence is— 500 penalty units or more; or 5 years imprisonment or more.\n(sec.206-ssec.2) Otherwise, an offence against this Act is a summary offence.\n- (a) 500 penalty units or more; or\n- (b) 5 years imprisonment or more.","sortOrder":345},{"sectionNumber":"sec.207","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.207 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe magistrate is satisfied, at any stage of the hearing and after hearing submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or\nthe magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment.\ns 207 prev s 207 om 2014 No. 12 s 60\npres s 207 amd 2020 No. 39 s 16\n(sec.207-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.207-ssec.2) A magistrate must not hear an indictable offence summarily if— the magistrate is satisfied, at any stage of the hearing and after hearing submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.\n(sec.207-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n(sec.207-ssec.4) The maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the magistrate is satisfied, at any stage of the hearing and after hearing submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or\n- (b) the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":346},{"sectionNumber":"sec.208","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.208 Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\ns 208 amd 2009 No. 24 s 65\nprev s 208 om 2014 No. 12 s 60\n(sec.208-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.208-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.","sortOrder":347},{"sectionNumber":"sec.209","sectionType":"section","heading":"Proceeding for offences","content":"### sec.209 Proceeding for offences\n\nA proceeding for an offence against this Act, other than an indictable offence, must be taken in a summary way under the Justices Act 1886 .\ns 209 prev s 209 om 2014 No. 12 s 60","sortOrder":348},{"sectionNumber":"sec.210","sectionType":"section","heading":"When proceeding may start","content":"### sec.210 When proceeding may start\n\nA proceeding for a summary offence against this Act must start within the later of the following periods to end—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\ns 210 amd 2009 No. 24 s 67\nprev s 210 om 2014 No. 12 s 60\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":349},{"sectionNumber":"sec.211","sectionType":"section","heading":"Allegations of false or misleading information or document","content":"### sec.211 Allegations of false or misleading information or document\n\nIn any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’.\ns 211 amd 2009 No. 24 s 68\nprev s 211 om 2014 No. 12 s 60","sortOrder":350},{"sectionNumber":"sec.212","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.212 Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, a court may order the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized, whether or not the thing has been returned to its owner.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\ns 212 sub 2009 No. 24 s 70\nprev s 212 om 2014 No. 12 s 60\n(sec.212-ssec.1) On conviction of a person for an offence against this Act, a court may order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.212-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized, whether or not the thing has been returned to its owner.\n(sec.212-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.212-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized, whether or not the thing has been returned to its owner.","sortOrder":351},{"sectionNumber":"sec.213","sectionType":"section","heading":"Dealing with forfeited thing","content":"### sec.213 Dealing with forfeited thing\n\nOn the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the State as the State considers appropriate.\nWithout limiting subsection (1) , the State may destroy the thing.\ns 213 prev s 213 om 2009 No. 24 s 71\n(sec.213-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the State as the State considers appropriate.\n(sec.213-ssec.2) Without limiting subsection (1) , the State may destroy the thing.","sortOrder":352},{"sectionNumber":"sec.214","sectionType":"section","heading":"Responsibility for acts or omissions of representative","content":"### sec.214 Responsibility for acts or omissions of representative\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.214-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.214-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.214-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.214-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":353},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":354},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Records","content":"## Records","sortOrder":355},{"sectionNumber":"sec.215","sectionType":"section","heading":"Funded service provider or NDIS service provider must keep records","content":"### sec.215 Funded service provider or NDIS service provider must keep records\n\nA funded service provider or an NDIS service provider must make, and keep for the time prescribed under a regulation, the records prescribed under a regulation.\nMaximum penalty—\nfor an individual guilty under chapter 2 of the Criminal Code of an offence—20 penalty units; or\nfor a funded service provider—100 penalty units.\ns 215 amd 2013 No. 51 s 30; 2016 No. 9 s 45; 2020 No. 39 s 70 sch 1\n- (a) for an individual guilty under chapter 2 of the Criminal Code of an offence—20 penalty units; or\n- (b) for a funded service provider—100 penalty units.","sortOrder":356},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Locking of gates, doors and windows","content":"## Locking of gates, doors and windows","sortOrder":357},{"sectionNumber":"sec.216","sectionType":"section","heading":"Application of division","content":"### sec.216 Application of division\n\nThis division—\napplies in relation to the following service providers that provide disability services or NDIS supports or services to an adult with an intellectual or cognitive disability—\nan NDIS service provider;\na funded service provider;\nthe department;\nanother service provider prescribed by regulation for this section; and\napplies if—\na service provider in relation to which this division applies locks gates, doors or windows at premises where disability services or NDIS supports or services are provided to adults with an intellectual or cognitive disability; and\nthe only reason the gates, doors or windows are locked is to prevent physical harm being caused to an adult with a skills deficit.\nHowever, this part does not apply in relation to a service provider—\nprescribed by regulation; or\nto the extent the service provider is providing disability services or NDIS supports or services prescribed by regulation.\nA service provider is a division 2 service provider to the extent this division applies in relation to the provider under subsections (1) (a) and (2) .\ns 216 ins 2008 No. 23 s 8\nsub 2019 No. 19 s 34\namd 2020 No. 39 s 17\n(sec.216-ssec.1) This division— applies in relation to the following service providers that provide disability services or NDIS supports or services to an adult with an intellectual or cognitive disability— an NDIS service provider; a funded service provider; the department; another service provider prescribed by regulation for this section; and applies if— a service provider in relation to which this division applies locks gates, doors or windows at premises where disability services or NDIS supports or services are provided to adults with an intellectual or cognitive disability; and the only reason the gates, doors or windows are locked is to prevent physical harm being caused to an adult with a skills deficit.\n(sec.216-ssec.2) However, this part does not apply in relation to a service provider— prescribed by regulation; or to the extent the service provider is providing disability services or NDIS supports or services prescribed by regulation.\n(sec.216-ssec.3) A service provider is a division 2 service provider to the extent this division applies in relation to the provider under subsections (1) (a) and (2) .\n- (a) applies in relation to the following service providers that provide disability services or NDIS supports or services to an adult with an intellectual or cognitive disability— (i) an NDIS service provider; (ii) a funded service provider; (iii) the department; (iv) another service provider prescribed by regulation for this section; and\n- (i) an NDIS service provider;\n- (ii) a funded service provider;\n- (iii) the department;\n- (iv) another service provider prescribed by regulation for this section; and\n- (b) applies if— (i) a service provider in relation to which this division applies locks gates, doors or windows at premises where disability services or NDIS supports or services are provided to adults with an intellectual or cognitive disability; and (ii) the only reason the gates, doors or windows are locked is to prevent physical harm being caused to an adult with a skills deficit.\n- (i) a service provider in relation to which this division applies locks gates, doors or windows at premises where disability services or NDIS supports or services are provided to adults with an intellectual or cognitive disability; and\n- (ii) the only reason the gates, doors or windows are locked is to prevent physical harm being caused to an adult with a skills deficit.\n- (i) an NDIS service provider;\n- (ii) a funded service provider;\n- (iii) the department;\n- (iv) another service provider prescribed by regulation for this section; and\n- (i) a service provider in relation to which this division applies locks gates, doors or windows at premises where disability services or NDIS supports or services are provided to adults with an intellectual or cognitive disability; and\n- (ii) the only reason the gates, doors or windows are locked is to prevent physical harm being caused to an adult with a skills deficit.\n- (a) prescribed by regulation; or\n- (b) to the extent the service provider is providing disability services or NDIS supports or services prescribed by regulation.","sortOrder":358},{"sectionNumber":"sec.217","sectionType":"section","heading":"Definitions for division","content":"### sec.217 Definitions for division\n\nIn this division—\nadult with an intellectual or cognitive disability see section 144 .\nadult with a skills deficit means an adult with an intellectual or cognitive disability who can not safely exit premises where disability services or NDIS supports or services are provided to the adult without supervision, if the only reason the adult can not safely exit the premises without supervision is—\nthe adult lacks road safety skills; or\nthe adult is vulnerable to abuse or exploitation by others; or\nthe adult is unable to find his or her way back to the premises; or\nanother reason prescribed under a regulation.\ns 217 def adult with a skills deficit amd 2020 No. 39 s 70 sch 1\ndivision 2 service provider see section 216 (3) .\ns 217 def division 2 service provider ins 2019 No. 19 s 35 (2)\nrelevant service provider ...\ns 217 def relevant service provider om 2019 No. 19 s 35 (1)\ns 217 ins 2008 No. 23 s 8\namd 2020 No. 39 s 70 sch 1\n- (a) the adult lacks road safety skills; or\n- (b) the adult is vulnerable to abuse or exploitation by others; or\n- (c) the adult is unable to find his or her way back to the premises; or\n- (d) another reason prescribed under a regulation.","sortOrder":359},{"sectionNumber":"sec.218","sectionType":"section","heading":"Immunity from liability— division 2 service provider","content":"### sec.218 Immunity from liability— division 2 service provider\n\nA division 2 service provider is not civilly or criminally liable for locking gates, doors or windows if—\nthe division 2 service provider acts honestly and without negligence; and\nthe division 2 service provider keeps and implements a policy about the locking of gates, doors and windows that is consistent with the department’s policy about the locking of gates, doors and windows; and\nthe gates, doors or windows are locked in compliance with the policy; and\nthe division 2 service provider takes reasonable steps to minimise the impact of locking the gates, doors or windows on a person living at the premises who is not an adult with a skills deficit.\nSubsection (1) applies to the extent the locking of the gates, doors or windows prevents the free exit from the premises of—\nan adult with a skills deficit; or\nany other person living at the premises, other than an adult with an intellectual or cognitive disability who is contained within the meaning of part 6 .\nIn this section—\nkeep and implement , for a policy, means—\nprepare the policy and keep it up to date; and\nwhen providing disability services or NDIS supports or services, implement and comply with the procedures and other matters stated in the policy; and\nkeep a copy of the up-to-date policy at the premises.\ns 218 ins 2008 No. 23 s 8\namd 2019 No. 19 s 36 ; 2020 No. 39 s 70 sch 1\n(sec.218-ssec.1) A division 2 service provider is not civilly or criminally liable for locking gates, doors or windows if— the division 2 service provider acts honestly and without negligence; and the division 2 service provider keeps and implements a policy about the locking of gates, doors and windows that is consistent with the department’s policy about the locking of gates, doors and windows; and the gates, doors or windows are locked in compliance with the policy; and the division 2 service provider takes reasonable steps to minimise the impact of locking the gates, doors or windows on a person living at the premises who is not an adult with a skills deficit.\n(sec.218-ssec.2) Subsection (1) applies to the extent the locking of the gates, doors or windows prevents the free exit from the premises of— an adult with a skills deficit; or any other person living at the premises, other than an adult with an intellectual or cognitive disability who is contained within the meaning of part 6 .\n(sec.218-ssec.3) In this section— keep and implement , for a policy, means— prepare the policy and keep it up to date; and when providing disability services or NDIS supports or services, implement and comply with the procedures and other matters stated in the policy; and keep a copy of the up-to-date policy at the premises.\n- (a) the division 2 service provider acts honestly and without negligence; and\n- (b) the division 2 service provider keeps and implements a policy about the locking of gates, doors and windows that is consistent with the department’s policy about the locking of gates, doors and windows; and\n- (c) the gates, doors or windows are locked in compliance with the policy; and\n- (d) the division 2 service provider takes reasonable steps to minimise the impact of locking the gates, doors or windows on a person living at the premises who is not an adult with a skills deficit.\n- (a) an adult with a skills deficit; or\n- (b) any other person living at the premises, other than an adult with an intellectual or cognitive disability who is contained within the meaning of part 6 .\n- (a) prepare the policy and keep it up to date; and\n- (b) when providing disability services or NDIS supports or services, implement and comply with the procedures and other matters stated in the policy; and\n- (c) keep a copy of the up-to-date policy at the premises.","sortOrder":360},{"sectionNumber":"sec.219","sectionType":"section","heading":"Immunity from liability—individual acting for division 2 service provider","content":"### sec.219 Immunity from liability—individual acting for division 2 service provider\n\nAn individual, acting for a division 2 service provider, is not civilly or criminally liable for locking gates, doors or windows if the individual acts in compliance with, or reasonably believes he or she is acting in compliance with, the provider’s policy about the locking of gates, doors and windows.\ns 219 ins 2008 No. 23 s 8\namd 2019 No. 19 s 37","sortOrder":361},{"sectionNumber":"sec.220","sectionType":"section","heading":"Department’s policy about locking of gates, doors and windows","content":"### sec.220 Department’s policy about locking of gates, doors and windows\n\nThe department must have a policy about the locking of gates, doors and windows under this division.\nThe policy must outline the procedures a division 2 service provider will use to ensure gates, doors and windows are locked only if it is—\nnecessary to prevent physical harm to an adult with a skills deficit; and\nthe least restrictive way of ensuring the adult’s safety as is practicable in the circumstances.\nAlso, the policy must ensure appropriate regard is had to linguistic and cultural diversity and Aboriginal tradition and Island custom.\nFor definitions Aboriginal tradition and Island custom , see the Acts Interpretation Act 1954 , schedule 1 .\nThe chief executive must keep a copy of the policy available for inspection free of charge by division 2 service providers at—\nthe department’s head office and regional offices; and\nother places the chief executive considers appropriate.\nAlso, the chief executive must publish the policy on the department’s website on the internet.\ns 220 ins 2008 No. 23 s 8\namd 2019 No. 19 s 38 ; 2023 No. 23 s 247 sch 1 s 5\n(sec.220-ssec.1) The department must have a policy about the locking of gates, doors and windows under this division.\n(sec.220-ssec.2) The policy must outline the procedures a division 2 service provider will use to ensure gates, doors and windows are locked only if it is— necessary to prevent physical harm to an adult with a skills deficit; and the least restrictive way of ensuring the adult’s safety as is practicable in the circumstances.\n(sec.220-ssec.3) Also, the policy must ensure appropriate regard is had to linguistic and cultural diversity and Aboriginal tradition and Island custom. For definitions Aboriginal tradition and Island custom , see the Acts Interpretation Act 1954 , schedule 1 .\n(sec.220-ssec.4) The chief executive must keep a copy of the policy available for inspection free of charge by division 2 service providers at— the department’s head office and regional offices; and other places the chief executive considers appropriate.\n(sec.220-ssec.5) Also, the chief executive must publish the policy on the department’s website on the internet.\n- (a) necessary to prevent physical harm to an adult with a skills deficit; and\n- (b) the least restrictive way of ensuring the adult’s safety as is practicable in the circumstances.\n- (a) the department’s head office and regional offices; and\n- (b) other places the chief executive considers appropriate.","sortOrder":362},{"sectionNumber":"pt.8-div.2A","sectionType":"division","heading":null,"content":"","sortOrder":363},{"sectionNumber":"sec.220A","sectionType":"section","heading":null,"content":"### Section sec.220A\n\ns 220A ins 2020 No. 16 s 19\nexp 31 December 2020 (see s 220C)","sortOrder":364},{"sectionNumber":"sec.220B","sectionType":"section","heading":null,"content":"### Section sec.220B\n\ns 220B ins 2020 No. 16 s 19\nexp 31 December 2020 (see s 220C)","sortOrder":365},{"sectionNumber":"sec.220C","sectionType":"section","heading":null,"content":"### Section sec.220C\n\ns 220C ins 2020 No. 16 s 19\nexp 31 December 2020 (see s 220C)","sortOrder":366},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":367},{"sectionNumber":"sec.221","sectionType":"section","heading":"Disability service plans for departments","content":"### sec.221 Disability service plans for departments\n\nThe chief executive of a department must develop and implement disability service plans for the chief executive’s department.\nThe first plan must be developed and implemented within 1 year after the commencement of this section.\nA further plan must be developed and implemented at least once every 3 years.\nThe purpose of a plan is to ensure each department has regard to the following to the extent they reasonably apply to the department’s operations—\nthe human rights principle;\nthe service delivery principles;\nthe government’s policies for people with disability.\nIn developing a disability service plan, the chief executive of a department must consult with the following to ensure the chief executive’s plan forms part of a coordinated whole-of-government approach for service delivery to people with disability—\nthe chief executive of the department in which this Act is administered;\nthe chief executives of other departments.\nThe plan must, for the period of the plan—\nidentify the issues relating to service delivery to people with disability by the department; and\nstate the way the issues will be addressed; and\nstate the way the chief executive of a department is to consult with other chief executives to achieve the whole-of-government approach mentioned in subsection (5) .\nThe chief executive of a department must publish the current disability service plan for the department on the department’s website on the internet.\nDespite the Public Sector Act 2022 , section 274 , this section does not apply to a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) .\ns 221 amd 2009 No. 25 s 83 sch; 2020 No. 39 s 70 sch 1 ; 2022 No. 34 s 365 sch 3\n(sec.221-ssec.1) The chief executive of a department must develop and implement disability service plans for the chief executive’s department.\n(sec.221-ssec.2) The first plan must be developed and implemented within 1 year after the commencement of this section.\n(sec.221-ssec.3) A further plan must be developed and implemented at least once every 3 years.\n(sec.221-ssec.4) The purpose of a plan is to ensure each department has regard to the following to the extent they reasonably apply to the department’s operations— the human rights principle; the service delivery principles; the government’s policies for people with disability.\n(sec.221-ssec.5) In developing a disability service plan, the chief executive of a department must consult with the following to ensure the chief executive’s plan forms part of a coordinated whole-of-government approach for service delivery to people with disability— the chief executive of the department in which this Act is administered; the chief executives of other departments.\n(sec.221-ssec.6) The plan must, for the period of the plan— identify the issues relating to service delivery to people with disability by the department; and state the way the issues will be addressed; and state the way the chief executive of a department is to consult with other chief executives to achieve the whole-of-government approach mentioned in subsection (5) .\n(sec.221-ssec.7) The chief executive of a department must publish the current disability service plan for the department on the department’s website on the internet.\n(sec.221-ssec.8) Despite the Public Sector Act 2022 , section 274 , this section does not apply to a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) .\n- (a) the human rights principle;\n- (b) the service delivery principles;\n- (c) the government’s policies for people with disability.\n- (a) the chief executive of the department in which this Act is administered;\n- (b) the chief executives of other departments.\n- (a) identify the issues relating to service delivery to people with disability by the department; and\n- (b) state the way the issues will be addressed; and\n- (c) state the way the chief executive of a department is to consult with other chief executives to achieve the whole-of-government approach mentioned in subsection (5) .","sortOrder":368},{"sectionNumber":"sec.222","sectionType":"section","heading":"Establishment of Ministerial advisory committees","content":"### sec.222 Establishment of Ministerial advisory committees\n\nThe Minister may establish—\na committee to advise on the system that deals with complaints received from the following—\nconsumers;\nfamily members, carers or advocates of consumers; and\nas many other committees to advise on disability issues, disability services and NDIS supports or services as the Minister considers appropriate.\ns 222 amd 2020 No. 39 s 18\n- (a) a committee to advise on the system that deals with complaints received from the following— (i) consumers; (ii) family members, carers or advocates of consumers; and\n- (i) consumers;\n- (ii) family members, carers or advocates of consumers; and\n- (b) as many other committees to advise on disability issues, disability services and NDIS supports or services as the Minister considers appropriate.\n- (i) consumers;\n- (ii) family members, carers or advocates of consumers; and","sortOrder":369},{"sectionNumber":"sec.223","sectionType":"section","heading":"Membership of advisory committee","content":"### sec.223 Membership of advisory committee\n\nAn advisory committee has the membership decided by the Minister.\nThe Minister may appoint the following persons to an advisory committee—\na person with disability;\na family member or carer of a person with disability;\nanother person the Minister considers has expertise or experience relevant to people with disability.\ns 223 amd 2020 No. 39 s 70 sch 1\n(sec.223-ssec.1) An advisory committee has the membership decided by the Minister.\n(sec.223-ssec.2) The Minister may appoint the following persons to an advisory committee— a person with disability; a family member or carer of a person with disability; another person the Minister considers has expertise or experience relevant to people with disability.\n- (a) a person with disability;\n- (b) a family member or carer of a person with disability;\n- (c) another person the Minister considers has expertise or experience relevant to people with disability.","sortOrder":370},{"sectionNumber":"sec.224","sectionType":"section","heading":"Dissolution","content":"### sec.224 Dissolution\n\nThe Minister may dissolve an advisory committee at any time.","sortOrder":371},{"sectionNumber":"sec.225","sectionType":"section","heading":"Other matters","content":"### sec.225 Other matters\n\nThe Minister may decide matters about an advisory committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings or report to the Minister.","sortOrder":372},{"sectionNumber":"sec.226","sectionType":"section","heading":"Person with disability must advise chief executive about compensation","content":"### sec.226 Person with disability must advise chief executive about compensation\n\nThis section applies to a person with disability who, in relation to the disability—\nis applying for, or is receiving—\nfunding for disability services from the department; or\ndisability services from another entity the person knows is a funded service provider; and\nhas received, or may receive, an amount relating to the disability.\nThe person must notify the chief executive in the approved form—\nif action has been taken to claim an amount relating to the disability—of the type of action taken; and\nif an amount has been paid—of the date it was paid and the amount; and\nif part or all of the amount relates to future care—of the amount that relates to future care.\nMaximum penalty—200 penalty units.\nSubsection (4) applies to a person who, on behalf of a person with disability, applies for—\nfunding for disability services from the department; or\ndisability services from another entity the person applying knows is a funded service provider.\nThe person who applies for funding on behalf of a person with disability must notify the chief executive in the approved form of the matters mentioned in subsection (2) .\nMaximum penalty—200 penalty units.\nIn this section—\nan amount relating to the disability includes an amount relating to the disability resulting from any of the following—\na proceeding in a court;\naction taken for compensation under the Workers’ Compensation and Rehabilitation Act 2003 or an Act or law of another State, a Territory or the Commonwealth corresponding to that Act;\nan insurance claim;\nany other action taken under the common law or under an Act or law of a State or Territory or the Commonwealth.\ns 226 amd 2019 No. 19 s 39 ; 2020 No. 39 s 70 sch 1\n(sec.226-ssec.1) This section applies to a person with disability who, in relation to the disability— is applying for, or is receiving— funding for disability services from the department; or disability services from another entity the person knows is a funded service provider; and has received, or may receive, an amount relating to the disability.\n(sec.226-ssec.2) The person must notify the chief executive in the approved form— if action has been taken to claim an amount relating to the disability—of the type of action taken; and if an amount has been paid—of the date it was paid and the amount; and if part or all of the amount relates to future care—of the amount that relates to future care. Maximum penalty—200 penalty units.\n(sec.226-ssec.3) Subsection (4) applies to a person who, on behalf of a person with disability, applies for— funding for disability services from the department; or disability services from another entity the person applying knows is a funded service provider.\n(sec.226-ssec.4) The person who applies for funding on behalf of a person with disability must notify the chief executive in the approved form of the matters mentioned in subsection (2) . Maximum penalty—200 penalty units.\n(sec.226-ssec.5) In this section— an amount relating to the disability includes an amount relating to the disability resulting from any of the following— a proceeding in a court; action taken for compensation under the Workers’ Compensation and Rehabilitation Act 2003 or an Act or law of another State, a Territory or the Commonwealth corresponding to that Act; an insurance claim; any other action taken under the common law or under an Act or law of a State or Territory or the Commonwealth. s 226 amd 2019 No. 19 s 39 ; 2020 No. 39 s 70 sch 1\n- (a) is applying for, or is receiving— (i) funding for disability services from the department; or (ii) disability services from another entity the person knows is a funded service provider; and\n- (i) funding for disability services from the department; or\n- (ii) disability services from another entity the person knows is a funded service provider; and\n- (b) has received, or may receive, an amount relating to the disability.\n- (i) funding for disability services from the department; or\n- (ii) disability services from another entity the person knows is a funded service provider; and\n- (a) if action has been taken to claim an amount relating to the disability—of the type of action taken; and\n- (b) if an amount has been paid—of the date it was paid and the amount; and\n- (c) if part or all of the amount relates to future care—of the amount that relates to future care.\n- (a) funding for disability services from the department; or\n- (b) disability services from another entity the person applying knows is a funded service provider.\n- (a) a proceeding in a court;\n- (b) action taken for compensation under the Workers’ Compensation and Rehabilitation Act 2003 or an Act or law of another State, a Territory or the Commonwealth corresponding to that Act;\n- (c) an insurance claim;\n- (d) any other action taken under the common law or under an Act or law of a State or Territory or the Commonwealth.","sortOrder":373},{"sectionNumber":"sec.227","sectionType":"section","heading":null,"content":"### Section sec.227\n\ns 227 amd 2010 No. 5 s 151; 2019 No. 19 s 40\nsub 2020 No. 39 s 19\nom 2024 No. 50 s 24","sortOrder":374},{"sectionNumber":"sec.228","sectionType":"section","heading":"Confidentiality of other information","content":"### sec.228 Confidentiality of other information\n\nThis section applies to confidential information other than—\nprotected information under section 138ZLA (3) ; or\nscreening information.\nIf a person gains confidential information through involvement in this Act’s administration, the person must not disclose the information to anyone, other than under subsection (4) , (5) or (6) .\nMaximum penalty—100 penalty units.\nA person gains information through involvement in this Act’s administration if the person gains the information because of being, or an opportunity given by being—\nthe chief executive; or\nan employee in the department; or\na person contracted by the chief executive to provide disability services or NDIS supports or services for the department; or\na person contracted by the department for the purpose of conducting a multidisciplinary assessment, or developing a positive behaviour support plan, under part 6 , division 3 ; or\na person authorised by the chief executive to carry out research related to the objects of this Act; or\na member of a Ministerial advisory committee.\nA person may disclose information to someone else—\nfor administering, monitoring or enforcing compliance with, this Act; or\nto discharge a function under another law; or\nfor a proceeding in a court or tribunal; or\nif authorised under another law or a regulation made under this Act; or\nif—\nthe person is authorised in writing by the person to whom the information relates; and\nthe person to whom the information relates is an adult when the authorisation is given; or\nto protect a person with disability from abuse, neglect or exploitation.\nAlso, a person may disclose information to—\nanother department, a funded service provider, an NDIS service provider or another entity to enable the department, service provider or entity to provide for the needs of a person with disability; or\nthe Commonwealth or another entity for the purposes of an agreement with the Commonwealth.\nThe chief executive may—\ndisclose information to the NDIS commissioner if satisfied the disclosure would assist in the performance of the commissioner’s functions under the National Disability Insurance Scheme Act 2013 (Cwlth) ; or\ndisclose information to an entity responsible for the administration or enforcement of a corresponding law if satisfied the disclosure would assist in the performance of the entity’s functions relating to the corresponding law.\ns 228 amd 2008 No. 23 s 9; 2014 No. 12 s 64;2016 No. 9 s 46; 2019 No. 19 s 41 ; 2020 No. 39 ss 20 , 70 sch 1 ; 2024 No. 50 s 25\n(sec.228-ssec.1) This section applies to confidential information other than— protected information under section 138ZLA (3) ; or screening information.\n(sec.228-ssec.2) If a person gains confidential information through involvement in this Act’s administration, the person must not disclose the information to anyone, other than under subsection (4) , (5) or (6) . Maximum penalty—100 penalty units.\n(sec.228-ssec.3) A person gains information through involvement in this Act’s administration if the person gains the information because of being, or an opportunity given by being— the chief executive; or an employee in the department; or a person contracted by the chief executive to provide disability services or NDIS supports or services for the department; or a person contracted by the department for the purpose of conducting a multidisciplinary assessment, or developing a positive behaviour support plan, under part 6 , division 3 ; or a person authorised by the chief executive to carry out research related to the objects of this Act; or a member of a Ministerial advisory committee.\n(sec.228-ssec.4) A person may disclose information to someone else— for administering, monitoring or enforcing compliance with, this Act; or to discharge a function under another law; or for a proceeding in a court or tribunal; or if authorised under another law or a regulation made under this Act; or if— the person is authorised in writing by the person to whom the information relates; and the person to whom the information relates is an adult when the authorisation is given; or to protect a person with disability from abuse, neglect or exploitation.\n(sec.228-ssec.5) Also, a person may disclose information to— another department, a funded service provider, an NDIS service provider or another entity to enable the department, service provider or entity to provide for the needs of a person with disability; or the Commonwealth or another entity for the purposes of an agreement with the Commonwealth.\n(sec.228-ssec.6) The chief executive may— disclose information to the NDIS commissioner if satisfied the disclosure would assist in the performance of the commissioner’s functions under the National Disability Insurance Scheme Act 2013 (Cwlth) ; or disclose information to an entity responsible for the administration or enforcement of a corresponding law if satisfied the disclosure would assist in the performance of the entity’s functions relating to the corresponding law.\n- (a) protected information under section 138ZLA (3) ; or\n- (b) screening information.\n- (a) the chief executive; or\n- (b) an employee in the department; or\n- (c) a person contracted by the chief executive to provide disability services or NDIS supports or services for the department; or\n- (d) a person contracted by the department for the purpose of conducting a multidisciplinary assessment, or developing a positive behaviour support plan, under part 6 , division 3 ; or\n- (e) a person authorised by the chief executive to carry out research related to the objects of this Act; or\n- (f) a member of a Ministerial advisory committee.\n- (a) for administering, monitoring or enforcing compliance with, this Act; or\n- (b) to discharge a function under another law; or\n- (c) for a proceeding in a court or tribunal; or\n- (d) if authorised under another law or a regulation made under this Act; or\n- (e) if— (i) the person is authorised in writing by the person to whom the information relates; and (ii) the person to whom the information relates is an adult when the authorisation is given; or\n- (i) the person is authorised in writing by the person to whom the information relates; and\n- (ii) the person to whom the information relates is an adult when the authorisation is given; or\n- (f) to protect a person with disability from abuse, neglect or exploitation.\n- (i) the person is authorised in writing by the person to whom the information relates; and\n- (ii) the person to whom the information relates is an adult when the authorisation is given; or\n- (a) another department, a funded service provider, an NDIS service provider or another entity to enable the department, service provider or entity to provide for the needs of a person with disability; or\n- (b) the Commonwealth or another entity for the purposes of an agreement with the Commonwealth.\n- (a) disclose information to the NDIS commissioner if satisfied the disclosure would assist in the performance of the commissioner’s functions under the National Disability Insurance Scheme Act 2013 (Cwlth) ; or\n- (b) disclose information to an entity responsible for the administration or enforcement of a corresponding law if satisfied the disclosure would assist in the performance of the entity’s functions relating to the corresponding law.","sortOrder":375},{"sectionNumber":"sec.229","sectionType":"section","heading":"Power to require information or documents","content":"### sec.229 Power to require information or documents\n\nThe chief executive may give notice to a funded service provider or an NDIS service provider requiring the service provider to give the chief executive, within a stated reasonable time, information or a document relating to the provision of disability services or NDIS supports or services to consumers of the service provider.\nThe funded service provider or NDIS service provider must comply with the notice.\nFor a requirement to give a document, the funded service provider or NDIS service provider may comply with the requirement by giving a copy of the document certified as a true copy of the document.\ns 229 amd 2016 No. 9 s 47; 2020 No. 39 s 21\n(sec.229-ssec.1) The chief executive may give notice to a funded service provider or an NDIS service provider requiring the service provider to give the chief executive, within a stated reasonable time, information or a document relating to the provision of disability services or NDIS supports or services to consumers of the service provider.\n(sec.229-ssec.2) The funded service provider or NDIS service provider must comply with the notice.\n(sec.229-ssec.3) For a requirement to give a document, the funded service provider or NDIS service provider may comply with the requirement by giving a copy of the document certified as a true copy of the document.","sortOrder":376},{"sectionNumber":"sec.230","sectionType":"section","heading":"Protection from liability for giving information","content":"### sec.230 Protection from liability for giving information\n\nThis section applies to the giving of information to the chief executive, by a funded service provider or an NDIS service provider under this Act.\nA funded service provider or an NDIS service provider, or a person on behalf of the service provider, may give the information despite any other law that would otherwise prohibit or restrict the giving of the information.\nIf a person, acting honestly on reasonable grounds, gives the information to the chief executive, the person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (3) and (4) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nIn this section—\ninformation includes a document.\ns 230 amd 2016 No. 9 s 48; 2020 No. 39 s 70 sch 1\n(sec.230-ssec.1) This section applies to the giving of information to the chief executive, by a funded service provider or an NDIS service provider under this Act.\n(sec.230-ssec.2) A funded service provider or an NDIS service provider, or a person on behalf of the service provider, may give the information despite any other law that would otherwise prohibit or restrict the giving of the information.\n(sec.230-ssec.3) If a person, acting honestly on reasonable grounds, gives the information to the chief executive, the person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.230-ssec.4) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.230-ssec.5) Without limiting subsections (3) and (4) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n(sec.230-ssec.6) In this section— information includes a document.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":377},{"sectionNumber":"sec.231","sectionType":"section","heading":"Chief executive to advise on-disclosure","content":"### sec.231 Chief executive to advise on-disclosure\n\nThis section applies to information or a document that the chief executive has obtained from a funded service provider or an NDIS service provider under section 229 .\nThe chief executive must advise the funded service provider or NDIS service provider before giving the information or document to another entity, unless the chief executive considers that doing so would not be in the best interests of a consumer to whom the information or document relates.\ns 231 amd 2016 No. 9 s 49; 2020 No. 39 s 70 sch 1\n(sec.231-ssec.1) This section applies to information or a document that the chief executive has obtained from a funded service provider or an NDIS service provider under section 229 .\n(sec.231-ssec.2) The chief executive must advise the funded service provider or NDIS service provider before giving the information or document to another entity, unless the chief executive considers that doing so would not be in the best interests of a consumer to whom the information or document relates.","sortOrder":378},{"sectionNumber":"sec.232","sectionType":"section","heading":null,"content":"### Section sec.232\n\ns 232 om 2020 No. 39 s 22","sortOrder":379},{"sectionNumber":"sec.233","sectionType":"section","heading":"Chief executive may enter into arrangements about giving and receiving information about eligible persons","content":"### sec.233 Chief executive may enter into arrangements about giving and receiving information about eligible persons\n\nThe purpose of this section is to facilitate the monitoring and reconciliation of funding under this Act and other Acts, including the National Disability Insurance Scheme Act 2013 (Cwlth) , by sharing information about persons who may be eligible persons.\nIf the chief executive requests auditing information about persons who may be eligible persons from the chief executive of another department, the other chief executive must comply with the request.\nTo facilitate the giving of auditing information about persons who may be eligible persons, the chief executive and the chief executive of the other department may enter into a written arrangement by which the auditing information is given or received.\nWithout limiting subsection (3) , the arrangement may provide for the electronic transfer of auditing information about persons who may be eligible persons.\nHowever, if auditing information about persons who may be eligible persons is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\nWithout limiting section 228 (5) , the chief executive may disclose to the chief executive of another department under the arrangement mentioned in subsection (3) the fact that an eligible person has become, or will not become, a participant under the National Disability Insurance Scheme Act 2013 (Cwlth) .\nIn this section—\nauditing information , about a person who may be an eligible person, means each of the following—\nthe person’s full name;\nthe person’s unique agency client identifier, if any;\nthe person’s date of birth;\nthe person’s gender;\nthe person’s residential address;\nthe name and full contact details of the person’s carer or guardian and details of any relationship between the person and the person’s carer or guardian.\neligible person means a person receiving services funded or delivered by a department who may meet the access criteria under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 21 .\ns 233 ins 2014 No. 12 s 65\nsub 2016 No. 9 s 50\namd 2019 No. 19 s 81 sch 1 ; 2020 No. 39 s 70 sch 1\n(sec.233-ssec.1) The purpose of this section is to facilitate the monitoring and reconciliation of funding under this Act and other Acts, including the National Disability Insurance Scheme Act 2013 (Cwlth) , by sharing information about persons who may be eligible persons.\n(sec.233-ssec.2) If the chief executive requests auditing information about persons who may be eligible persons from the chief executive of another department, the other chief executive must comply with the request.\n(sec.233-ssec.3) To facilitate the giving of auditing information about persons who may be eligible persons, the chief executive and the chief executive of the other department may enter into a written arrangement by which the auditing information is given or received.\n(sec.233-ssec.4) Without limiting subsection (3) , the arrangement may provide for the electronic transfer of auditing information about persons who may be eligible persons.\n(sec.233-ssec.5) However, if auditing information about persons who may be eligible persons is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\n(sec.233-ssec.6) Without limiting section 228 (5) , the chief executive may disclose to the chief executive of another department under the arrangement mentioned in subsection (3) the fact that an eligible person has become, or will not become, a participant under the National Disability Insurance Scheme Act 2013 (Cwlth) .\n(sec.233-ssec.7) In this section— auditing information , about a person who may be an eligible person, means each of the following— the person’s full name; the person’s unique agency client identifier, if any; the person’s date of birth; the person’s gender; the person’s residential address; the name and full contact details of the person’s carer or guardian and details of any relationship between the person and the person’s carer or guardian. eligible person means a person receiving services funded or delivered by a department who may meet the access criteria under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 21 .\n- (a) the person’s full name;\n- (b) the person’s unique agency client identifier, if any;\n- (c) the person’s date of birth;\n- (d) the person’s gender;\n- (e) the person’s residential address;\n- (f) the name and full contact details of the person’s carer or guardian and details of any relationship between the person and the person’s carer or guardian.","sortOrder":380},{"sectionNumber":"sec.234","sectionType":"section","heading":"Delegation by Minister","content":"### sec.234 Delegation by Minister\n\nThe Minister may delegate the Minister’s powers under this Act to an appropriately qualified person who is a public service employee.\nHowever, the Minister must not delegate the review of the Act under section 240 .\ns 234 amd 2014 No. 12 s 66\n(sec.234-ssec.1) The Minister may delegate the Minister’s powers under this Act to an appropriately qualified person who is a public service employee.\n(sec.234-ssec.2) However, the Minister must not delegate the review of the Act under section 240 .","sortOrder":381},{"sectionNumber":"sec.235","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.235 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified person who is a public service employee.\ns 235 amd 2014 No. 12 s 67","sortOrder":382},{"sectionNumber":"sec.236","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.236 Protecting officials from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means—\nthe Minister; or\nthe chief executive; or\na public service employee; or\na member of a Ministerial advisory committee; or\na person acting under the direction of an official.\ns 236 amd 2014 No. 12 s 68\n(sec.236-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.236-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.236-ssec.3) In this section— official means— the Minister; or the chief executive; or a public service employee; or a member of a Ministerial advisory committee; or a person acting under the direction of an official.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) a public service employee; or\n- (d) a member of a Ministerial advisory committee; or\n- (e) a person acting under the direction of an official.","sortOrder":383},{"sectionNumber":"sec.237","sectionType":"section","heading":"Approval of forms","content":"### sec.237 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":384},{"sectionNumber":"sec.238","sectionType":"section","heading":"Service of documents","content":"### sec.238 Service of documents\n\nIf a document is required or permitted under this Act to be given to a person, the document may be given to the person by fax transmission directed and sent to—\nthe last fax number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\nthe fax transmission number operated—\nat the address of the person last known to the giver of the document; or\nif the person is a corporation, at the corporation’s registered office under the Corporations Act .\nA document given under subsection (1) is taken to have been given on the day the document is transmitted.\n(sec.238-ssec.1) If a document is required or permitted under this Act to be given to a person, the document may be given to the person by fax transmission directed and sent to— the last fax number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or the fax transmission number operated— at the address of the person last known to the giver of the document; or if the person is a corporation, at the corporation’s registered office under the Corporations Act .\n(sec.238-ssec.2) A document given under subsection (1) is taken to have been given on the day the document is transmitted.\n- (a) the last fax number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\n- (b) the fax transmission number operated— (i) at the address of the person last known to the giver of the document; or (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act .\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act .\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act .","sortOrder":385},{"sectionNumber":"sec.239","sectionType":"section","heading":"Regulation-making power","content":"### sec.239 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nprovide for procedures, processes and systems in relation to receiving, withdrawing, dealing with and deciding combined applications; and\nprescribe fees payable under this Act, the matters for which fees are payable and provide for the refund or waiver of the fees; and\nimpose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation.\ns 239 amd 2019 No. 19 s 42 ; 2020 No. 39 s 23 ; 2024 No. 50 s 26\n(sec.239-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.239-ssec.2) A regulation may— provide for procedures, processes and systems in relation to receiving, withdrawing, dealing with and deciding combined applications; and prescribe fees payable under this Act, the matters for which fees are payable and provide for the refund or waiver of the fees; and impose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation.\n- (a) provide for procedures, processes and systems in relation to receiving, withdrawing, dealing with and deciding combined applications; and\n- (b) prescribe fees payable under this Act, the matters for which fees are payable and provide for the refund or waiver of the fees; and\n- (c) impose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation.","sortOrder":386},{"sectionNumber":"sec.240","sectionType":"section","heading":"Review of Act","content":"### sec.240 Review of Act\n\nThe Minister must review the efficacy and efficiency of this Act as soon as practicable after the end of 5 years after the commencement of this section.","sortOrder":387},{"sectionNumber":"sec.241","sectionType":"section","heading":"Review of Guardianship and Administration Act 2000, ch 5B","content":"### sec.241 Review of Guardianship and Administration Act 2000, ch 5B\n\nWhen the Minister conducts the review required under section 240 , the Minister and the Minister responsible for administering the Guardianship and Administration Act 2000 , acting jointly, must review the efficacy and efficiency of chapter 5B of that Act.\ns 241 ins 2008 No. 23 s 10","sortOrder":388},{"sectionNumber":"sec.241A","sectionType":"section","heading":"Review of impact of NDIS on Act","content":"### sec.241A Review of impact of NDIS on Act\n\nThe Minister must review the efficacy and efficiency of this Act in the light of amendments of the Act made by the Disability Services and Other Legislation Amendment Act 2016 .\nThe review must be completed by 30 June 2019.\ns 241A ins 2016 No. 9 s 51\n(sec.241A-ssec.1) The Minister must review the efficacy and efficiency of this Act in the light of amendments of the Act made by the Disability Services and Other Legislation Amendment Act 2016 .\n(sec.241A-ssec.2) The review must be completed by 30 June 2019.","sortOrder":389},{"sectionNumber":"sec.241AA","sectionType":"section","heading":"Review of particular matters","content":"### sec.241AA Review of particular matters\n\nThe Minister must review—\nsection 32A ; and\nsection 140 ; and\nthe chief executive’s functions under part 6 , division 3 , subdivisions 2 and 3 ; and\nsection 216 .\nThe review must be completed within 1 year after the commencement.\ns 241AA ins 2019 No. 19 s 43\n(sec.241AA-ssec.1) The Minister must review— section 32A ; and section 140 ; and the chief executive’s functions under part 6 , division 3 , subdivisions 2 and 3 ; and section 216 .\n(sec.241AA-ssec.2) The review must be completed within 1 year after the commencement.\n- (a) section 32A ; and\n- (b) section 140 ; and\n- (c) the chief executive’s functions under part 6 , division 3 , subdivisions 2 and 3 ; and\n- (d) section 216 .","sortOrder":390},{"sectionNumber":"sec.241B","sectionType":"section","heading":null,"content":"### Section sec.241B\n\ns 241B ins 2016 No. 9 s 51\nom 2019 No. 19 s 44","sortOrder":391},{"sectionNumber":"pt.9","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":392},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":393},{"sectionNumber":"sec.242","sectionType":"section","heading":"Repeal of Disability Services Act 1992","content":"### sec.242 Repeal of Disability Services Act 1992\n\nThe Disability Services Act 1992 No. 24 is repealed.","sortOrder":394},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Transitional provisions for Act No. 12 of 2006","content":"## Transitional provisions for Act No. 12 of 2006","sortOrder":395},{"sectionNumber":"sec.243","sectionType":"section","heading":"Definitions for div 2","content":"### sec.243 Definitions for div 2\n\nIn this division—\ncommencement means the commencement of this part.\nrepealed Act means the Disability Services Act 1992 .","sortOrder":396},{"sectionNumber":"sec.244","sectionType":"section","heading":"Screening of persons engaged by funded non-government service providers at the commencement","content":"### sec.244 Screening of persons engaged by funded non-government service providers at the commencement\n\nThis section applies to a funded non-government service provider who is engaging a person at a service outlet of the service provider at the commencement.\nSection 65 does not apply to the continued engagement of the person until the earliest of the following—\nthe end of the period after the commencement prescribed under a regulation;\nif an application for a prescribed notice about the person is made within that period and is not withdrawn—the day a prescribed notice is issued to the person;\nif an application for a prescribed notice about a person is made within that period and is withdrawn—the day of the withdrawal.\nFor subsection (2)(a), a regulation must—\nname each funded non-government service provider; and\nassign a category to the service provider; and\nstate the period after the commencement, not exceeding 6 months, that applies to the category.\nThe category must relate to the type of disability services provided by the service provider and is for the purposes of this section only.\nA particular category may be assigned to a funded non-government service provider even though the service provider also falls within another category.\n(sec.244-ssec.1) This section applies to a funded non-government service provider who is engaging a person at a service outlet of the service provider at the commencement.\n(sec.244-ssec.2) Section 65 does not apply to the continued engagement of the person until the earliest of the following— the end of the period after the commencement prescribed under a regulation; if an application for a prescribed notice about the person is made within that period and is not withdrawn—the day a prescribed notice is issued to the person; if an application for a prescribed notice about a person is made within that period and is withdrawn—the day of the withdrawal.\n(sec.244-ssec.3) For subsection (2)(a), a regulation must— name each funded non-government service provider; and assign a category to the service provider; and state the period after the commencement, not exceeding 6 months, that applies to the category.\n(sec.244-ssec.4) The category must relate to the type of disability services provided by the service provider and is for the purposes of this section only.\n(sec.244-ssec.5) A particular category may be assigned to a funded non-government service provider even though the service provider also falls within another category.\n- (a) the end of the period after the commencement prescribed under a regulation;\n- (b) if an application for a prescribed notice about the person is made within that period and is not withdrawn—the day a prescribed notice is issued to the person;\n- (c) if an application for a prescribed notice about a person is made within that period and is withdrawn—the day of the withdrawal.\n- (a) name each funded non-government service provider; and\n- (b) assign a category to the service provider; and\n- (c) state the period after the commencement, not exceeding 6 months, that applies to the category.","sortOrder":397},{"sectionNumber":"sec.245","sectionType":"section","heading":"Certain non-government service providers taken to be approved under part 6 and to be funded non-government service providers","content":"### sec.245 Certain non-government service providers taken to be approved under part 6 and to be funded non-government service providers\n\nThis section applies to a non-government service provider that, at the commencement, is receiving financial assistance under the repealed Act that is recurrent funding.\nThe service provider is, from the commencement, taken to be—\nan approved non-government service provider for this Act; and\na funded non-government service provider for this Act.\nThe definition approved non-government service provider and part 6 were omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 .\ns 245 amd 2014 No. 12 s 69\n(sec.245-ssec.1) This section applies to a non-government service provider that, at the commencement, is receiving financial assistance under the repealed Act that is recurrent funding.\n(sec.245-ssec.2) The service provider is, from the commencement, taken to be— an approved non-government service provider for this Act; and a funded non-government service provider for this Act. The definition approved non-government service provider and part 6 were omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 .\n- (a) an approved non-government service provider for this Act; and\n- (b) a funded non-government service provider for this Act.","sortOrder":398},{"sectionNumber":"sec.246","sectionType":"section","heading":"When grants of financial assistance under the repealed Act continue","content":"### sec.246 When grants of financial assistance under the repealed Act continue\n\nThis section applies to a non-government service provider that, at the commencement, is receiving financial assistance under the repealed Act that is recurrent funding.\nSubject to subsection (4), the service provider may continue to receive recurrent funding under this Act.\nIf the service provider has, before the commencement, signed an agreement under the repealed Act known as a general service agreement, that agreement is taken to be a funding agreement under this Act.\nThe definition funding agreement was omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 .\nIf the service provider has not signed a general service agreement before the commencement, funding must stop 3 months after the commencement unless—\nthe Minister approves funding under this Act; and\na funding agreement is signed by the service provider.\nNo compensation is payable to a service provider if funding to the service provider stops under subsection (4).\ns 246 amd 2014 No. 12 s 70\n(sec.246-ssec.1) This section applies to a non-government service provider that, at the commencement, is receiving financial assistance under the repealed Act that is recurrent funding.\n(sec.246-ssec.2) Subject to subsection (4), the service provider may continue to receive recurrent funding under this Act.\n(sec.246-ssec.3) If the service provider has, before the commencement, signed an agreement under the repealed Act known as a general service agreement, that agreement is taken to be a funding agreement under this Act. The definition funding agreement was omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 .\n(sec.246-ssec.4) If the service provider has not signed a general service agreement before the commencement, funding must stop 3 months after the commencement unless— the Minister approves funding under this Act; and a funding agreement is signed by the service provider.\n(sec.246-ssec.5) No compensation is payable to a service provider if funding to the service provider stops under subsection (4).\n- (a) the Minister approves funding under this Act; and\n- (b) a funding agreement is signed by the service provider.","sortOrder":399},{"sectionNumber":"sec.247","sectionType":"section","heading":"Queensland disability service standards to continue in force","content":"### sec.247 Queensland disability service standards to continue in force\n\nThe prescribed standards are taken to be service standards made and notified under this Act and take effect for this Act from the commencement.\nThe definition service standards was omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 .\nThe prescribed standards may be amended and repealed under this Act.\nIn this section—\nprescribed standards means the standards called the Queensland disability service standards that were approved by the Minister administering the Disability Services Act 1992 in December, 2003.\ns 247 amd 2014 No. 12 s 71\n(sec.247-ssec.1) The prescribed standards are taken to be service standards made and notified under this Act and take effect for this Act from the commencement. The definition service standards was omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 .\n(sec.247-ssec.2) The prescribed standards may be amended and repealed under this Act.\n(sec.247-ssec.3) In this section— prescribed standards means the standards called the Queensland disability service standards that were approved by the Minister administering the Disability Services Act 1992 in December, 2003.","sortOrder":400},{"sectionNumber":"sec.248","sectionType":"section","heading":"Disability sector quality system to continue in force","content":"### sec.248 Disability sector quality system to continue in force\n\nThe prescribed system is taken to be the disability sector quality system approved under this Act and takes effect for this Act from the commencement.\nThe definition disability sector quality system was omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 .\nThe Minister may approve an amendment of, or the repeal of, the prescribed system under this Act.\nSubsection (4) applies if—\nthe Minister administering the Disability Services Act 1992 has approved an entity as being suitable to accredit another entity for the purpose of the other entity deciding whether a service provider has met the service standards for the prescribed system; and\nthe approval is in force immediately before the commencement.\nThe entity is taken to be an entity approved under section 38.\nThe Minister may revoke the approval of the entity.\nIn this section—\nprescribed system means the process called the disability sector quality system that was approved by the Minister administering the Disability Services Act 1992 in June, 2004.\ns 248 amd 2014 No. 12 s 72\n(sec.248-ssec.1) The prescribed system is taken to be the disability sector quality system approved under this Act and takes effect for this Act from the commencement. The definition disability sector quality system was omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 .\n(sec.248-ssec.2) The Minister may approve an amendment of, or the repeal of, the prescribed system under this Act.\n(sec.248-ssec.3) Subsection (4) applies if— the Minister administering the Disability Services Act 1992 has approved an entity as being suitable to accredit another entity for the purpose of the other entity deciding whether a service provider has met the service standards for the prescribed system; and the approval is in force immediately before the commencement.\n(sec.248-ssec.4) The entity is taken to be an entity approved under section 38.\n(sec.248-ssec.5) The Minister may revoke the approval of the entity.\n(sec.248-ssec.6) In this section— prescribed system means the process called the disability sector quality system that was approved by the Minister administering the Disability Services Act 1992 in June, 2004.\n- (a) the Minister administering the Disability Services Act 1992 has approved an entity as being suitable to accredit another entity for the purpose of the other entity deciding whether a service provider has met the service standards for the prescribed system; and\n- (b) the approval is in force immediately before the commencement.","sortOrder":401},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Transitional provisions for Disability Services and Other Legislation Amendment Act 2008 and Justice and Other Legislation Amendment Act 2010","content":"## Transitional provisions for Disability Services and Other Legislation Amendment Act 2008 and Justice and Other Legislation Amendment Act 2010","sortOrder":402},{"sectionNumber":"sec.249","sectionType":"section","heading":"Interpretation","content":"### sec.249 Interpretation\n\nIn this division—\nauthorised guardian , for an adult with an intellectual or cognitive disability in relation to a restrictive practice, means a guardian for the adult—\nappointed before the commencement under the Guardianship and Administration Act 2000 ; and\nwho is authorised under that Act, in accordance with the terms of the guardian’s appointment, to make decisions about the use of the restrictive practice in relation to the adult.\nSee also the GAA, section 265.\ncommencement means the commencement of this division.\ncompliance period means—\nif the restrictive practice used is containment or seclusion or restricting access—6 months from the day the relevant service provider first uses the restrictive practice in relation to the adult on or after the commencement; or\nif the restrictive practice used is chemical, mechanical or physical restraint—9 months from the day the relevant service provider first uses the restrictive practice in relation to the adult on or after the commencement.\nprevious service provider means—\nthe State, to the extent the State provided disability services for adults with an intellectual or cognitive disability before the commencement; or\na person other than the State who provided disability services funded by the State for adults with an intellectual or cognitive disability before the commencement.\ntransitional period means the period starting on the commencement and ending 33 months after the commencement.\ns 249 def transitional period amd 2010 No. 42 s 28 (retro)\nIf the context permits, terms used in this division that are defined for part 6 have the meanings given for part 6.\ns 249 ins 2008 No. 23 s 12\namd 2009 No. 48 s 214\n(sec.249-ssec.1) In this division— authorised guardian , for an adult with an intellectual or cognitive disability in relation to a restrictive practice, means a guardian for the adult— appointed before the commencement under the Guardianship and Administration Act 2000 ; and who is authorised under that Act, in accordance with the terms of the guardian’s appointment, to make decisions about the use of the restrictive practice in relation to the adult. See also the GAA, section 265. commencement means the commencement of this division. compliance period means— if the restrictive practice used is containment or seclusion or restricting access—6 months from the day the relevant service provider first uses the restrictive practice in relation to the adult on or after the commencement; or if the restrictive practice used is chemical, mechanical or physical restraint—9 months from the day the relevant service provider first uses the restrictive practice in relation to the adult on or after the commencement. previous service provider means— the State, to the extent the State provided disability services for adults with an intellectual or cognitive disability before the commencement; or a person other than the State who provided disability services funded by the State for adults with an intellectual or cognitive disability before the commencement. transitional period means the period starting on the commencement and ending 33 months after the commencement. s 249 def transitional period amd 2010 No. 42 s 28 (retro)\n(sec.249-ssec.2) If the context permits, terms used in this division that are defined for part 6 have the meanings given for part 6.\n- (a) appointed before the commencement under the Guardianship and Administration Act 2000 ; and\n- (b) who is authorised under that Act, in accordance with the terms of the guardian’s appointment, to make decisions about the use of the restrictive practice in relation to the adult. Note— See also the GAA, section 265.\n- (a) if the restrictive practice used is containment or seclusion or restricting access—6 months from the day the relevant service provider first uses the restrictive practice in relation to the adult on or after the commencement; or\n- (b) if the restrictive practice used is chemical, mechanical or physical restraint—9 months from the day the relevant service provider first uses the restrictive practice in relation to the adult on or after the commencement.\n- (a) the State, to the extent the State provided disability services for adults with an intellectual or cognitive disability before the commencement; or\n- (b) a person other than the State who provided disability services funded by the State for adults with an intellectual or cognitive disability before the commencement.","sortOrder":403},{"sectionNumber":"sec.250","sectionType":"section","heading":"Declaration about transitional period","content":"### sec.250 Declaration about transitional period\n\nTo remove doubt, it is declared that for all purposes, including for anything done in relation to the transitional period, the transitional period includes, and is taken to have always included, the period from after 30 September 2010 until the commencement of this section.\ns 250 ins 2010 No. 42 s 29","sortOrder":404},{"sectionNumber":"sec.251","sectionType":"section","heading":"Immunity of previous service provider","content":"### sec.251 Immunity of previous service provider\n\nA previous service provider is not criminally or civilly liable for using a restrictive practice before the commencement in relation to an adult with an intellectual or cognitive disability if—\nthe previous service provider acted honestly and without negligence; and\nusing the restrictive practice was—\nnecessary to prevent the adult’s behaviour causing harm to the adult or others; and\nthe least restrictive way of ensuring the safety of the adult or others; and\nwithin a reasonable time before using the restrictive practice, the previous service provider assessed the adult to identify—\nthe nature and causes of the adult’s behaviour that caused harm to the adult or others; and\nstrategies for managing the adult’s behaviour that caused harm to the adult or others, and for meeting the adult’s needs; and\nthe previous service provider carried out monitoring in relation to use of the restrictive practice to ensure the safety of the adult.\ns 251 ins 2008 No. 23 s 12\n- (a) the previous service provider acted honestly and without negligence; and\n- (b) using the restrictive practice was— (i) necessary to prevent the adult’s behaviour causing harm to the adult or others; and (ii) the least restrictive way of ensuring the safety of the adult or others; and\n- (i) necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) the least restrictive way of ensuring the safety of the adult or others; and\n- (c) within a reasonable time before using the restrictive practice, the previous service provider assessed the adult to identify— (i) the nature and causes of the adult’s behaviour that caused harm to the adult or others; and (ii) strategies for managing the adult’s behaviour that caused harm to the adult or others, and for meeting the adult’s needs; and\n- (i) the nature and causes of the adult’s behaviour that caused harm to the adult or others; and\n- (ii) strategies for managing the adult’s behaviour that caused harm to the adult or others, and for meeting the adult’s needs; and\n- (d) the previous service provider carried out monitoring in relation to use of the restrictive practice to ensure the safety of the adult.\n- (i) necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) the least restrictive way of ensuring the safety of the adult or others; and\n- (i) the nature and causes of the adult’s behaviour that caused harm to the adult or others; and\n- (ii) strategies for managing the adult’s behaviour that caused harm to the adult or others, and for meeting the adult’s needs; and","sortOrder":405},{"sectionNumber":"sec.252","sectionType":"section","heading":"Immunity of individual acting for previous service provider","content":"### sec.252 Immunity of individual acting for previous service provider\n\nThis section applies to an individual who, acting for a previous service provider before the commencement, used a restrictive practice in relation to an adult with an intellectual or cognitive disability.\nThe individual is not criminally or civilly liable for using the restrictive practice if—\nthe individual acted honestly and without negligence; and\nuse of the restrictive practice was necessary, or the individual reasonably believed use of the restrictive practice was necessary, to prevent the adult’s behaviour causing harm to the adult or others.\ns 252 ins 2008 No. 23 s 12\n(sec.252-ssec.1) This section applies to an individual who, acting for a previous service provider before the commencement, used a restrictive practice in relation to an adult with an intellectual or cognitive disability.\n(sec.252-ssec.2) The individual is not criminally or civilly liable for using the restrictive practice if— the individual acted honestly and without negligence; and use of the restrictive practice was necessary, or the individual reasonably believed use of the restrictive practice was necessary, to prevent the adult’s behaviour causing harm to the adult or others.\n- (a) the individual acted honestly and without negligence; and\n- (b) use of the restrictive practice was necessary, or the individual reasonably believed use of the restrictive practice was necessary, to prevent the adult’s behaviour causing harm to the adult or others.","sortOrder":406},{"sectionNumber":"sec.253","sectionType":"section","heading":"Immunity of relevant service provider","content":"### sec.253 Immunity of relevant service provider\n\nA relevant service provider is not criminally or civilly liable for using a restrictive practice during the transitional period in relation to an adult with an intellectual or cognitive disability if—\nthe relevant service provider acts honestly and without negligence; and\nuse of the restrictive practice is—\nnecessary to prevent the adult’s behaviour causing harm to the adult or others; and\nthe least restrictive way of ensuring the safety of the adult or others; and\neither—\nif there is an authorised guardian for the adult in relation to the restrictive practice—the restrictive practice is used in compliance with the consent of the authorised guardian; or\notherwise—the relevant service provider complies with section 254; and\nthe relevant service provider carries out monitoring in relation to use of the restrictive practice to ensure the safety of the adult; and\nfor containment or seclusion—within 60 days after first containing or secluding the adult on or after the commencement, the relevant service provider gives notice to the chief executive in the approved form of the containment or seclusion of the adult; and\nfrom the first day after the end of the compliance period until the last day of the transitional period—the relevant service provider keeps and implements a policy about use of the restrictive practice during the transitional period that is consistent with the department’s policy about use of the restrictive practice mentioned in section 258.\nSubsection (1)(b) to (d) does not apply if the restrictive practice is chemical restraint (fixed dose) used in the course of providing respite services to the adult.\nThis section is subject to section 257.\ns 253 ins 2008 No. 23 s 12\n(sec.253-ssec.1) A relevant service provider is not criminally or civilly liable for using a restrictive practice during the transitional period in relation to an adult with an intellectual or cognitive disability if— the relevant service provider acts honestly and without negligence; and use of the restrictive practice is— necessary to prevent the adult’s behaviour causing harm to the adult or others; and the least restrictive way of ensuring the safety of the adult or others; and either— if there is an authorised guardian for the adult in relation to the restrictive practice—the restrictive practice is used in compliance with the consent of the authorised guardian; or otherwise—the relevant service provider complies with section 254; and the relevant service provider carries out monitoring in relation to use of the restrictive practice to ensure the safety of the adult; and for containment or seclusion—within 60 days after first containing or secluding the adult on or after the commencement, the relevant service provider gives notice to the chief executive in the approved form of the containment or seclusion of the adult; and from the first day after the end of the compliance period until the last day of the transitional period—the relevant service provider keeps and implements a policy about use of the restrictive practice during the transitional period that is consistent with the department’s policy about use of the restrictive practice mentioned in section 258.\n(sec.253-ssec.2) Subsection (1)(b) to (d) does not apply if the restrictive practice is chemical restraint (fixed dose) used in the course of providing respite services to the adult.\n(sec.253-ssec.3) This section is subject to section 257.\n- (a) the relevant service provider acts honestly and without negligence; and\n- (b) use of the restrictive practice is— (i) necessary to prevent the adult’s behaviour causing harm to the adult or others; and (ii) the least restrictive way of ensuring the safety of the adult or others; and\n- (i) necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) the least restrictive way of ensuring the safety of the adult or others; and\n- (c) either— (i) if there is an authorised guardian for the adult in relation to the restrictive practice—the restrictive practice is used in compliance with the consent of the authorised guardian; or (ii) otherwise—the relevant service provider complies with section 254; and\n- (i) if there is an authorised guardian for the adult in relation to the restrictive practice—the restrictive practice is used in compliance with the consent of the authorised guardian; or\n- (ii) otherwise—the relevant service provider complies with section 254; and\n- (d) the relevant service provider carries out monitoring in relation to use of the restrictive practice to ensure the safety of the adult; and\n- (e) for containment or seclusion—within 60 days after first containing or secluding the adult on or after the commencement, the relevant service provider gives notice to the chief executive in the approved form of the containment or seclusion of the adult; and\n- (f) from the first day after the end of the compliance period until the last day of the transitional period—the relevant service provider keeps and implements a policy about use of the restrictive practice during the transitional period that is consistent with the department’s policy about use of the restrictive practice mentioned in section 258.\n- (i) necessary to prevent the adult’s behaviour causing harm to the adult or others; and\n- (ii) the least restrictive way of ensuring the safety of the adult or others; and\n- (i) if there is an authorised guardian for the adult in relation to the restrictive practice—the restrictive practice is used in compliance with the consent of the authorised guardian; or\n- (ii) otherwise—the relevant service provider complies with section 254; and","sortOrder":407},{"sectionNumber":"sec.254","sectionType":"section","heading":"Requirement to assess adult if no authorised guardian","content":"### sec.254 Requirement to assess adult if no authorised guardian\n\nFor section 253(1)(c)(ii), the requirements are that the relevant service provider must, during the compliance period, assess the adult to identify—\nthe nature and causes of the adult’s behaviour that causes harm to the adult or others; and\nstrategies for managing the adult’s behaviour that causes harm to the adult or others, and for meeting the adult’s needs.\ns 254 ins 2008 No. 23 s 12\n- (a) the nature and causes of the adult’s behaviour that causes harm to the adult or others; and\n- (b) strategies for managing the adult’s behaviour that causes harm to the adult or others, and for meeting the adult’s needs.","sortOrder":408},{"sectionNumber":"sec.255","sectionType":"section","heading":"Immunity for individual acting for relevant service provider","content":"### sec.255 Immunity for individual acting for relevant service provider\n\nThis section applies to an individual who, acting for a relevant service provider during the transitional period, uses a restrictive practice in relation to an adult with an intellectual or cognitive disability.\nThe individual is not criminally or civilly liable for using the restrictive practice if—\nthe individual acts honestly and without negligence; and\nuse of the restrictive practice is necessary, or the individual reasonably believes use of the restrictive practice is necessary, to prevent the adult’s behaviour causing harm to the adult or others.\nSubsection (2)(b) does not apply if the restrictive practice is chemical restraint (fixed dose) used in the course of providing respite services to the adult.\nThis section is subject to section 257.\ns 255 ins 2008 No. 23 s 12\n(sec.255-ssec.1) This section applies to an individual who, acting for a relevant service provider during the transitional period, uses a restrictive practice in relation to an adult with an intellectual or cognitive disability.\n(sec.255-ssec.2) The individual is not criminally or civilly liable for using the restrictive practice if— the individual acts honestly and without negligence; and use of the restrictive practice is necessary, or the individual reasonably believes use of the restrictive practice is necessary, to prevent the adult’s behaviour causing harm to the adult or others.\n(sec.255-ssec.3) Subsection (2)(b) does not apply if the restrictive practice is chemical restraint (fixed dose) used in the course of providing respite services to the adult.\n(sec.255-ssec.4) This section is subject to section 257.\n- (a) the individual acts honestly and without negligence; and\n- (b) use of the restrictive practice is necessary, or the individual reasonably believes use of the restrictive practice is necessary, to prevent the adult’s behaviour causing harm to the adult or others.","sortOrder":409},{"sectionNumber":"sec.256","sectionType":"section","heading":"Relationship of subdivision with pt 6","content":"### sec.256 Relationship of subdivision with pt 6\n\nThis subdivision does not limit part 6.\ns 256 ins 2008 No. 23 s 12","sortOrder":410},{"sectionNumber":"sec.257","sectionType":"section","heading":"Circumstances in which subdivision stops applying","content":"### sec.257 Circumstances in which subdivision stops applying\n\nThis section provides for the circumstances in which this subdivision stops applying to the use of a restrictive practice by a relevant service provider in relation to an adult with an intellectual or cognitive disability.\nIf the restrictive practice is not used in the course of providing respite services or community access services to the adult, the circumstances are—\nfor a restrictive practice considered by the tribunal—the tribunal gives, or refuses to give, an approval under the Guardianship and Administration Act 2000 , section 80V or 80X authorising the relevant service provider to use the restrictive practice in relation to the adult; or\nfor chemical, mechanical or physical restraint—a guardian for a restrictive practice (general) matter for the adult gives, or refuses to give, consent to use of the restrictive practice by the relevant service provider; or\nfor restricting access—a guardian for a restrictive practice (general) matter, or an informal decision-maker, for the adult gives, or refuses to give, consent to use of the restrictive practice by the relevant service provider.\nIf the restrictive practice is used in the course of providing respite services or community access services to the adult, the circumstances are a guardian for a restrictive practice (respite) matter, or an informal decision-maker, for the adult gives, or refuses to give, consent to use of the restrictive practice by the relevant service provider.\ns 257 ins 2008 No. 23 s 12\namd 2009 No. 24 s 72 ; 2010 No. 5 s 152\n(sec.257-ssec.1) This section provides for the circumstances in which this subdivision stops applying to the use of a restrictive practice by a relevant service provider in relation to an adult with an intellectual or cognitive disability.\n(sec.257-ssec.2) If the restrictive practice is not used in the course of providing respite services or community access services to the adult, the circumstances are— for a restrictive practice considered by the tribunal—the tribunal gives, or refuses to give, an approval under the Guardianship and Administration Act 2000 , section 80V or 80X authorising the relevant service provider to use the restrictive practice in relation to the adult; or for chemical, mechanical or physical restraint—a guardian for a restrictive practice (general) matter for the adult gives, or refuses to give, consent to use of the restrictive practice by the relevant service provider; or for restricting access—a guardian for a restrictive practice (general) matter, or an informal decision-maker, for the adult gives, or refuses to give, consent to use of the restrictive practice by the relevant service provider.\n(sec.257-ssec.3) If the restrictive practice is used in the course of providing respite services or community access services to the adult, the circumstances are a guardian for a restrictive practice (respite) matter, or an informal decision-maker, for the adult gives, or refuses to give, consent to use of the restrictive practice by the relevant service provider.\n- (a) for a restrictive practice considered by the tribunal—the tribunal gives, or refuses to give, an approval under the Guardianship and Administration Act 2000 , section 80V or 80X authorising the relevant service provider to use the restrictive practice in relation to the adult; or\n- (b) for chemical, mechanical or physical restraint—a guardian for a restrictive practice (general) matter for the adult gives, or refuses to give, consent to use of the restrictive practice by the relevant service provider; or\n- (c) for restricting access—a guardian for a restrictive practice (general) matter, or an informal decision-maker, for the adult gives, or refuses to give, consent to use of the restrictive practice by the relevant service provider.","sortOrder":411},{"sectionNumber":"sec.258","sectionType":"section","heading":"Requirements for department’s policy about use of restrictive practices during transitional period","content":"### sec.258 Requirements for department’s policy about use of restrictive practices during transitional period\n\nThe department must have a policy about use of each type of restrictive practice during the transitional period.\nThe policy must outline the procedures a relevant service provider must use to—\nif the relevant service provider is required to comply with section 254—assess an adult with an intellectual or cognitive disability; and\nensure an individual acting for the relevant service provider who uses the restrictive practice in relation to the adult—\nhas sufficient knowledge of the requirements for lawful use of the restrictive practice; and\nhas the skills and knowledge required to use the restrictive practice appropriately; and\nmonitor use of the restrictive practice to safeguard against abuse, neglect or exploitation; and\nreview use of the restrictive practice at least once every 9 months; and\nif the policy is about restricting access—minimise the impact on other persons living at the premises.\nSubsection (2) does not limit the matters that may be stated in the policy.\nThe policy must ensure appropriate regard is had to linguistic and cultural diversity and Aboriginal tradition and Island custom.\nFor definitions Aboriginal tradition and Island custom , see the Acts Interpretation Act 1954 , schedule 1 .\nThe chief executive must keep a copy of the policy available for inspection free of charge by relevant service providers at—\nthe department’s head office and regional offices; and\nother places the chief executive considers appropriate.\nAlso, the chief executive must publish the policy on the department’s website on the internet.\nThis section stops applying on the day after the transitional period ends.\ns 258 ins 2008 No. 23 s 12\namd 2023 No. 23 s 247 sch 1 s 5\n(sec.258-ssec.1) The department must have a policy about use of each type of restrictive practice during the transitional period.\n(sec.258-ssec.2) The policy must outline the procedures a relevant service provider must use to— if the relevant service provider is required to comply with section 254—assess an adult with an intellectual or cognitive disability; and ensure an individual acting for the relevant service provider who uses the restrictive practice in relation to the adult— has sufficient knowledge of the requirements for lawful use of the restrictive practice; and has the skills and knowledge required to use the restrictive practice appropriately; and monitor use of the restrictive practice to safeguard against abuse, neglect or exploitation; and review use of the restrictive practice at least once every 9 months; and if the policy is about restricting access—minimise the impact on other persons living at the premises.\n(sec.258-ssec.3) Subsection (2) does not limit the matters that may be stated in the policy.\n(sec.258-ssec.4) The policy must ensure appropriate regard is had to linguistic and cultural diversity and Aboriginal tradition and Island custom. For definitions Aboriginal tradition and Island custom , see the Acts Interpretation Act 1954 , schedule 1 .\n(sec.258-ssec.5) The chief executive must keep a copy of the policy available for inspection free of charge by relevant service providers at— the department’s head office and regional offices; and other places the chief executive considers appropriate.\n(sec.258-ssec.6) Also, the chief executive must publish the policy on the department’s website on the internet.\n(sec.258-ssec.7) This section stops applying on the day after the transitional period ends.\n- (a) if the relevant service provider is required to comply with section 254—assess an adult with an intellectual or cognitive disability; and\n- (b) ensure an individual acting for the relevant service provider who uses the restrictive practice in relation to the adult— (i) has sufficient knowledge of the requirements for lawful use of the restrictive practice; and (ii) has the skills and knowledge required to use the restrictive practice appropriately; and\n- (i) has sufficient knowledge of the requirements for lawful use of the restrictive practice; and\n- (ii) has the skills and knowledge required to use the restrictive practice appropriately; and\n- (c) monitor use of the restrictive practice to safeguard against abuse, neglect or exploitation; and\n- (d) review use of the restrictive practice at least once every 9 months; and\n- (e) if the policy is about restricting access—minimise the impact on other persons living at the premises.\n- (i) has sufficient knowledge of the requirements for lawful use of the restrictive practice; and\n- (ii) has the skills and knowledge required to use the restrictive practice appropriately; and\n- (a) the department’s head office and regional offices; and\n- (b) other places the chief executive considers appropriate.","sortOrder":412},{"sectionNumber":"sec.259","sectionType":"section","heading":"Short term approvals not to be given during transitional period","content":"### sec.259 Short term approvals not to be given during transitional period\n\nSections 153 and 170 and part 6, division 4, subdivision 4 do not apply during the transitional period.\nIn this section—\ntransitional period means the period starting on the commencement and ending on the date of assent of the Criminal History Screening Legislation Amendment Act 2010 .\ns 259 ins 2008 No. 23 s 12\namd 2010 No. 5 s 153\n(sec.259-ssec.1) Sections 153 and 170 and part 6, division 4, subdivision 4 do not apply during the transitional period.\n(sec.259-ssec.2) In this section— transitional period means the period starting on the commencement and ending on the date of assent of the Criminal History Screening Legislation Amendment Act 2010 .","sortOrder":413},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Transitional provision for Criminal Code and Other Acts Amendment Act 2008","content":"## Transitional provision for Criminal Code and Other Acts Amendment Act 2008","sortOrder":414},{"sectionNumber":"sec.260","sectionType":"section","heading":"References in schs 2 and 4 to Criminal Code offence","content":"### sec.260 References in schs 2 and 4 to Criminal Code offence\n\nSchedules 2 and 4 apply as if a reference to the Criminal Code , section 208 included a reference to the Criminal Code , section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .\ns 260 (prev s 241) ins 2008 No. 55 s 150 sch\nrenum 2010 No. 5 s 155","sortOrder":415},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Transitional provisions for Criminal History Screening Legislation Amendment Act 2010","content":"## Transitional provisions for Criminal History Screening Legislation Amendment Act 2010","sortOrder":416},{"sectionNumber":"sec.261","sectionType":"section","heading":"Definition for div 5","content":"### sec.261 Definition for div 5\n\nIn this division—\namending Act means the Criminal History Screening Legislation Amendment Act 2010 .\ns 261 ins 2010 No. 5 s 156","sortOrder":417},{"sectionNumber":"sec.262","sectionType":"section","heading":"Definitions for sdiv 2","content":"### sec.262 Definitions for sdiv 2\n\nIn this subdivision—\ncommencement means the commencement of this section.\nengaged by the department means engaged by the department as defined under section 63 of the unamended Act.\nprescribed police information means a report or other information mentioned in section 70(2) of the unamended Act.\nunamended Act means this Act as in force from time to time before the commencement.\ns 262 ins 2010 No. 5 s 156","sortOrder":418},{"sectionNumber":"sec.263","sectionType":"section","heading":"Notice about change in criminal history not given at the commencement","content":"### sec.263 Notice about change in criminal history not given at the commencement\n\nThis section applies if—\nbefore the commencement, there is a change in the criminal history of a person engaged by the department; and\nat the commencement, the person has not disclosed the details of the change to the chief executive as required by section 67 of the unamended Act; and\nthe person is engaged by the department at a service outlet of the department.\nSection 76 applies in relation to the change in the person’s criminal history.\nSee also the Public Service Act 2008 , sections 155B and 257 .\ns 263 ins 2010 No. 5 s 156\n(sec.263-ssec.1) This section applies if— before the commencement, there is a change in the criminal history of a person engaged by the department; and at the commencement, the person has not disclosed the details of the change to the chief executive as required by section 67 of the unamended Act; and the person is engaged by the department at a service outlet of the department.\n(sec.263-ssec.2) Section 76 applies in relation to the change in the person’s criminal history. See also the Public Service Act 2008 , sections 155B and 257 .\n- (a) before the commencement, there is a change in the criminal history of a person engaged by the department; and\n- (b) at the commencement, the person has not disclosed the details of the change to the chief executive as required by section 67 of the unamended Act; and\n- (c) the person is engaged by the department at a service outlet of the department.","sortOrder":419},{"sectionNumber":"sec.264","sectionType":"section","heading":"Request for prescribed police information not complied with at the commencement","content":"### sec.264 Request for prescribed police information not complied with at the commencement\n\nThis section applies if—\nthe chief executive has, under section 70 of the unamended Act, asked the police commissioner for prescribed police information about a person; and\nat the commencement, the police commissioner has not given the prescribed police information to the chief executive.\nDespite section 70(3) of the unamended Act, the police commissioner is no longer required to comply with the chief executive’s request.\ns 264 ins 2010 No. 5 s 156\n(sec.264-ssec.1) This section applies if— the chief executive has, under section 70 of the unamended Act, asked the police commissioner for prescribed police information about a person; and at the commencement, the police commissioner has not given the prescribed police information to the chief executive.\n(sec.264-ssec.2) Despite section 70(3) of the unamended Act, the police commissioner is no longer required to comply with the chief executive’s request.\n- (a) the chief executive has, under section 70 of the unamended Act, asked the police commissioner for prescribed police information about a person; and\n- (b) at the commencement, the police commissioner has not given the prescribed police information to the chief executive.","sortOrder":420},{"sectionNumber":"sec.265","sectionType":"section","heading":"Particular prescribed police information obtained but not used before commencement","content":"### sec.265 Particular prescribed police information obtained but not used before commencement\n\nThis section applies if—\nbefore the commencement, the police commissioner gave the chief executive a person’s prescribed police information under section 70 of the unamended Act; and\nat the commencement, the chief executive has not, in relation to the prescribed police information, made an assessment about the person’s suitability for engagement, or continued engagement, by the department under section 72 of the unamended Act.\nThe chief executive must immediately—\ndestroy the prescribed police information; and\nstop making the assessment.\nNow see the following in relation to the engagement, or continued engagement, of the person by the department—\nif the person is engaged or to be engaged at a service outlet of the department—part 5;\nif the person is engaged or to be engaged in regulated employment—the Working with Children Act , chapter 8 and the Public Service Act 2008 , chapter 5 , part 6 , division 3A ;\nin any other case—the Public Service Act 2008 , chapter 5 , part 6 .\ns 265 ins 2010 No. 5 s 156\namd 2010 No. 33 s 120 ; 2014 No. 28 s 105 sch 1\n(sec.265-ssec.1) This section applies if— before the commencement, the police commissioner gave the chief executive a person’s prescribed police information under section 70 of the unamended Act; and at the commencement, the chief executive has not, in relation to the prescribed police information, made an assessment about the person’s suitability for engagement, or continued engagement, by the department under section 72 of the unamended Act.\n(sec.265-ssec.2) The chief executive must immediately— destroy the prescribed police information; and stop making the assessment. Now see the following in relation to the engagement, or continued engagement, of the person by the department— if the person is engaged or to be engaged at a service outlet of the department—part 5; if the person is engaged or to be engaged in regulated employment—the Working with Children Act , chapter 8 and the Public Service Act 2008 , chapter 5 , part 6 , division 3A ; in any other case—the Public Service Act 2008 , chapter 5 , part 6 .\n- (a) before the commencement, the police commissioner gave the chief executive a person’s prescribed police information under section 70 of the unamended Act; and\n- (b) at the commencement, the chief executive has not, in relation to the prescribed police information, made an assessment about the person’s suitability for engagement, or continued engagement, by the department under section 72 of the unamended Act.\n- (a) destroy the prescribed police information; and\n- (b) stop making the assessment.\n- (a) if the person is engaged or to be engaged at a service outlet of the department—part 5;\n- (b) if the person is engaged or to be engaged in regulated employment—the Working with Children Act , chapter 8 and the Public Service Act 2008 , chapter 5 , part 6 , division 3A ;\n- (c) in any other case—the Public Service Act 2008 , chapter 5 , part 6 .","sortOrder":421},{"sectionNumber":"sec.266","sectionType":"section","heading":"Notice not given by prosecuting authority at the commencement","content":"### sec.266 Notice not given by prosecuting authority at the commencement\n\nThis section applies if—\nbefore the commencement, a person engaged by the department is charged with an indictable offence; and\nat the commencement, the police commissioner or director of public prosecutions (a prosecuting authority ) has not given information about the charge to the chief executive as required by section 71 of the unamended Act.\nDespite section 71 of the unamended Act, the prosecuting authority is no longer required to give the information to the chief executive.\ns 266 ins 2010 No. 5 s 156\n(sec.266-ssec.1) This section applies if— before the commencement, a person engaged by the department is charged with an indictable offence; and at the commencement, the police commissioner or director of public prosecutions (a prosecuting authority ) has not given information about the charge to the chief executive as required by section 71 of the unamended Act.\n(sec.266-ssec.2) Despite section 71 of the unamended Act, the prosecuting authority is no longer required to give the information to the chief executive.\n- (a) before the commencement, a person engaged by the department is charged with an indictable offence; and\n- (b) at the commencement, the police commissioner or director of public prosecutions (a prosecuting authority ) has not given information about the charge to the chief executive as required by section 71 of the unamended Act.","sortOrder":422},{"sectionNumber":"sec.267","sectionType":"section","heading":"Use of particular information obtained before commencement","content":"### sec.267 Use of particular information obtained before commencement\n\nSection 72(2) of the unamended Act continues to apply in relation to information about a person received by the chief executive under part 9 of the unamended Act as if the amending Act had not been enacted.\ns 267 ins 2010 No. 5 s 156","sortOrder":423},{"sectionNumber":"sec.268","sectionType":"section","heading":"Explanation of sdiv 3","content":"### sec.268 Explanation of sdiv 3\n\nThe amendments of provisions of part 5 of this Act by the amending Act are to commence in 2 stages.\nThis subdivision provides for particular transitional arrangements for amendments of provisions of part 5 that are to commence in the first of the 2 stages.\ns 268 ins 2010 No. 5 s 156\n(sec.268-ssec.1) The amendments of provisions of part 5 of this Act by the amending Act are to commence in 2 stages.\n(sec.268-ssec.2) This subdivision provides for particular transitional arrangements for amendments of provisions of part 5 that are to commence in the first of the 2 stages.","sortOrder":424},{"sectionNumber":"sec.269","sectionType":"section","heading":"Definitions for sdiv 3","content":"### sec.269 Definitions for sdiv 3\n\nIn this subdivision—\ncommencement means the commencement of this section.\nstage 2 commencement date means the day subdivision 4 commences.\nunamended Act means this Act as in force from time to time before the commencement.\ns 269 ins 2010 No. 5 s 156","sortOrder":425},{"sectionNumber":"sec.270","sectionType":"section","heading":"New serious offences","content":"### sec.270 New serious offences\n\nThe amendment of section 47 by the amending Act does not affect a positive notice that is in force at the commencement.\nWithout limiting subsection (1), the chief executive may not cancel a person’s positive notice on the basis the person would not have been issued a positive notice under this Act because the person was charged with or convicted of a new serious offence before the commencement.\nHowever, subsections (1) and (2) do not prevent the chief executive having regard to a charge or conviction of a person for a new serious offence happening before the commencement in making a decision about the person if—\nthe decision is being made under this Act after the commencement—\nbecause there has been a change in the person’s criminal history; or\nbecause the chief executive has become aware of the charge or conviction (but was not aware of it at the time the positive notice was issued); or\nthe decision relates to a prescribed notice application about the person—\nto which section 271 applies; or\nmade after the commencement.\nIn this section—\nnew serious offence means an offence that—\nis a serious offence under this Act; but\nwas not a serious offence under section 47 as in force immediately before the commencement.\ns 270 ins 2010 No. 5 s 156\n(sec.270-ssec.1) The amendment of section 47 by the amending Act does not affect a positive notice that is in force at the commencement.\n(sec.270-ssec.2) Without limiting subsection (1), the chief executive may not cancel a person’s positive notice on the basis the person would not have been issued a positive notice under this Act because the person was charged with or convicted of a new serious offence before the commencement.\n(sec.270-ssec.3) However, subsections (1) and (2) do not prevent the chief executive having regard to a charge or conviction of a person for a new serious offence happening before the commencement in making a decision about the person if— the decision is being made under this Act after the commencement— because there has been a change in the person’s criminal history; or because the chief executive has become aware of the charge or conviction (but was not aware of it at the time the positive notice was issued); or the decision relates to a prescribed notice application about the person— to which section 271 applies; or made after the commencement.\n(sec.270-ssec.4) In this section— new serious offence means an offence that— is a serious offence under this Act; but was not a serious offence under section 47 as in force immediately before the commencement.\n- (a) the decision is being made under this Act after the commencement— (i) because there has been a change in the person’s criminal history; or (ii) because the chief executive has become aware of the charge or conviction (but was not aware of it at the time the positive notice was issued); or\n- (i) because there has been a change in the person’s criminal history; or\n- (ii) because the chief executive has become aware of the charge or conviction (but was not aware of it at the time the positive notice was issued); or\n- (b) the decision relates to a prescribed notice application about the person— (i) to which section 271 applies; or (ii) made after the commencement.\n- (i) to which section 271 applies; or\n- (ii) made after the commencement.\n- (i) because there has been a change in the person’s criminal history; or\n- (ii) because the chief executive has become aware of the charge or conviction (but was not aware of it at the time the positive notice was issued); or\n- (i) to which section 271 applies; or\n- (ii) made after the commencement.\n- (a) is a serious offence under this Act; but\n- (b) was not a serious offence under section 47 as in force immediately before the commencement.","sortOrder":426},{"sectionNumber":"sec.271","sectionType":"section","heading":"Existing applications for prescribed notice","content":"### sec.271 Existing applications for prescribed notice\n\nThis section applies if—\na prescribed notice application has been made about a person; and\nthe application has not been decided or withdrawn at the commencement.\nThis Act applies to the application and, if the application complies with the requirements of the unamended Act, the application is not invalid only because it does not comply with this Act as in force immediately after the commencement.\ns 271 ins 2010 No. 5 s 156\n(sec.271-ssec.1) This section applies if— a prescribed notice application has been made about a person; and the application has not been decided or withdrawn at the commencement.\n(sec.271-ssec.2) This Act applies to the application and, if the application complies with the requirements of the unamended Act, the application is not invalid only because it does not comply with this Act as in force immediately after the commencement.\n- (a) a prescribed notice application has been made about a person; and\n- (b) the application has not been decided or withdrawn at the commencement.","sortOrder":427},{"sectionNumber":"sec.272","sectionType":"section","heading":"Continuation if chief executive acting on own initiative","content":"### sec.272 Continuation if chief executive acting on own initiative\n\nThis section applies if—\nbefore the commencement, the chief executive had started on the chief executive’s own initiative to exercise a power in relation to a person or a prescribed notice; and\nthe chief executive may, immediately after the commencement, exercise the power under this Act.\nThe chief executive may continue to exercise the power under this Act in relation to the person or prescribed notice.\ns 272 ins 2010 No. 5 s 156\n(sec.272-ssec.1) This section applies if— before the commencement, the chief executive had started on the chief executive’s own initiative to exercise a power in relation to a person or a prescribed notice; and the chief executive may, immediately after the commencement, exercise the power under this Act.\n(sec.272-ssec.2) The chief executive may continue to exercise the power under this Act in relation to the person or prescribed notice.\n- (a) before the commencement, the chief executive had started on the chief executive’s own initiative to exercise a power in relation to a person or a prescribed notice; and\n- (b) the chief executive may, immediately after the commencement, exercise the power under this Act.","sortOrder":428},{"sectionNumber":"sec.273","sectionType":"section","heading":"Replacement of positive notice or positive notice card","content":"### sec.273 Replacement of positive notice or positive notice card\n\nThis section applies if—\na person’s current positive notice or current positive notice card is lost or stolen 14 days or less before the commencement; and\nat the commencement, the person has not applied for a replacement notice or card as required under section 106 of the unamended Act.\nSection 106 of the unamended Act does not apply to the person.\nSection 106 as in force after the commencement applies to the person as if the reference to 14 days after the loss or theft were a reference to the later of the following—\n14 days after the loss or theft;\n7 days after the commencement.\ns 273 ins 2010 No. 5 s 156\n(sec.273-ssec.1) This section applies if— a person’s current positive notice or current positive notice card is lost or stolen 14 days or less before the commencement; and at the commencement, the person has not applied for a replacement notice or card as required under section 106 of the unamended Act.\n(sec.273-ssec.2) Section 106 of the unamended Act does not apply to the person.\n(sec.273-ssec.3) Section 106 as in force after the commencement applies to the person as if the reference to 14 days after the loss or theft were a reference to the later of the following— 14 days after the loss or theft; 7 days after the commencement.\n- (a) a person’s current positive notice or current positive notice card is lost or stolen 14 days or less before the commencement; and\n- (b) at the commencement, the person has not applied for a replacement notice or card as required under section 106 of the unamended Act.\n- (a) 14 days after the loss or theft;\n- (b) 7 days after the commencement.","sortOrder":429},{"sectionNumber":"sec.274","sectionType":"section","heading":"Existing reviews and appeals","content":"### sec.274 Existing reviews and appeals\n\nThis section applies if—\nbefore the commencement, a person—\napplied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or\nappealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and\nthe review or appeal has not been decided at the commencement.\nThe entity hearing the review or appeal must apply this Act in relation to the matter the subject of the review or appeal.\nWithout limiting subsection (2), the entity may exercise a power of the chief executive under part 5 for deciding a review of a decision of the chief executive, or an appeal against a decision of the tribunal, as to whether or not there is an exceptional case for a person.\ns 274 ins 2010 No. 5 s 156\n(sec.274-ssec.1) This section applies if— before the commencement, a person— applied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or appealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and the review or appeal has not been decided at the commencement.\n(sec.274-ssec.2) The entity hearing the review or appeal must apply this Act in relation to the matter the subject of the review or appeal.\n(sec.274-ssec.3) Without limiting subsection (2), the entity may exercise a power of the chief executive under part 5 for deciding a review of a decision of the chief executive, or an appeal against a decision of the tribunal, as to whether or not there is an exceptional case for a person.\n- (a) before the commencement, a person— (i) applied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or (ii) appealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and\n- (i) applied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or\n- (ii) appealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and\n- (b) the review or appeal has not been decided at the commencement.\n- (i) applied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or\n- (ii) appealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and","sortOrder":430},{"sectionNumber":"sec.275","sectionType":"section","heading":"Police commissioner’s decision that information is investigative information","content":"### sec.275 Police commissioner’s decision that information is investigative information\n\nThis section applies in relation to an offence ( new investigative information offence ) that—\nis a schedule 6 offence; but\nwas not a serious sexual or violent offence within the meaning of that term under the unamended Act.\nSection 111 applies in relation to a positive notice holder’s acts or omissions constituting a new investigative information offence even if the acts were committed or omissions were made before the commencement of this section.\nIn this section—\nschedule 6 offence see section 111 as in force before the commencement of the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 , section 29.\ns 275 ins 2010 No. 5 s 156\namd 2013 No. 14 s 30\n(sec.275-ssec.1) This section applies in relation to an offence ( new investigative information offence ) that— is a schedule 6 offence; but was not a serious sexual or violent offence within the meaning of that term under the unamended Act.\n(sec.275-ssec.2) Section 111 applies in relation to a positive notice holder’s acts or omissions constituting a new investigative information offence even if the acts were committed or omissions were made before the commencement of this section.\n(sec.275-ssec.3) In this section— schedule 6 offence see section 111 as in force before the commencement of the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 , section 29.\n- (a) is a schedule 6 offence; but\n- (b) was not a serious sexual or violent offence within the meaning of that term under the unamended Act.","sortOrder":431},{"sectionNumber":"sec.276","sectionType":"section","heading":"References to exemption notices etc.","content":"### sec.276 References to exemption notices etc.\n\nThe purpose of this section is to explain references to any of the following in a provision of this Act as in force immediately after the commencement—\nan exemption notice application;\nan exemption notice;\na positive exemption notice or negative exemption notice;\na provision of proposed part 5, division 6.\nProposed part 5, division 6 provides for the making of an exemption notice application and the issue of an exemption notice to a person who holds a CCYPCG positive notice.\nAn exemption notice issued under proposed part 5, division 6 may be a positive exemption notice or negative exemption notice.\nProposed part 5, division 6 is to commence at the stage 2 commencement date, which is after the commencement.\nA reference in part 5 to a thing mentioned in subsection (1)(a) to (d) does not have any effect until the stage 2 commencement date.\nIn this section—\nproposed part 5, division 6 means part 5, division 6 of this Act to be inserted by the amending Act.\ns 276 ins 2010 No. 5 s 156\n(sec.276-ssec.1) The purpose of this section is to explain references to any of the following in a provision of this Act as in force immediately after the commencement— an exemption notice application; an exemption notice; a positive exemption notice or negative exemption notice; a provision of proposed part 5, division 6.\n(sec.276-ssec.2) Proposed part 5, division 6 provides for the making of an exemption notice application and the issue of an exemption notice to a person who holds a CCYPCG positive notice.\n(sec.276-ssec.3) An exemption notice issued under proposed part 5, division 6 may be a positive exemption notice or negative exemption notice.\n(sec.276-ssec.4) Proposed part 5, division 6 is to commence at the stage 2 commencement date, which is after the commencement.\n(sec.276-ssec.5) A reference in part 5 to a thing mentioned in subsection (1)(a) to (d) does not have any effect until the stage 2 commencement date.\n(sec.276-ssec.6) In this section— proposed part 5, division 6 means part 5, division 6 of this Act to be inserted by the amending Act.\n- (a) an exemption notice application;\n- (b) an exemption notice;\n- (c) a positive exemption notice or negative exemption notice;\n- (d) a provision of proposed part 5, division 6.","sortOrder":432},{"sectionNumber":"sec.277","sectionType":"section","heading":"References to eligibility declarations etc.","content":"### sec.277 References to eligibility declarations etc.\n\nThe purpose of this section is to explain references to any of the following in a provision of this Act as in force immediately after the commencement—\nan eligibility application;\nan eligibility declaration;\na provision of proposed part 5, division 10.\nProposed part 5, division 10 provides for the making of an eligibility application and the issue of an eligibility declaration to a person.\nProposed part 5, division 10 is to commence at the stage 2 commencement date, which is after the commencement.\nA reference in part 5 to a thing mentioned in subsection (1)(a) to (c) does not have any effect until the stage 2 commencement date.\nIn this section—\nproposed part 5, division 10 means part 5, division 10 of this Act to be inserted by the amending Act.\ns 277 ins 2010 No. 5 s 156\n(sec.277-ssec.1) The purpose of this section is to explain references to any of the following in a provision of this Act as in force immediately after the commencement— an eligibility application; an eligibility declaration; a provision of proposed part 5, division 10.\n(sec.277-ssec.2) Proposed part 5, division 10 provides for the making of an eligibility application and the issue of an eligibility declaration to a person.\n(sec.277-ssec.3) Proposed part 5, division 10 is to commence at the stage 2 commencement date, which is after the commencement.\n(sec.277-ssec.4) A reference in part 5 to a thing mentioned in subsection (1)(a) to (c) does not have any effect until the stage 2 commencement date.\n(sec.277-ssec.5) In this section— proposed part 5, division 10 means part 5, division 10 of this Act to be inserted by the amending Act.\n- (a) an eligibility application;\n- (b) an eligibility declaration;\n- (c) a provision of proposed part 5, division 10.","sortOrder":433},{"sectionNumber":"sec.278","sectionType":"section","heading":"Explanation of sdiv 4","content":"### sec.278 Explanation of sdiv 4\n\nThe amendments of provisions of part 5 of this Act by the amending Act are to commence in 2 stages.\nThis subdivision provides for particular transitional arrangements for amendments of provisions of part 5 that are to commence in the second of the 2 stages.\ns 278 ins 2010 No. 5 s 156\n(sec.278-ssec.1) The amendments of provisions of part 5 of this Act by the amending Act are to commence in 2 stages.\n(sec.278-ssec.2) This subdivision provides for particular transitional arrangements for amendments of provisions of part 5 that are to commence in the second of the 2 stages.","sortOrder":434},{"sectionNumber":"sec.279","sectionType":"section","heading":"Definitions for sdiv 4","content":"### sec.279 Definitions for sdiv 4\n\nIn this subdivision—\ncommencement means the commencement of this section.\nunamended Act means this Act as in force from time to time before the commencement.\ns 279 ins 2010 No. 5 s 156","sortOrder":435},{"sectionNumber":"sec.280","sectionType":"section","heading":"Obtaining particular information from police commissioner about particular persons","content":"### sec.280 Obtaining particular information from police commissioner about particular persons\n\nThis section applies in relation to a person if—\nthe person—\nhas a current positive notice; or\nis the subject of an application for a prescribed notice that has not been decided or withdrawn at the commencement; or\nhas made an application for the cancellation of the person’s negative notice, or the cancellation of the suspension of the person’s positive notice, that has not been decided or withdrawn at the commencement; and\nunder section 117, the chief executive requested information from the police commissioner, or access to the police commissioner’s records, about the person before the commencement.\nIf, at the commencement, the police commissioner has complied with the request, the chief executive may ask the police commissioner for information, or access to the police commissioner’s records, to enable the chief executive to learn whether there is any new police information about the person.\nSection 117 applies in relation to the chief executive’s request under subsection (2) as if it were made under section 117(2) in relation to only new police information.\nIf, at the commencement, the police commissioner has not complied with the request, section 117 as in force from the commencement applies in relation to the request.\nIn this section—\nnew police information means information mentioned in section 117(7) or (8).\ns 280 ins 2010 No. 5 s 156\n(sec.280-ssec.1) This section applies in relation to a person if— the person— has a current positive notice; or is the subject of an application for a prescribed notice that has not been decided or withdrawn at the commencement; or has made an application for the cancellation of the person’s negative notice, or the cancellation of the suspension of the person’s positive notice, that has not been decided or withdrawn at the commencement; and under section 117, the chief executive requested information from the police commissioner, or access to the police commissioner’s records, about the person before the commencement.\n(sec.280-ssec.2) If, at the commencement, the police commissioner has complied with the request, the chief executive may ask the police commissioner for information, or access to the police commissioner’s records, to enable the chief executive to learn whether there is any new police information about the person.\n(sec.280-ssec.3) Section 117 applies in relation to the chief executive’s request under subsection (2) as if it were made under section 117(2) in relation to only new police information.\n(sec.280-ssec.4) If, at the commencement, the police commissioner has not complied with the request, section 117 as in force from the commencement applies in relation to the request.\n(sec.280-ssec.5) In this section— new police information means information mentioned in section 117(7) or (8).\n- (a) the person— (i) has a current positive notice; or (ii) is the subject of an application for a prescribed notice that has not been decided or withdrawn at the commencement; or (iii) has made an application for the cancellation of the person’s negative notice, or the cancellation of the suspension of the person’s positive notice, that has not been decided or withdrawn at the commencement; and\n- (i) has a current positive notice; or\n- (ii) is the subject of an application for a prescribed notice that has not been decided or withdrawn at the commencement; or\n- (iii) has made an application for the cancellation of the person’s negative notice, or the cancellation of the suspension of the person’s positive notice, that has not been decided or withdrawn at the commencement; and\n- (b) under section 117, the chief executive requested information from the police commissioner, or access to the police commissioner’s records, about the person before the commencement.\n- (i) has a current positive notice; or\n- (ii) is the subject of an application for a prescribed notice that has not been decided or withdrawn at the commencement; or\n- (iii) has made an application for the cancellation of the person’s negative notice, or the cancellation of the suspension of the person’s positive notice, that has not been decided or withdrawn at the commencement; and","sortOrder":436},{"sectionNumber":"sec.281","sectionType":"section","heading":"Existing applications for prescribed notice about a disqualified person who is not a relevant disqualified person","content":"### sec.281 Existing applications for prescribed notice about a disqualified person who is not a relevant disqualified person\n\nThis section applies to a prescribed notice application made before the commencement if the application—\nhas not been decided or withdrawn at the commencement; and\nrelates to a person who is a disqualified person but not a relevant disqualified person.\nIf, at the time of the application, the person did not hold a positive notice or held a positive notice that was suspended under section 86—\nthe application is taken to have been withdrawn; and\nthe chief executive must give notice of the withdrawal to the person and the funded non-government service provider who made the application.\nIf, at the time of the application, the person held a positive notice that was not suspended under section 86—\nthe person is taken to have been issued with an eligibility declaration other than for section 54(6)(b); and\nthe chief executive must decide the application under this Act.\nSubject to subsection (5), this Act applies to an application mentioned in subsection (3)(b) and, if the application complies with the requirements of the unamended Act, the application is not invalid only because it does not comply with this Act as in force immediately after the commencement.\nDespite section 58(2), a prescribed notice issued under subsection (3)(b) in relation to a prescribed notice application made before the commencement remains current for 2 years after it is issued, unless it is earlier cancelled under part 5, division 8.\ns 281 ins 2010 No. 5 s 156\n(sec.281-ssec.1) This section applies to a prescribed notice application made before the commencement if the application— has not been decided or withdrawn at the commencement; and relates to a person who is a disqualified person but not a relevant disqualified person.\n(sec.281-ssec.2) If, at the time of the application, the person did not hold a positive notice or held a positive notice that was suspended under section 86— the application is taken to have been withdrawn; and the chief executive must give notice of the withdrawal to the person and the funded non-government service provider who made the application.\n(sec.281-ssec.3) If, at the time of the application, the person held a positive notice that was not suspended under section 86— the person is taken to have been issued with an eligibility declaration other than for section 54(6)(b); and the chief executive must decide the application under this Act.\n(sec.281-ssec.4) Subject to subsection (5), this Act applies to an application mentioned in subsection (3)(b) and, if the application complies with the requirements of the unamended Act, the application is not invalid only because it does not comply with this Act as in force immediately after the commencement.\n(sec.281-ssec.5) Despite section 58(2), a prescribed notice issued under subsection (3)(b) in relation to a prescribed notice application made before the commencement remains current for 2 years after it is issued, unless it is earlier cancelled under part 5, division 8.\n- (a) has not been decided or withdrawn at the commencement; and\n- (b) relates to a person who is a disqualified person but not a relevant disqualified person.\n- (a) the application is taken to have been withdrawn; and\n- (b) the chief executive must give notice of the withdrawal to the person and the funded non-government service provider who made the application.\n- (a) the person is taken to have been issued with an eligibility declaration other than for section 54(6)(b); and\n- (b) the chief executive must decide the application under this Act.","sortOrder":437},{"sectionNumber":"sec.282","sectionType":"section","heading":"Existing applications for prescribed notice about a relevant disqualified person","content":"### sec.282 Existing applications for prescribed notice about a relevant disqualified person\n\nThis section applies to a prescribed notice application made before the commencement if the application—\nhas not been decided or withdrawn at the commencement; and\nrelates to a person who is a relevant disqualified person.\nThe application is taken to have been withdrawn.\nThe chief executive must give notice of the withdrawal to the person and the funded non-government service provider who made the application.\ns 282 ins 2010 No. 5 s 156\n(sec.282-ssec.1) This section applies to a prescribed notice application made before the commencement if the application— has not been decided or withdrawn at the commencement; and relates to a person who is a relevant disqualified person.\n(sec.282-ssec.2) The application is taken to have been withdrawn.\n(sec.282-ssec.3) The chief executive must give notice of the withdrawal to the person and the funded non-government service provider who made the application.\n- (a) has not been decided or withdrawn at the commencement; and\n- (b) relates to a person who is a relevant disqualified person.","sortOrder":438},{"sectionNumber":"sec.283","sectionType":"section","heading":"Other existing applications for prescribed notice","content":"### sec.283 Other existing applications for prescribed notice\n\nThis section applies if—\na prescribed notice application has been made about a person; and\nthe application has not been decided or withdrawn at the commencement; and\nneither section 281 nor section 282 applies to the application.\nSubject to subsection (3), this Act applies to the application and, if the application complies with the requirements of the unamended Act, the application is not invalid only because it does not comply with this Act as in force immediately after the commencement.\nDespite section 58(2), a prescribed notice issued under subsection (2) in relation to a prescribed notice application made before the commencement remains current for 2 years after it is issued, unless it is earlier cancelled under part 5, division 8.\ns 283 ins 2010 No. 5 s 156\n(sec.283-ssec.1) This section applies if— a prescribed notice application has been made about a person; and the application has not been decided or withdrawn at the commencement; and neither section 281 nor section 282 applies to the application.\n(sec.283-ssec.2) Subject to subsection (3), this Act applies to the application and, if the application complies with the requirements of the unamended Act, the application is not invalid only because it does not comply with this Act as in force immediately after the commencement.\n(sec.283-ssec.3) Despite section 58(2), a prescribed notice issued under subsection (2) in relation to a prescribed notice application made before the commencement remains current for 2 years after it is issued, unless it is earlier cancelled under part 5, division 8.\n- (a) a prescribed notice application has been made about a person; and\n- (b) the application has not been decided or withdrawn at the commencement; and\n- (c) neither section 281 nor section 282 applies to the application.","sortOrder":439},{"sectionNumber":"sec.284","sectionType":"section","heading":"Existing positive notices held by disqualified persons who are not relevant disqualified persons","content":"### sec.284 Existing positive notices held by disqualified persons who are not relevant disqualified persons\n\nThis section applies in relation to a positive notice issued under section 54(2)(a) before the commencement to a person who is a disqualified person but who is not—\na relevant disqualified person; or\na person in relation to whom the chief executive has started, before the commencement, to exercise a power under section 83.\nIf, at the commencement, the positive notice is not suspended under section 86, the person is taken to have been issued with an eligibility declaration.\nIf, at the commencement, the positive notice is suspended under section 86, this Act continues to apply in relation to the positive notice.\nIf, after the commencement, the chief executive is to make a decision about the person under section 54, and it is the first time the chief executive is to make a decision under that section about the person after the commencement, section 54(6)(b) does not apply to the chief executive making the decision.\nWithout limiting subsection (3), the chief executive may have regard to a charge or conviction of a person for a new disqualifying offence happening before the commencement in making a decision about the person or the person’s positive notice under this Act.\nIn this section—\nnew disqualifying offence means an offence that—\nis a disqualifying offence under this Act; but\nwas not an excluding offence under section 81 as in force immediately before the commencement.\ns 284 ins 2010 No. 5 s 156\n(sec.284-ssec.1) This section applies in relation to a positive notice issued under section 54(2)(a) before the commencement to a person who is a disqualified person but who is not— a relevant disqualified person; or a person in relation to whom the chief executive has started, before the commencement, to exercise a power under section 83.\n(sec.284-ssec.2) If, at the commencement, the positive notice is not suspended under section 86, the person is taken to have been issued with an eligibility declaration.\n(sec.284-ssec.3) If, at the commencement, the positive notice is suspended under section 86, this Act continues to apply in relation to the positive notice.\n(sec.284-ssec.4) If, after the commencement, the chief executive is to make a decision about the person under section 54, and it is the first time the chief executive is to make a decision under that section about the person after the commencement, section 54(6)(b) does not apply to the chief executive making the decision.\n(sec.284-ssec.5) Without limiting subsection (3), the chief executive may have regard to a charge or conviction of a person for a new disqualifying offence happening before the commencement in making a decision about the person or the person’s positive notice under this Act.\n(sec.284-ssec.6) In this section— new disqualifying offence means an offence that— is a disqualifying offence under this Act; but was not an excluding offence under section 81 as in force immediately before the commencement.\n- (a) a relevant disqualified person; or\n- (b) a person in relation to whom the chief executive has started, before the commencement, to exercise a power under section 83.\n- (a) is a disqualifying offence under this Act; but\n- (b) was not an excluding offence under section 81 as in force immediately before the commencement.","sortOrder":440},{"sectionNumber":"sec.285","sectionType":"section","heading":"Existing positive notices held by relevant disqualified person because of temporary or interim order","content":"### sec.285 Existing positive notices held by relevant disqualified person because of temporary or interim order\n\nThis section applies in relation to a positive notice issued under section 54(2) before the commencement (including a positive notice that is suspended under section 86 at the commencement) to a person who is a relevant disqualified person only because the person is subject to either or both of the following—\na temporary offender prohibition order;\nan interim sexual offender order.\nIf the positive notice is not suspended under section 86 at the commencement, the chief executive must, by notice given to the person, suspend the person’s positive notice.\nThe notice must state the matters mentioned in section 86(2).\nIf the positive notice is suspended under section 86 at the commencement, the suspension continues subject to subsection (5).\nSections 86 and 87 apply to the suspended positive notice as if the notice were suspended under section 86(1) as in force immediately after the commencement.\ns 285 ins 2010 No. 5 s 156\n(sec.285-ssec.1) This section applies in relation to a positive notice issued under section 54(2) before the commencement (including a positive notice that is suspended under section 86 at the commencement) to a person who is a relevant disqualified person only because the person is subject to either or both of the following— a temporary offender prohibition order; an interim sexual offender order.\n(sec.285-ssec.2) If the positive notice is not suspended under section 86 at the commencement, the chief executive must, by notice given to the person, suspend the person’s positive notice.\n(sec.285-ssec.3) The notice must state the matters mentioned in section 86(2).\n(sec.285-ssec.4) If the positive notice is suspended under section 86 at the commencement, the suspension continues subject to subsection (5).\n(sec.285-ssec.5) Sections 86 and 87 apply to the suspended positive notice as if the notice were suspended under section 86(1) as in force immediately after the commencement.\n- (a) a temporary offender prohibition order;\n- (b) an interim sexual offender order.","sortOrder":441},{"sectionNumber":"sec.286","sectionType":"section","heading":"Existing positive notices held by other relevant disqualified person","content":"### sec.286 Existing positive notices held by other relevant disqualified person\n\nThis section applies in relation to a positive notice issued under section 54(2) before the commencement (including a positive notice that is suspended under section 86 at the commencement) to a person who is a relevant disqualified person other than a relevant disqualified person mentioned in section 285(1).\nThe positive notice is cancelled.\nIf the positive notice is suspended under section 86 at the commencement, any application for the cancellation of the suspension under section 87 that has not been decided or withdrawn at the commencement is taken to have been withdrawn.\nThe chief executive must give notice of the cancellation of the positive notice to—\nthe person; and\nthe funded non-government service provider who—\nis engaging the person at a service outlet of the service provider; or\nif the positive notice is suspended under section 86 at the commencement—was engaging the person at a service outlet of the service provider immediately before the positive notice was suspended.\nA notice mentioned in subsection (4)—\nmust state that the positive notice is cancelled and the date the positive notice is cancelled; and\nis taken, for sections 70 and 71, to be a notice that a negative notice has been issued to the person on the date the positive notice is cancelled.\ns 286 ins 2010 No. 5 s 156\n(sec.286-ssec.1) This section applies in relation to a positive notice issued under section 54(2) before the commencement (including a positive notice that is suspended under section 86 at the commencement) to a person who is a relevant disqualified person other than a relevant disqualified person mentioned in section 285(1).\n(sec.286-ssec.2) The positive notice is cancelled.\n(sec.286-ssec.3) If the positive notice is suspended under section 86 at the commencement, any application for the cancellation of the suspension under section 87 that has not been decided or withdrawn at the commencement is taken to have been withdrawn.\n(sec.286-ssec.4) The chief executive must give notice of the cancellation of the positive notice to— the person; and the funded non-government service provider who— is engaging the person at a service outlet of the service provider; or if the positive notice is suspended under section 86 at the commencement—was engaging the person at a service outlet of the service provider immediately before the positive notice was suspended.\n(sec.286-ssec.5) A notice mentioned in subsection (4)— must state that the positive notice is cancelled and the date the positive notice is cancelled; and is taken, for sections 70 and 71, to be a notice that a negative notice has been issued to the person on the date the positive notice is cancelled.\n- (a) the person; and\n- (b) the funded non-government service provider who— (i) is engaging the person at a service outlet of the service provider; or (ii) if the positive notice is suspended under section 86 at the commencement—was engaging the person at a service outlet of the service provider immediately before the positive notice was suspended.\n- (i) is engaging the person at a service outlet of the service provider; or\n- (ii) if the positive notice is suspended under section 86 at the commencement—was engaging the person at a service outlet of the service provider immediately before the positive notice was suspended.\n- (i) is engaging the person at a service outlet of the service provider; or\n- (ii) if the positive notice is suspended under section 86 at the commencement—was engaging the person at a service outlet of the service provider immediately before the positive notice was suspended.\n- (a) must state that the positive notice is cancelled and the date the positive notice is cancelled; and\n- (b) is taken, for sections 70 and 71, to be a notice that a negative notice has been issued to the person on the date the positive notice is cancelled.","sortOrder":442},{"sectionNumber":"sec.287","sectionType":"section","heading":"Currency of existing prescribed notices","content":"### sec.287 Currency of existing prescribed notices\n\nA positive notice in force at the commencement remains current for 2 years after it was issued under the unamended Act, unless it is earlier cancelled under part 5, division 8.\nSubsection (1) applies despite section 58(2).\ns 287 ins 2010 No. 5 s 156\n(sec.287-ssec.1) A positive notice in force at the commencement remains current for 2 years after it was issued under the unamended Act, unless it is earlier cancelled under part 5, division 8.\n(sec.287-ssec.2) Subsection (1) applies despite section 58(2).","sortOrder":443},{"sectionNumber":"sec.288","sectionType":"section","heading":"Existing applications to cancel negative notice by relevant disqualified person","content":"### sec.288 Existing applications to cancel negative notice by relevant disqualified person\n\nThis section applies if—\na person who is a relevant disqualified person has applied to the chief executive to cancel the person’s negative notice under section 82 or 83(3); and\nthe application has not been decided or withdrawn at the commencement.\nThe application is taken to have been withdrawn.\nThe chief executive must give notice of the withdrawal to the person.\ns 288 ins 2010 No. 5 s 156\n(sec.288-ssec.1) This section applies if— a person who is a relevant disqualified person has applied to the chief executive to cancel the person’s negative notice under section 82 or 83(3); and the application has not been decided or withdrawn at the commencement.\n(sec.288-ssec.2) The application is taken to have been withdrawn.\n(sec.288-ssec.3) The chief executive must give notice of the withdrawal to the person.\n- (a) a person who is a relevant disqualified person has applied to the chief executive to cancel the person’s negative notice under section 82 or 83(3); and\n- (b) the application has not been decided or withdrawn at the commencement.","sortOrder":444},{"sectionNumber":"sec.289","sectionType":"section","heading":"Other existing applications to cancel a negative notice","content":"### sec.289 Other existing applications to cancel a negative notice\n\nThis section applies if—\na person has applied to the chief executive to cancel the person’s negative notice under section 82 or 83(3); and\nthe application has not been decided or withdrawn at the commencement; and\nsection 288 does not apply to the application.\nThis chief executive must decide the application under this Act.\nFor subsection (2), an application made under section 101(3) of the unamended Act is taken to have been made under section 82.\ns 289 ins 2010 No. 5 s 156\n(sec.289-ssec.1) This section applies if— a person has applied to the chief executive to cancel the person’s negative notice under section 82 or 83(3); and the application has not been decided or withdrawn at the commencement; and section 288 does not apply to the application.\n(sec.289-ssec.2) This chief executive must decide the application under this Act.\n(sec.289-ssec.3) For subsection (2), an application made under section 101(3) of the unamended Act is taken to have been made under section 82.\n- (a) a person has applied to the chief executive to cancel the person’s negative notice under section 82 or 83(3); and\n- (b) the application has not been decided or withdrawn at the commencement; and\n- (c) section 288 does not apply to the application.","sortOrder":445},{"sectionNumber":"sec.290","sectionType":"section","heading":"Continuation if chief executive acting on own initiative","content":"### sec.290 Continuation if chief executive acting on own initiative\n\nThis section applies if—\nbefore the commencement, the chief executive had started on the chief executive’s own initiative to exercise a power in relation to a person or a prescribed notice; and\nthe chief executive may, immediately after the commencement, exercise the power under this Act.\nThe chief executive may continue to exercise the power under this Act in relation to the person or prescribed notice.\nFor subsection (1)(b), the chief executive’s power under section 103 of the unamended Act is taken to be exercisable, immediately after the commencement, under section 83(1)(b)(ii).\ns 290 ins 2010 No. 5 s 156\n(sec.290-ssec.1) This section applies if— before the commencement, the chief executive had started on the chief executive’s own initiative to exercise a power in relation to a person or a prescribed notice; and the chief executive may, immediately after the commencement, exercise the power under this Act.\n(sec.290-ssec.2) The chief executive may continue to exercise the power under this Act in relation to the person or prescribed notice.\n(sec.290-ssec.3) For subsection (1)(b), the chief executive’s power under section 103 of the unamended Act is taken to be exercisable, immediately after the commencement, under section 83(1)(b)(ii).\n- (a) before the commencement, the chief executive had started on the chief executive’s own initiative to exercise a power in relation to a person or a prescribed notice; and\n- (b) the chief executive may, immediately after the commencement, exercise the power under this Act.","sortOrder":446},{"sectionNumber":"sec.291","sectionType":"section","heading":"Application of s 97 and sch 8, definition relevant disqualified person","content":"### sec.291 Application of s 97 and sch 8, definition relevant disqualified person\n\nFor section 97(1)(a) and schedule 8, definition relevant disqualified person , paragraph (a), it is immaterial as to when the offence mentioned in the provision was committed or when the person to whom the provision applies was convicted.\nAn offence may have been committed, and the person convicted of the offence, before the commencement.\ns 291 ins 2010 No. 5 s 156","sortOrder":447},{"sectionNumber":"sec.292","sectionType":"section","heading":"Application of s 98","content":"### sec.292 Application of s 98\n\nThis section applies in relation to a person who—\nis a disqualified person; and\nat the commencement, is engaged by a funded non-government service provider at a service outlet of the service provider; and\nis not a person in relation to whom section 281(3) or 284(2) applies.\nTo remove any doubt, it is declared that section 98(1)(b) applies to the person even if it is not an offence for a funded non-government service provider to engage the person at a service outlet of the service provider.\ns 292 ins 2010 No. 5 s 156\n(sec.292-ssec.1) This section applies in relation to a person who— is a disqualified person; and at the commencement, is engaged by a funded non-government service provider at a service outlet of the service provider; and is not a person in relation to whom section 281(3) or 284(2) applies.\n(sec.292-ssec.2) To remove any doubt, it is declared that section 98(1)(b) applies to the person even if it is not an offence for a funded non-government service provider to engage the person at a service outlet of the service provider.\n- (a) is a disqualified person; and\n- (b) at the commencement, is engaged by a funded non-government service provider at a service outlet of the service provider; and\n- (c) is not a person in relation to whom section 281(3) or 284(2) applies.","sortOrder":448},{"sectionNumber":"sec.293","sectionType":"section","heading":"Existing reviews and appeals by disqualified person","content":"### sec.293 Existing reviews and appeals by disqualified person\n\nThis section applies if—\nbefore the commencement, a person—\napplied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or\nappealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and\nthe review or appeal has not been decided at the commencement; and\nthe person is a disqualified person.\nThe entity hearing the review or appeal must dismiss the review or appeal.\ns 293 ins 2010 No. 5 s 156\n(sec.293-ssec.1) This section applies if— before the commencement, a person— applied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or appealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and the review or appeal has not been decided at the commencement; and the person is a disqualified person.\n(sec.293-ssec.2) The entity hearing the review or appeal must dismiss the review or appeal.\n- (a) before the commencement, a person— (i) applied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or (ii) appealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and\n- (i) applied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or\n- (ii) appealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and\n- (b) the review or appeal has not been decided at the commencement; and\n- (c) the person is a disqualified person.\n- (i) applied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or\n- (ii) appealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and","sortOrder":449},{"sectionNumber":"sec.294","sectionType":"section","heading":"Other existing reviews and appeals","content":"### sec.294 Other existing reviews and appeals\n\nThis section applies if—\nbefore the commencement, a person—\napplied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or\nappealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and\nthe review or appeal has not been decided at the commencement; and\nthe person is not a disqualified person.\nThe entity hearing the review or appeal must apply this Act in relation to the matter the subject of the review or appeal.\nFor subsection (2), a review under section 108 of the unamended Act is taken to be a review under section 109.\nWithout limiting subsection (2), the entity may exercise a power of the chief executive under part 10 for deciding a review of a decision of the chief executive, or an appeal against a decision of the tribunal, as to whether or not there is an exceptional case for a person.\ns 294 ins 2010 No. 5 s 156\n(sec.294-ssec.1) This section applies if— before the commencement, a person— applied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or appealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and the review or appeal has not been decided at the commencement; and the person is not a disqualified person.\n(sec.294-ssec.2) The entity hearing the review or appeal must apply this Act in relation to the matter the subject of the review or appeal.\n(sec.294-ssec.3) For subsection (2), a review under section 108 of the unamended Act is taken to be a review under section 109.\n(sec.294-ssec.4) Without limiting subsection (2), the entity may exercise a power of the chief executive under part 10 for deciding a review of a decision of the chief executive, or an appeal against a decision of the tribunal, as to whether or not there is an exceptional case for a person.\n- (a) before the commencement, a person— (i) applied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or (ii) appealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and\n- (i) applied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or\n- (ii) appealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and\n- (b) the review or appeal has not been decided at the commencement; and\n- (c) the person is not a disqualified person.\n- (i) applied for a review of a decision of the chief executive under section 108 or 113(2)(a) of the unamended Act; or\n- (ii) appealed under the QCAT Act against a decision of the tribunal relating to a review under section 108 or 113(2)(a) of the unamended Act; and","sortOrder":450},{"sectionNumber":"sec.295","sectionType":"section","heading":"Disqualification orders for acts done or omissions made before commencement","content":"### sec.295 Disqualification orders for acts done or omissions made before commencement\n\nA court may make a disqualification order under section 137 in relation to a person convicted of an offence after the commencement arising out of an act done or omission made before the commencement.\ns 295 ins 2010 No. 5 s 156","sortOrder":451},{"sectionNumber":"sec.296","sectionType":"section","heading":"Continuing engagement of volunteers","content":"### sec.296 Continuing engagement of volunteers\n\nThis section applies if—\nimmediately before the commencement, a person was engaged by a funded non-government service provider at a service outlet of the service provider as a volunteer; and\nat the commencement—\nthe person does not have a current positive notice; and\nthere is a current prescribed notice application about the person.\nThe funded non-government service provider—\nmay continue to engage the person in the regulated engagement even though the person does not have a current positive notice; and\ndoes not commit an offence against section 68 for the continued engagement.\nSubsection (2) applies until the earlier of the following—\n12 months after the commencement;\nthe funded non-government service provider is given a notice by the chief executive that a negative notice has been issued to the person or the application is withdrawn.\ns 296 ins 2010 No. 5 s 156\n(sec.296-ssec.1) This section applies if— immediately before the commencement, a person was engaged by a funded non-government service provider at a service outlet of the service provider as a volunteer; and at the commencement— the person does not have a current positive notice; and there is a current prescribed notice application about the person.\n(sec.296-ssec.2) The funded non-government service provider— may continue to engage the person in the regulated engagement even though the person does not have a current positive notice; and does not commit an offence against section 68 for the continued engagement.\n(sec.296-ssec.3) Subsection (2) applies until the earlier of the following— 12 months after the commencement; the funded non-government service provider is given a notice by the chief executive that a negative notice has been issued to the person or the application is withdrawn.\n- (a) immediately before the commencement, a person was engaged by a funded non-government service provider at a service outlet of the service provider as a volunteer; and\n- (b) at the commencement— (i) the person does not have a current positive notice; and (ii) there is a current prescribed notice application about the person.\n- (i) the person does not have a current positive notice; and\n- (ii) there is a current prescribed notice application about the person.\n- (i) the person does not have a current positive notice; and\n- (ii) there is a current prescribed notice application about the person.\n- (a) may continue to engage the person in the regulated engagement even though the person does not have a current positive notice; and\n- (b) does not commit an offence against section 68 for the continued engagement.\n- (a) 12 months after the commencement;\n- (b) the funded non-government service provider is given a notice by the chief executive that a negative notice has been issued to the person or the application is withdrawn.","sortOrder":452},{"sectionNumber":"sec.297","sectionType":"section","heading":"Provision about persons engaged to provide disability services only to children","content":"### sec.297 Provision about persons engaged to provide disability services only to children\n\nSections 281 to 283 apply in relation to a prescribed notice application about a person engaged, or to be engaged, by a funded non-government service provider to provide disability services only to children.\nSections 284 to 287 apply in relation to a current positive notice held by a person engaged by a funded non-government service provider to provide disability services only to children.\nA current positive notice card or current negative notice held by a person engaged by a funded non-government service provider to provide disability services only to children continues subject to section 58.\nThis section applies despite section 42.\nIn this section—\ncurrent , for a prescribed notice or positive notice card, means current under section 58 at the commencement.\nSee the CCYPCG Act, chapter 8 for obligations relating to children disability services.\ns 297 ins 2010 No. 5 s 156\namd 2010 No. 33 s 121\n(sec.297-ssec.1) Sections 281 to 283 apply in relation to a prescribed notice application about a person engaged, or to be engaged, by a funded non-government service provider to provide disability services only to children.\n(sec.297-ssec.2) Sections 284 to 287 apply in relation to a current positive notice held by a person engaged by a funded non-government service provider to provide disability services only to children.\n(sec.297-ssec.3) A current positive notice card or current negative notice held by a person engaged by a funded non-government service provider to provide disability services only to children continues subject to section 58.\n(sec.297-ssec.4) This section applies despite section 42.\n(sec.297-ssec.5) In this section— current , for a prescribed notice or positive notice card, means current under section 58 at the commencement. See the CCYPCG Act, chapter 8 for obligations relating to children disability services.","sortOrder":453},{"sectionNumber":"sec.298","sectionType":"section","heading":"Provision about holders of CCYPCG positive notice","content":"### sec.298 Provision about holders of CCYPCG positive notice\n\nSections 281 to 283 apply in relation to a prescribed notice application about the holder of a CCYPCG positive notice despite section 51.\nSections 284 to 287 apply in relation to a current positive notice held by the holder of a CCYPCG positive notice at the commencement despite section 51.\nA current positive notice card or current negative notice held by the holder of a CCYPCG positive notice at the commencement continues in effect despite section 51 but subject to section 58.\nSection 95 applies to a current positive notice or current negative notice held by the holder of a CCYPCG positive notice at the commencement.\nA court may make an order under section 137 before the commencement stating that a person who holds a CCYPCG positive notice—\nmay not hold a positive exemption notice, or apply for an exemption notice, for a stated period; or\nmay never hold a positive exemption notice or apply for an exemption notice.\ns 298 ins 2010 No. 5 s 156\namd 2010 No. 33 s 122\n(sec.298-ssec.1) Sections 281 to 283 apply in relation to a prescribed notice application about the holder of a CCYPCG positive notice despite section 51.\n(sec.298-ssec.2) Sections 284 to 287 apply in relation to a current positive notice held by the holder of a CCYPCG positive notice at the commencement despite section 51.\n(sec.298-ssec.3) A current positive notice card or current negative notice held by the holder of a CCYPCG positive notice at the commencement continues in effect despite section 51 but subject to section 58.\n(sec.298-ssec.4) Section 95 applies to a current positive notice or current negative notice held by the holder of a CCYPCG positive notice at the commencement.\n(sec.298-ssec.5) A court may make an order under section 137 before the commencement stating that a person who holds a CCYPCG positive notice— may not hold a positive exemption notice, or apply for an exemption notice, for a stated period; or may never hold a positive exemption notice or apply for an exemption notice.\n- (a) may not hold a positive exemption notice, or apply for an exemption notice, for a stated period; or\n- (b) may never hold a positive exemption notice or apply for an exemption notice.","sortOrder":454},{"sectionNumber":"sec.299","sectionType":"section","heading":"References to Youth Justice Act 1992","content":"### sec.299 References to Youth Justice Act 1992\n\nThis section applies to a reference to the Youth Justice Act 1992 in a provision of this Act if the provision commences before the JJA short title amendment commences.\nUntil the JJA short title amendment commences, the reference is taken to be a reference to the Juvenile Justice Act 1992 .\nIn this section—\nJJA short title amendment means the Juvenile Justice and Other Acts Amendment Act 2009 , section 9 .\ns 299 ins 2010 No. 5 s 156\n(sec.299-ssec.1) This section applies to a reference to the Youth Justice Act 1992 in a provision of this Act if the provision commences before the JJA short title amendment commences.\n(sec.299-ssec.2) Until the JJA short title amendment commences, the reference is taken to be a reference to the Juvenile Justice Act 1992 .\n(sec.299-ssec.3) In this section— JJA short title amendment means the Juvenile Justice and Other Acts Amendment Act 2009 , section 9 .","sortOrder":455},{"sectionNumber":"pt.9-div.6","sectionType":"division","heading":"Provision for the Health Practitioner Registration and Other Legislation Amendment Act 2013","content":"## Provision for the Health Practitioner Registration and Other Legislation Amendment Act 2013","sortOrder":456},{"sectionNumber":"sec.300","sectionType":"section","heading":"Application of pt 5 to former registered speech pathologist","content":"### sec.300 Application of pt 5 to former registered speech pathologist\n\nSection 43 continues to apply to the engagement of a former registered speech pathologist to the extent mentioned in that section for a period of 3 months after the commencement.\nIn this section—\ncommencement means the commencement of this section.\nformer registered speech pathologist means a person who, immediately before the commencement, was registered under the repealed Speech Pathologists Registration Act 2001 .\ns 300 ins 2013 No. 13 s 13\n(sec.300-ssec.1) Section 43 continues to apply to the engagement of a former registered speech pathologist to the extent mentioned in that section for a period of 3 months after the commencement.\n(sec.300-ssec.2) In this section— commencement means the commencement of this section. former registered speech pathologist means a person who, immediately before the commencement, was registered under the repealed Speech Pathologists Registration Act 2001 .","sortOrder":457},{"sectionNumber":"pt.9-div.7","sectionType":"division","heading":"Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013","content":"## Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013","sortOrder":458},{"sectionNumber":"sec.301","sectionType":"section","heading":"Definitions for div 7","content":"### sec.301 Definitions for div 7\n\nIn this division—\namended Act means this Act as amended by the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 .\ncommencement means the commencement of this section.\nnew disqualified person means a person who is a disqualified person only because the person has been convicted or is convicted of a new disqualifying offence.\nnew disqualifying offence means an offence that is a disqualifying offence under this Act but was not a disqualifying offence under this Act immediately before the commencement.\nnew relevant disqualified person means a person who is a relevant disqualified person only because the person has been convicted or is convicted of a new disqualifying offence for which an imprisonment order has been or is imposed.\nnew serious offence means an offence that is a serious offence under this Act but was not a serious offence under this Act immediately before the commencement.\ns 301 ins 2013 No. 14 s 31","sortOrder":459},{"sectionNumber":"sec.302","sectionType":"section","heading":"Existing prescribed notice application by new relevant disqualified person","content":"### sec.302 Existing prescribed notice application by new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a prescribed notice application had been made about a person; and\nimmediately before the commencement the application had not been decided or withdrawn; and\nat the commencement the person is a new relevant disqualified person.\nThe person’s application is taken to be withdrawn.\nThe chief executive must give written notice about the withdrawal of the application to the person and the funded non-government service provider who made the application.\ns 302 ins 2013 No. 14 s 31\n(sec.302-ssec.1) This section applies if— before the commencement a prescribed notice application had been made about a person; and immediately before the commencement the application had not been decided or withdrawn; and at the commencement the person is a new relevant disqualified person.\n(sec.302-ssec.2) The person’s application is taken to be withdrawn.\n(sec.302-ssec.3) The chief executive must give written notice about the withdrawal of the application to the person and the funded non-government service provider who made the application.\n- (a) before the commencement a prescribed notice application had been made about a person; and\n- (b) immediately before the commencement the application had not been decided or withdrawn; and\n- (c) at the commencement the person is a new relevant disqualified person.","sortOrder":460},{"sectionNumber":"sec.303","sectionType":"section","heading":"Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person","content":"### sec.303 Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a prescribed notice application had been made about a person; and\nimmediately before the commencement the application had not been decided or withdrawn; and\nat the commencement the person—\nis charged with a new disqualifying offence; or\nis a new disqualified person but not a new relevant disqualified person.\nIf a person holds a positive notice, see also sections 306 and 307.\nSubsection (3) applies if—\nat the commencement the person is charged with a new disqualifying offence; or\nat the commencement the person is a new disqualified person but not a new relevant disqualified person and, at the time of making the application—\nwas not issued, or not taken to have been issued, an eligibility declaration; and\ndid not hold a positive notice.\nAt the commencement—\nthe application is taken to be withdrawn; and\nthe chief executive must give written notice about the withdrawal of the application to the person and the funded non-government service provider who made the application.\nIf a person charged with a new disqualifying offence also holds a positive notice, see also sections 307 and 86.\nSubsection (5) applies if the person is a new disqualified person but not a new relevant disqualified person and at the time of making the application the person—\nwas not issued, or not taken to have been issued, an eligibility declaration; and\nheld a positive notice that was not suspended.\nAt the commencement—\nthe person is taken to have been issued an eligibility declaration other than for section 54(6)(b); and\nthe chief executive must decide the application under the amended Act.\nIf the person is a new disqualified person but not a new relevant disqualified person and, at the time of the application the person was issued an eligibility declaration, at the commencement the chief executive must decide the application under the amended Act but section 54(6)(b) does not apply to the chief executive making the decision.\nFor subsections (3) and (6), if before the commencement the chief executive had, under section 82, cancelled a negative notice issued to the person, on the commencement section 54(6)(a) does not apply to the chief executive making the decision.\ns 303 ins 2013 No. 14 s 31\n(sec.303-ssec.1) This section applies if— before the commencement a prescribed notice application had been made about a person; and immediately before the commencement the application had not been decided or withdrawn; and at the commencement the person— is charged with a new disqualifying offence; or is a new disqualified person but not a new relevant disqualified person. If a person holds a positive notice, see also sections 306 and 307.\n(sec.303-ssec.2) Subsection (3) applies if— at the commencement the person is charged with a new disqualifying offence; or at the commencement the person is a new disqualified person but not a new relevant disqualified person and, at the time of making the application— was not issued, or not taken to have been issued, an eligibility declaration; and did not hold a positive notice.\n(sec.303-ssec.3) At the commencement— the application is taken to be withdrawn; and the chief executive must give written notice about the withdrawal of the application to the person and the funded non-government service provider who made the application. If a person charged with a new disqualifying offence also holds a positive notice, see also sections 307 and 86.\n(sec.303-ssec.4) Subsection (5) applies if the person is a new disqualified person but not a new relevant disqualified person and at the time of making the application the person— was not issued, or not taken to have been issued, an eligibility declaration; and held a positive notice that was not suspended.\n(sec.303-ssec.5) At the commencement— the person is taken to have been issued an eligibility declaration other than for section 54(6)(b); and the chief executive must decide the application under the amended Act.\n(sec.303-ssec.6) If the person is a new disqualified person but not a new relevant disqualified person and, at the time of the application the person was issued an eligibility declaration, at the commencement the chief executive must decide the application under the amended Act but section 54(6)(b) does not apply to the chief executive making the decision.\n(sec.303-ssec.7) For subsections (3) and (6), if before the commencement the chief executive had, under section 82, cancelled a negative notice issued to the person, on the commencement section 54(6)(a) does not apply to the chief executive making the decision.\n- (a) before the commencement a prescribed notice application had been made about a person; and\n- (b) immediately before the commencement the application had not been decided or withdrawn; and\n- (c) at the commencement the person— (i) is charged with a new disqualifying offence; or (ii) is a new disqualified person but not a new relevant disqualified person.\n- (i) is charged with a new disqualifying offence; or\n- (ii) is a new disqualified person but not a new relevant disqualified person.\n- (i) is charged with a new disqualifying offence; or\n- (ii) is a new disqualified person but not a new relevant disqualified person.\n- (a) at the commencement the person is charged with a new disqualifying offence; or\n- (b) at the commencement the person is a new disqualified person but not a new relevant disqualified person and, at the time of making the application— (i) was not issued, or not taken to have been issued, an eligibility declaration; and (ii) did not hold a positive notice.\n- (i) was not issued, or not taken to have been issued, an eligibility declaration; and\n- (ii) did not hold a positive notice.\n- (i) was not issued, or not taken to have been issued, an eligibility declaration; and\n- (ii) did not hold a positive notice.\n- (a) the application is taken to be withdrawn; and\n- (b) the chief executive must give written notice about the withdrawal of the application to the person and the funded non-government service provider who made the application.\n- (a) was not issued, or not taken to have been issued, an eligibility declaration; and\n- (b) held a positive notice that was not suspended.\n- (a) the person is taken to have been issued an eligibility declaration other than for section 54(6)(b); and\n- (b) the chief executive must decide the application under the amended Act.","sortOrder":461},{"sectionNumber":"sec.304","sectionType":"section","heading":"Other existing prescribed notice applications","content":"### sec.304 Other existing prescribed notice applications\n\nThis section applies if—\nbefore the commencement a prescribed notice application had been made about a person; and\nimmediately before the commencement the application had not been decided or withdrawn; and\nsection 302 or 303 does not apply.\nAt the commencement the chief executive must decide the application under the amended Act.\ns 304 ins 2013 No. 14 s 31\n(sec.304-ssec.1) This section applies if— before the commencement a prescribed notice application had been made about a person; and immediately before the commencement the application had not been decided or withdrawn; and section 302 or 303 does not apply.\n(sec.304-ssec.2) At the commencement the chief executive must decide the application under the amended Act.\n- (a) before the commencement a prescribed notice application had been made about a person; and\n- (b) immediately before the commencement the application had not been decided or withdrawn; and\n- (c) section 302 or 303 does not apply.","sortOrder":462},{"sectionNumber":"sec.305","sectionType":"section","heading":"Current positive notice for new relevant disqualified person","content":"### sec.305 Current positive notice for new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a person held a positive notice; and\nimmediately before the commencement the notice was current; and\nat the commencement the person is a new relevant disqualified person.\nAt the commencement the amended Act applies and the chief executive must cancel the person’s positive notice and substitute a negative notice under section 85.\nUnder section 80, a person must return their cancelled positive notice and any positive notice card issued to the person to the chief executive.\nAlso, if the positive notice is suspended under section 86 at the commencement, any application for the cancellation of the suspension under section 87 that has not been decided or withdrawn at the commencement is taken to have been withdrawn.\nThe chief executive must give written notice about the withdrawal of the application under subsection (3) to the person and the funded non-government service provider who made the application.\ns 305 ins 2013 No. 14 s 31\n(sec.305-ssec.1) This section applies if— before the commencement a person held a positive notice; and immediately before the commencement the notice was current; and at the commencement the person is a new relevant disqualified person.\n(sec.305-ssec.2) At the commencement the amended Act applies and the chief executive must cancel the person’s positive notice and substitute a negative notice under section 85. Under section 80, a person must return their cancelled positive notice and any positive notice card issued to the person to the chief executive.\n(sec.305-ssec.3) Also, if the positive notice is suspended under section 86 at the commencement, any application for the cancellation of the suspension under section 87 that has not been decided or withdrawn at the commencement is taken to have been withdrawn.\n(sec.305-ssec.4) The chief executive must give written notice about the withdrawal of the application under subsection (3) to the person and the funded non-government service provider who made the application.\n- (a) before the commencement a person held a positive notice; and\n- (b) immediately before the commencement the notice was current; and\n- (c) at the commencement the person is a new relevant disqualified person.","sortOrder":463},{"sectionNumber":"sec.306","sectionType":"section","heading":"Current positive notice for new disqualified person other than new relevant disqualified person","content":"### sec.306 Current positive notice for new disqualified person other than new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a person held a positive notice; and\nimmediately before the commencement the notice was current; and\nat the commencement the person is a new disqualified person but not a new relevant disqualified person.\nIf, at the commencement, the person’s positive notice is suspended under section 86, the amended Act applies in relation to the positive notice.\nIf, at the commencement, the person is not issued, or not taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 86—\nthe person is taken to have been issued an eligibility declaration under section 101; and\nthe amended Act applies in relation to the positive notice.\nIf, at the commencement, the person is issued, or taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 86, the amended Act applies in relation to the person’s positive notice.\nIf, after the commencement, the chief executive is to make a decision about the person under section 54, and it is the first time the chief executive is to make a decision under that section about the person after the commencement, section 54(6)(b) does not apply to the chief executive making the decision.\ns 306 ins 2013 No. 14 s 31\n(sec.306-ssec.1) This section applies if— before the commencement a person held a positive notice; and immediately before the commencement the notice was current; and at the commencement the person is a new disqualified person but not a new relevant disqualified person.\n(sec.306-ssec.2) If, at the commencement, the person’s positive notice is suspended under section 86, the amended Act applies in relation to the positive notice.\n(sec.306-ssec.3) If, at the commencement, the person is not issued, or not taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 86— the person is taken to have been issued an eligibility declaration under section 101; and the amended Act applies in relation to the positive notice.\n(sec.306-ssec.4) If, at the commencement, the person is issued, or taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 86, the amended Act applies in relation to the person’s positive notice.\n(sec.306-ssec.5) If, after the commencement, the chief executive is to make a decision about the person under section 54, and it is the first time the chief executive is to make a decision under that section about the person after the commencement, section 54(6)(b) does not apply to the chief executive making the decision.\n- (a) before the commencement a person held a positive notice; and\n- (b) immediately before the commencement the notice was current; and\n- (c) at the commencement the person is a new disqualified person but not a new relevant disqualified person.\n- (a) the person is taken to have been issued an eligibility declaration under section 101; and\n- (b) the amended Act applies in relation to the positive notice.","sortOrder":464},{"sectionNumber":"sec.307","sectionType":"section","heading":"Other current positive notices","content":"### sec.307 Other current positive notices\n\nThis section applies if—\nbefore the commencement a person held a positive notice; and\nimmediately before the commencement the positive notice was current; and\nsection 305 or 306 does not apply.\nThe amended Act applies to the person’s positive notice.\ns 307 ins 2013 No. 14 s 31\n(sec.307-ssec.1) This section applies if— before the commencement a person held a positive notice; and immediately before the commencement the positive notice was current; and section 305 or 306 does not apply.\n(sec.307-ssec.2) The amended Act applies to the person’s positive notice.\n- (a) before the commencement a person held a positive notice; and\n- (b) immediately before the commencement the positive notice was current; and\n- (c) section 305 or 306 does not apply.","sortOrder":465},{"sectionNumber":"sec.308","sectionType":"section","heading":"Existing exemption notice application by new relevant disqualified person or person charged with a new disqualifying offence","content":"### sec.308 Existing exemption notice application by new relevant disqualified person or person charged with a new disqualifying offence\n\nThis section applies if—\nbefore the commencement an exemption notice application was made about a person; and\nimmediately before the commencement the application has not been decided or withdrawn; and\nat the commencement—\nthe person is a new relevant disqualified person; or\nthe person is charged with a new disqualifying offence.\nThe application is taken to be withdrawn.\nThe chief executive must give written notice about the withdrawal of the application to the person and the funded non-government service provider who made the application.\ns 308 ins 2013 No. 14 s 31\n(sec.308-ssec.1) This section applies if— before the commencement an exemption notice application was made about a person; and immediately before the commencement the application has not been decided or withdrawn; and at the commencement— the person is a new relevant disqualified person; or the person is charged with a new disqualifying offence.\n(sec.308-ssec.2) The application is taken to be withdrawn.\n(sec.308-ssec.3) The chief executive must give written notice about the withdrawal of the application to the person and the funded non-government service provider who made the application.\n- (a) before the commencement an exemption notice application was made about a person; and\n- (b) immediately before the commencement the application has not been decided or withdrawn; and\n- (c) at the commencement— (i) the person is a new relevant disqualified person; or (ii) the person is charged with a new disqualifying offence.\n- (i) the person is a new relevant disqualified person; or\n- (ii) the person is charged with a new disqualifying offence.\n- (i) the person is a new relevant disqualified person; or\n- (ii) the person is charged with a new disqualifying offence.","sortOrder":466},{"sectionNumber":"sec.309","sectionType":"section","heading":"Existing exemption notice application if person is new disqualified person but not new relevant disqualified person","content":"### sec.309 Existing exemption notice application if person is new disqualified person but not new relevant disqualified person\n\nThis section applies if—\nbefore the commencement an exemption notice application was made about a person; and\nimmediately before the commencement the application had not been decided or withdrawn; and\nat the commencement the person is a new disqualified person but not a new relevant disqualified person.\nAt the commencement the chief executive must decide the application under the amended Act.\nHowever, if before the commencement the chief executive had under section 82 cancelled a negative exemption notice issued to the person, on the commencement section 54(6)(a) does not apply to the chief executive making the decision.\nThe chief executive may only act under section 61(3) if the chief executive has acted under section 62 after the commencement.\ns 309 ins 2013 No. 14 s 31\n(sec.309-ssec.1) This section applies if— before the commencement an exemption notice application was made about a person; and immediately before the commencement the application had not been decided or withdrawn; and at the commencement the person is a new disqualified person but not a new relevant disqualified person.\n(sec.309-ssec.2) At the commencement the chief executive must decide the application under the amended Act.\n(sec.309-ssec.3) However, if before the commencement the chief executive had under section 82 cancelled a negative exemption notice issued to the person, on the commencement section 54(6)(a) does not apply to the chief executive making the decision.\n(sec.309-ssec.4) The chief executive may only act under section 61(3) if the chief executive has acted under section 62 after the commencement.\n- (a) before the commencement an exemption notice application was made about a person; and\n- (b) immediately before the commencement the application had not been decided or withdrawn; and\n- (c) at the commencement the person is a new disqualified person but not a new relevant disqualified person.","sortOrder":467},{"sectionNumber":"sec.310","sectionType":"section","heading":"Other existing exemption notice applications","content":"### sec.310 Other existing exemption notice applications\n\nThis section applies if—\nbefore the commencement an exemption notice application was made about a person; and\nimmediately before the commencement the application had not been decided or withdrawn; and\nsection 308 or 309 does not apply.\nAt the commencement the chief executive must decide the application under the amended Act.\nAlso, the chief executive may only act under section 61(3) if the chief executive has acted under section 62 after the commencement.\ns 310 ins 2013 No. 14 s 31\n(sec.310-ssec.1) This section applies if— before the commencement an exemption notice application was made about a person; and immediately before the commencement the application had not been decided or withdrawn; and section 308 or 309 does not apply.\n(sec.310-ssec.2) At the commencement the chief executive must decide the application under the amended Act.\n(sec.310-ssec.3) Also, the chief executive may only act under section 61(3) if the chief executive has acted under section 62 after the commencement.\n- (a) before the commencement an exemption notice application was made about a person; and\n- (b) immediately before the commencement the application had not been decided or withdrawn; and\n- (c) section 308 or 309 does not apply.","sortOrder":468},{"sectionNumber":"sec.311","sectionType":"section","heading":"Current positive exemption notice for person whose CCYPCG positive notice is cancelled","content":"### sec.311 Current positive exemption notice for person whose CCYPCG positive notice is cancelled\n\nThis section applies if—\nbefore the commencement a person held a positive exemption notice; and\nimmediately before the commencement the notice was current; and\nat the commencement the person no longer holds a CCYPCG positive notice.\nAt the commencement the person’s positive exemption notice ceases to have effect under section 64.\nSection 90 applies in relation to the positive exemption notice.\nSection 90(2) requires the chief executive to give notice to a person if the person’s positive exemption notice has ceased to have effect under section 64.\nSection 90(5) requires the person to return their positive exemption notice to the chief executive.\nAlso, if the person’s positive exemption notice was suspended under section 88 immediately before the commencement, any application for the cancellation of the suspension under section 89 that has not been decided or withdrawn at the commencement is taken to have been withdrawn.\nThe chief executive must give written notice about the withdrawal of the application under subsection (4) to the person and the funded non-government service provider who made the application.\ns 311 ins 2013 No. 14 s 31\n(sec.311-ssec.1) This section applies if— before the commencement a person held a positive exemption notice; and immediately before the commencement the notice was current; and at the commencement the person no longer holds a CCYPCG positive notice.\n(sec.311-ssec.2) At the commencement the person’s positive exemption notice ceases to have effect under section 64.\n(sec.311-ssec.3) Section 90 applies in relation to the positive exemption notice. Section 90(2) requires the chief executive to give notice to a person if the person’s positive exemption notice has ceased to have effect under section 64. Section 90(5) requires the person to return their positive exemption notice to the chief executive.\n(sec.311-ssec.4) Also, if the person’s positive exemption notice was suspended under section 88 immediately before the commencement, any application for the cancellation of the suspension under section 89 that has not been decided or withdrawn at the commencement is taken to have been withdrawn.\n(sec.311-ssec.5) The chief executive must give written notice about the withdrawal of the application under subsection (4) to the person and the funded non-government service provider who made the application.\n- (a) before the commencement a person held a positive exemption notice; and\n- (b) immediately before the commencement the notice was current; and\n- (c) at the commencement the person no longer holds a CCYPCG positive notice.\n- 1 Section 90(2) requires the chief executive to give notice to a person if the person’s positive exemption notice has ceased to have effect under section 64.\n- 2 Section 90(5) requires the person to return their positive exemption notice to the chief executive.","sortOrder":469},{"sectionNumber":"sec.312","sectionType":"section","heading":"Other positive exemption notices","content":"### sec.312 Other positive exemption notices\n\nThis section applies if—\nbefore the commencement a person held a positive exemption notice; and\nimmediately before the commencement the notice was current; and\nsection 311 does not apply.\nAt the commencement the amended Act applies to the positive exemption notice.\ns 312 ins 2013 No. 14 s 31\n(sec.312-ssec.1) This section applies if— before the commencement a person held a positive exemption notice; and immediately before the commencement the notice was current; and section 311 does not apply.\n(sec.312-ssec.2) At the commencement the amended Act applies to the positive exemption notice.\n- (a) before the commencement a person held a positive exemption notice; and\n- (b) immediately before the commencement the notice was current; and\n- (c) section 311 does not apply.","sortOrder":470},{"sectionNumber":"sec.313","sectionType":"section","heading":"Existing applications to cancel negative notice or negative exemption notice","content":"### sec.313 Existing applications to cancel negative notice or negative exemption notice\n\nThis section applies if—\nbefore the commencement a person had applied to the chief executive to cancel the person’s negative notice or negative exemption notice under section 82; and\nimmediately before the commencement, the application had not been decided.\nAt the commencement—\nif the person is a new relevant disqualified person—\nthe application is taken to be withdrawn; and\nthe chief executive must give written notice about the withdrawal of the application to the person; or\nif the person is not a new relevant disqualified person—the chief executive must decide the application under the amended Act.\ns 313 ins 2013 No. 14 s 31\n(sec.313-ssec.1) This section applies if— before the commencement a person had applied to the chief executive to cancel the person’s negative notice or negative exemption notice under section 82; and immediately before the commencement, the application had not been decided.\n(sec.313-ssec.2) At the commencement— if the person is a new relevant disqualified person— the application is taken to be withdrawn; and the chief executive must give written notice about the withdrawal of the application to the person; or if the person is not a new relevant disqualified person—the chief executive must decide the application under the amended Act.\n- (a) before the commencement a person had applied to the chief executive to cancel the person’s negative notice or negative exemption notice under section 82; and\n- (b) immediately before the commencement, the application had not been decided.\n- (a) if the person is a new relevant disqualified person— (i) the application is taken to be withdrawn; and (ii) the chief executive must give written notice about the withdrawal of the application to the person; or\n- (i) the application is taken to be withdrawn; and\n- (ii) the chief executive must give written notice about the withdrawal of the application to the person; or\n- (b) if the person is not a new relevant disqualified person—the chief executive must decide the application under the amended Act.\n- (i) the application is taken to be withdrawn; and\n- (ii) the chief executive must give written notice about the withdrawal of the application to the person; or","sortOrder":471},{"sectionNumber":"sec.314","sectionType":"section","heading":"Existing application to end suspension of positive notice for person other than new relevant disqualified person","content":"### sec.314 Existing application to end suspension of positive notice for person other than new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a person had applied to the chief executive to cancel the person’s suspended positive notice under section 87; and\nimmediately before the commencement the application had not been decided; and\nat the commencement the person is not a new relevant disqualified person.\nAt the commencement the chief executive must decide the application under the amended Act.\ns 314 ins 2013 No. 14 s 31\n(sec.314-ssec.1) This section applies if— before the commencement a person had applied to the chief executive to cancel the person’s suspended positive notice under section 87; and immediately before the commencement the application had not been decided; and at the commencement the person is not a new relevant disqualified person.\n(sec.314-ssec.2) At the commencement the chief executive must decide the application under the amended Act.\n- (a) before the commencement a person had applied to the chief executive to cancel the person’s suspended positive notice under section 87; and\n- (b) immediately before the commencement the application had not been decided; and\n- (c) at the commencement the person is not a new relevant disqualified person.","sortOrder":472},{"sectionNumber":"sec.315","sectionType":"section","heading":"Existing application to end suspension of positive exemption notice for person other than new relevant disqualified person","content":"### sec.315 Existing application to end suspension of positive exemption notice for person other than new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a person had applied to the chief executive to cancel the person’s suspended positive exemption notice under section 89; and\nimmediately before the commencement the application had not been decided; and\nat the commencement the person is not a new relevant disqualified person.\nAt the commencement the chief executive must decide the application under the amended Act.\ns 315 ins 2013 No. 14 s 31\n(sec.315-ssec.1) This section applies if— before the commencement a person had applied to the chief executive to cancel the person’s suspended positive exemption notice under section 89; and immediately before the commencement the application had not been decided; and at the commencement the person is not a new relevant disqualified person.\n(sec.315-ssec.2) At the commencement the chief executive must decide the application under the amended Act.\n- (a) before the commencement a person had applied to the chief executive to cancel the person’s suspended positive exemption notice under section 89; and\n- (b) immediately before the commencement the application had not been decided; and\n- (c) at the commencement the person is not a new relevant disqualified person.","sortOrder":473},{"sectionNumber":"sec.316","sectionType":"section","heading":"Existing eligibility application","content":"### sec.316 Existing eligibility application\n\nThis section applies if—\nbefore the commencement a person had made an eligibility application to the chief executive under section 99; and\nimmediately before the commencement the person’s eligibility application had not been decided or withdrawn.\nAt the commencement the chief executive must decide the application under the amended Act.\nThe chief executive may issue an eligibility declaration if the person has been convicted of a disqualifying offence and is not a relevant disqualified person. See section 101(1).\ns 316 ins 2013 No. 14 s 31\n(sec.316-ssec.1) This section applies if— before the commencement a person had made an eligibility application to the chief executive under section 99; and immediately before the commencement the person’s eligibility application had not been decided or withdrawn.\n(sec.316-ssec.2) At the commencement the chief executive must decide the application under the amended Act. The chief executive may issue an eligibility declaration if the person has been convicted of a disqualifying offence and is not a relevant disqualified person. See section 101(1).\n- (a) before the commencement a person had made an eligibility application to the chief executive under section 99; and\n- (b) immediately before the commencement the person’s eligibility application had not been decided or withdrawn.","sortOrder":474},{"sectionNumber":"sec.317","sectionType":"section","heading":"Current eligibility declaration for new relevant disqualified person or person charged with new disqualifying offence","content":"### sec.317 Current eligibility declaration for new relevant disqualified person or person charged with new disqualifying offence\n\nThis section applies to a person if—\nbefore the commencement the chief executive had issued, or was taken to have issued, the person an eligibility declaration; and\nimmediately before the commencement the person’s eligibility declaration had not expired; and\nat the commencement the person—\nis a new relevant disqualified person; or\nis charged with a new disqualifying offence.\nAt the commencement the person’s eligibility declaration is taken to have expired.\nIf the person also holds a positive notice, see sections 305 and 307.\ns 317 ins 2013 No. 14 s 31\n(sec.317-ssec.1) This section applies to a person if— before the commencement the chief executive had issued, or was taken to have issued, the person an eligibility declaration; and immediately before the commencement the person’s eligibility declaration had not expired; and at the commencement the person— is a new relevant disqualified person; or is charged with a new disqualifying offence.\n(sec.317-ssec.2) At the commencement the person’s eligibility declaration is taken to have expired. If the person also holds a positive notice, see sections 305 and 307.\n- (a) before the commencement the chief executive had issued, or was taken to have issued, the person an eligibility declaration; and\n- (b) immediately before the commencement the person’s eligibility declaration had not expired; and\n- (c) at the commencement the person— (i) is a new relevant disqualified person; or (ii) is charged with a new disqualifying offence.\n- (i) is a new relevant disqualified person; or\n- (ii) is charged with a new disqualifying offence.\n- (i) is a new relevant disqualified person; or\n- (ii) is charged with a new disqualifying offence.","sortOrder":475},{"sectionNumber":"sec.318","sectionType":"section","heading":"Current eligibility declaration for person convicted of new serious offence","content":"### sec.318 Current eligibility declaration for person convicted of new serious offence\n\nThis section applies to a person if—\nbefore the commencement the chief executive had issued, or was taken to have issued, the person an eligibility declaration; and\nimmediately before the commencement the person’s eligibility declaration had not expired; and\nbefore the commencement the person was convicted of a new serious offence.\nAt the commencement—\nthe amended Act applies to the person’s eligibility declaration; and\nthe person’s eligibility declaration is taken to have been issued on the commencement.\nIf, after the commencement, the chief executive is to make a decision about the person under section 54, and it is the first time the chief executive is to make a decision under that section about the person after the commencement, section 54(6)(b) does not apply to the chief executive making the decision.\ns 318 ins 2013 No. 14 s 31\n(sec.318-ssec.1) This section applies to a person if— before the commencement the chief executive had issued, or was taken to have issued, the person an eligibility declaration; and immediately before the commencement the person’s eligibility declaration had not expired; and before the commencement the person was convicted of a new serious offence.\n(sec.318-ssec.2) At the commencement— the amended Act applies to the person’s eligibility declaration; and the person’s eligibility declaration is taken to have been issued on the commencement.\n(sec.318-ssec.3) If, after the commencement, the chief executive is to make a decision about the person under section 54, and it is the first time the chief executive is to make a decision under that section about the person after the commencement, section 54(6)(b) does not apply to the chief executive making the decision.\n- (a) before the commencement the chief executive had issued, or was taken to have issued, the person an eligibility declaration; and\n- (b) immediately before the commencement the person’s eligibility declaration had not expired; and\n- (c) before the commencement the person was convicted of a new serious offence.\n- (a) the amended Act applies to the person’s eligibility declaration; and\n- (b) the person’s eligibility declaration is taken to have been issued on the commencement.","sortOrder":476},{"sectionNumber":"sec.319","sectionType":"section","heading":"Other eligibility declarations","content":"### sec.319 Other eligibility declarations\n\nThis section applies to a person if—\nbefore the commencement the chief executive had issued, or was taken to have issued, the person an eligibility declaration; and\nimmediately before the commencement the person’s eligibility declaration had not expired; and\nat the commencement section 317 or 318 does not apply.\nAt the commencement the amended Act applies to the person’s eligibility declaration.\ns 319 ins 2013 No. 14 s 31\n(sec.319-ssec.1) This section applies to a person if— before the commencement the chief executive had issued, or was taken to have issued, the person an eligibility declaration; and immediately before the commencement the person’s eligibility declaration had not expired; and at the commencement section 317 or 318 does not apply.\n(sec.319-ssec.2) At the commencement the amended Act applies to the person’s eligibility declaration.\n- (a) before the commencement the chief executive had issued, or was taken to have issued, the person an eligibility declaration; and\n- (b) immediately before the commencement the person’s eligibility declaration had not expired; and\n- (c) at the commencement section 317 or 318 does not apply.","sortOrder":477},{"sectionNumber":"sec.320","sectionType":"section","heading":"Existing application for reversal of decision refusing an eligibility declaration","content":"### sec.320 Existing application for reversal of decision refusing an eligibility declaration\n\nThis section applies if—\nbefore the commencement a person had made an application under section 107(2) to the chief executive; and\nimmediately before the commencement the application had not been decided.\nAt the commencement the amended Act applies and the chief executive may decide the application under the amended Act.\ns 320 ins 2013 No. 14 s 31\n(sec.320-ssec.1) This section applies if— before the commencement a person had made an application under section 107(2) to the chief executive; and immediately before the commencement the application had not been decided.\n(sec.320-ssec.2) At the commencement the amended Act applies and the chief executive may decide the application under the amended Act.\n- (a) before the commencement a person had made an application under section 107(2) to the chief executive; and\n- (b) immediately before the commencement the application had not been decided.","sortOrder":478},{"sectionNumber":"sec.321","sectionType":"section","heading":"Undecided reviews and appeals by new disqualified persons","content":"### sec.321 Undecided reviews and appeals by new disqualified persons\n\nThis section applies if—\nbefore the commencement, a person—\napplied, under section 109, for a review of a part 5 reviewable decision; or\nappealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\nat the commencement—\nthe application or appeal has not been decided; and\nthe person is a new disqualified person.\nThe application or appeal, and any proceeding in relation to the application or appeal, must be dismissed—\nif a proceeding in relation to the application or appeal is before a court—by the court; or\notherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.\ns 321 ins 2013 No. 14 s 31\n(sec.321-ssec.1) This section applies if— before the commencement, a person— applied, under section 109, for a review of a part 5 reviewable decision; or appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and at the commencement— the application or appeal has not been decided; and the person is a new disqualified person.\n(sec.321-ssec.2) The application or appeal, and any proceeding in relation to the application or appeal, must be dismissed— if a proceeding in relation to the application or appeal is before a court—by the court; or otherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.\n- (a) before the commencement, a person— (i) applied, under section 109, for a review of a part 5 reviewable decision; or (ii) appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\n- (i) applied, under section 109, for a review of a part 5 reviewable decision; or\n- (ii) appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\n- (b) at the commencement— (i) the application or appeal has not been decided; and (ii) the person is a new disqualified person.\n- (i) the application or appeal has not been decided; and\n- (ii) the person is a new disqualified person.\n- (i) applied, under section 109, for a review of a part 5 reviewable decision; or\n- (ii) appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\n- (i) the application or appeal has not been decided; and\n- (ii) the person is a new disqualified person.\n- (a) if a proceeding in relation to the application or appeal is before a court—by the court; or\n- (b) otherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.","sortOrder":479},{"sectionNumber":"sec.322","sectionType":"section","heading":"Review of part 5 reviewable decision about new disqualified person","content":"### sec.322 Review of part 5 reviewable decision about new disqualified person\n\nThis section applies if—\nbefore the commencement—\nthe chief executive makes a part 5 reviewable decision about a person; and\nthe person has not applied for a review of the decision under section 109; and\nthe person is a new disqualified person at the commencement.\nAt the commencement, the amended Act applies.\nUnder section 109, only a person who is not a disqualified person may apply for a review of a part 5 reviewable decision.\ns 322 ins 2013 No. 14 s 31\n(sec.322-ssec.1) This section applies if— before the commencement— the chief executive makes a part 5 reviewable decision about a person; and the person has not applied for a review of the decision under section 109; and the person is a new disqualified person at the commencement.\n(sec.322-ssec.2) At the commencement, the amended Act applies. Under section 109, only a person who is not a disqualified person may apply for a review of a part 5 reviewable decision.\n- (a) before the commencement— (i) the chief executive makes a part 5 reviewable decision about a person; and (ii) the person has not applied for a review of the decision under section 109; and\n- (i) the chief executive makes a part 5 reviewable decision about a person; and\n- (ii) the person has not applied for a review of the decision under section 109; and\n- (b) the person is a new disqualified person at the commencement.\n- (i) the chief executive makes a part 5 reviewable decision about a person; and\n- (ii) the person has not applied for a review of the decision under section 109; and","sortOrder":480},{"sectionNumber":"sec.323","sectionType":"section","heading":"Appeal by new disqualified person against decision of tribunal on review of part 5 reviewable decision","content":"### sec.323 Appeal by new disqualified person against decision of tribunal on review of part 5 reviewable decision\n\nThis section applies if—\nbefore the commencement, a person may appeal under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision; and\nat the commencement—\nthe time within which the person may appeal under the QCAT Act has not passed; and\nthe person is a new disqualified person.\nAny appeal by the person against the decision must be dismissed—\nif a proceeding in relation to the appeal is before a court—by the court; or\notherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.\ns 323 ins 2013 No. 14 s 31\n(sec.323-ssec.1) This section applies if— before the commencement, a person may appeal under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision; and at the commencement— the time within which the person may appeal under the QCAT Act has not passed; and the person is a new disqualified person.\n(sec.323-ssec.2) Any appeal by the person against the decision must be dismissed— if a proceeding in relation to the appeal is before a court—by the court; or otherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.\n- (a) before the commencement, a person may appeal under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision; and\n- (b) at the commencement— (i) the time within which the person may appeal under the QCAT Act has not passed; and (ii) the person is a new disqualified person.\n- (i) the time within which the person may appeal under the QCAT Act has not passed; and\n- (ii) the person is a new disqualified person.\n- (i) the time within which the person may appeal under the QCAT Act has not passed; and\n- (ii) the person is a new disqualified person.\n- (a) if a proceeding in relation to the appeal is before a court—by the court; or\n- (b) otherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.","sortOrder":481},{"sectionNumber":"sec.324","sectionType":"section","heading":"Existing appeal by chief executive against decision of tribunal on review of part 5 reviewable decision","content":"### sec.324 Existing appeal by chief executive against decision of tribunal on review of part 5 reviewable decision\n\nThis section applies if—\nbefore the commencement, the chief executive appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision about a person; and\nat the commencement—\nthe appeal has not been decided; and\nthe person is a new disqualified person.\nThe entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal.\ns 324 ins 2013 No. 14 s 31\n(sec.324-ssec.1) This section applies if— before the commencement, the chief executive appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision about a person; and at the commencement— the appeal has not been decided; and the person is a new disqualified person.\n(sec.324-ssec.2) The entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal.\n- (a) before the commencement, the chief executive appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision about a person; and\n- (b) at the commencement— (i) the appeal has not been decided; and (ii) the person is a new disqualified person.\n- (i) the appeal has not been decided; and\n- (ii) the person is a new disqualified person.\n- (i) the appeal has not been decided; and\n- (ii) the person is a new disqualified person.","sortOrder":482},{"sectionNumber":"sec.325","sectionType":"section","heading":"Appeal by chief executive against decision of tribunal on review of part 5 reviewable decision","content":"### sec.325 Appeal by chief executive against decision of tribunal on review of part 5 reviewable decision\n\nThis section applies if—\nbefore the commencement, the chief executive may appeal under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision about a person; and\nat the commencement—\nthe time within which the chief executive may appeal under the QCAT Act (the appeal period ) has not passed; and\nthe person is a new disqualified person.\nThe chief executive may appeal against the decision within the appeal period and the entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal.\ns 325 ins 2013 No. 14 s 31\n(sec.325-ssec.1) This section applies if— before the commencement, the chief executive may appeal under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision about a person; and at the commencement— the time within which the chief executive may appeal under the QCAT Act (the appeal period ) has not passed; and the person is a new disqualified person.\n(sec.325-ssec.2) The chief executive may appeal against the decision within the appeal period and the entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal.\n- (a) before the commencement, the chief executive may appeal under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision about a person; and\n- (b) at the commencement— (i) the time within which the chief executive may appeal under the QCAT Act (the appeal period ) has not passed; and (ii) the person is a new disqualified person.\n- (i) the time within which the chief executive may appeal under the QCAT Act (the appeal period ) has not passed; and\n- (ii) the person is a new disqualified person.\n- (i) the time within which the chief executive may appeal under the QCAT Act (the appeal period ) has not passed; and\n- (ii) the person is a new disqualified person.","sortOrder":483},{"sectionNumber":"sec.326","sectionType":"section","heading":"Existing reviews and appeals against part 5 reviewable decisions by persons other than new disqualified persons","content":"### sec.326 Existing reviews and appeals against part 5 reviewable decisions by persons other than new disqualified persons\n\nThis section applies if—\nbefore the commencement—\na person applied, under section 109, for a review of a part 5 reviewable decision; or\nthe chief executive or another person appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\nat the commencement—\nthe review or appeal has not been decided; and\nthe person about whom the part 5 reviewable decision was made is not a new disqualified person.\nThe entity hearing the review or appeal must apply the amended Act in relation to the matter the subject of the review or appeal.\nTo remove any doubt, it is declared that section 110 applies in relation to the application for the review.\ns 326 ins 2013 No. 14 s 31\n(sec.326-ssec.1) This section applies if— before the commencement— a person applied, under section 109, for a review of a part 5 reviewable decision; or the chief executive or another person appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and at the commencement— the review or appeal has not been decided; and the person about whom the part 5 reviewable decision was made is not a new disqualified person.\n(sec.326-ssec.2) The entity hearing the review or appeal must apply the amended Act in relation to the matter the subject of the review or appeal.\n(sec.326-ssec.3) To remove any doubt, it is declared that section 110 applies in relation to the application for the review.\n- (a) before the commencement— (i) a person applied, under section 109, for a review of a part 5 reviewable decision; or (ii) the chief executive or another person appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\n- (i) a person applied, under section 109, for a review of a part 5 reviewable decision; or\n- (ii) the chief executive or another person appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\n- (b) at the commencement— (i) the review or appeal has not been decided; and (ii) the person about whom the part 5 reviewable decision was made is not a new disqualified person.\n- (i) the review or appeal has not been decided; and\n- (ii) the person about whom the part 5 reviewable decision was made is not a new disqualified person.\n- (i) a person applied, under section 109, for a review of a part 5 reviewable decision; or\n- (ii) the chief executive or another person appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\n- (i) the review or appeal has not been decided; and\n- (ii) the person about whom the part 5 reviewable decision was made is not a new disqualified person.","sortOrder":484},{"sectionNumber":"sec.327","sectionType":"section","heading":"Review of part 5 reviewable decision about person other than new disqualified person","content":"### sec.327 Review of part 5 reviewable decision about person other than new disqualified person\n\nThis section applies if—\nbefore the commencement—\nthe chief executive makes a part 5 reviewable decision about a person; and\nthe person has not applied for a review of the decision under section 109; and\nat the commencement—\nthe period within which the person could have applied for a review of the decision under section 109 (the review period ) has not passed; and\nthe person is not a new disqualified person.\nThe person may apply for a review of the decision under section 109 within the review period.\ns 327 ins 2013 No. 14 s 31\n(sec.327-ssec.1) This section applies if— before the commencement— the chief executive makes a part 5 reviewable decision about a person; and the person has not applied for a review of the decision under section 109; and at the commencement— the period within which the person could have applied for a review of the decision under section 109 (the review period ) has not passed; and the person is not a new disqualified person.\n(sec.327-ssec.2) The person may apply for a review of the decision under section 109 within the review period.\n- (a) before the commencement— (i) the chief executive makes a part 5 reviewable decision about a person; and (ii) the person has not applied for a review of the decision under section 109; and\n- (i) the chief executive makes a part 5 reviewable decision about a person; and\n- (ii) the person has not applied for a review of the decision under section 109; and\n- (b) at the commencement— (i) the period within which the person could have applied for a review of the decision under section 109 (the review period ) has not passed; and (ii) the person is not a new disqualified person.\n- (i) the period within which the person could have applied for a review of the decision under section 109 (the review period ) has not passed; and\n- (ii) the person is not a new disqualified person.\n- (i) the chief executive makes a part 5 reviewable decision about a person; and\n- (ii) the person has not applied for a review of the decision under section 109; and\n- (i) the period within which the person could have applied for a review of the decision under section 109 (the review period ) has not passed; and\n- (ii) the person is not a new disqualified person.","sortOrder":485},{"sectionNumber":"sec.328","sectionType":"section","heading":"Chief executive acting on own initiative","content":"### sec.328 Chief executive acting on own initiative\n\nThis section applies if—\nbefore the commencement the chief executive had started, on the chief executive’s own initiative, to exercise a power in relation to the following—\na person;\nan eligibility application;\na prescribed notice;\nan exemption notice; and\non the commencement the chief executive may exercise the power under the amended Act in relation to the person, application or notice.\nThe chief executive may exercise the power under the amended Act in relation to the person, application or notice.\ns 328 ins 2013 No. 14 s 31\n(sec.328-ssec.1) This section applies if— before the commencement the chief executive had started, on the chief executive’s own initiative, to exercise a power in relation to the following— a person; an eligibility application; a prescribed notice; an exemption notice; and on the commencement the chief executive may exercise the power under the amended Act in relation to the person, application or notice.\n(sec.328-ssec.2) The chief executive may exercise the power under the amended Act in relation to the person, application or notice.\n- (a) before the commencement the chief executive had started, on the chief executive’s own initiative, to exercise a power in relation to the following— (i) a person; (ii) an eligibility application; (iii) a prescribed notice; (iv) an exemption notice; and\n- (i) a person;\n- (ii) an eligibility application;\n- (iii) a prescribed notice;\n- (iv) an exemption notice; and\n- (b) on the commencement the chief executive may exercise the power under the amended Act in relation to the person, application or notice.\n- (i) a person;\n- (ii) an eligibility application;\n- (iii) a prescribed notice;\n- (iv) an exemption notice; and","sortOrder":486},{"sectionNumber":"sec.329","sectionType":"section","heading":"Disqualification orders for acts done or omissions made before commencement","content":"### sec.329 Disqualification orders for acts done or omissions made before commencement\n\nA court may make a disqualification order under section 137 in relation to a person convicted of an offence after the commencement arising out of an act done or omission made before the commencement.\ns 329 ins 2013 No. 14 s 31","sortOrder":487},{"sectionNumber":"sec.330","sectionType":"section","heading":"Effect of conviction or charge for new disqualifying offence","content":"### sec.330 Effect of conviction or charge for new disqualifying offence\n\nFor applying section 97(1)(a) and schedule 8, definition relevant disqualified person , paragraph (a), it is immaterial when the offence mentioned in the provision was committed or when the person to whom the provision applies was convicted.\nSection 86 applies in relation to a person who holds a current positive notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\nSection 88 applies in relation to a person who holds a current positive exemption notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\nWithout limiting this division, in applying the amended Act on and from the commencement, it is immaterial—\nwhen a new disqualifying offence or new serious offence was committed; or\nwhen a person was convicted of a new disqualifying offence or new serious offence; or\nwhen a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened.\nAn offence may have been committed, and the person convicted of the offence, before the commencement.\ns 330 ins 2013 No. 14 s 31\n(sec.330-ssec.1) For applying section 97(1)(a) and schedule 8, definition relevant disqualified person , paragraph (a), it is immaterial when the offence mentioned in the provision was committed or when the person to whom the provision applies was convicted.\n(sec.330-ssec.2) Section 86 applies in relation to a person who holds a current positive notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\n(sec.330-ssec.3) Section 88 applies in relation to a person who holds a current positive exemption notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\n(sec.330-ssec.4) Without limiting this division, in applying the amended Act on and from the commencement, it is immaterial— when a new disqualifying offence or new serious offence was committed; or when a person was convicted of a new disqualifying offence or new serious offence; or when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened. An offence may have been committed, and the person convicted of the offence, before the commencement.\n- (a) when a new disqualifying offence or new serious offence was committed; or\n- (b) when a person was convicted of a new disqualifying offence or new serious offence; or\n- (c) when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened.","sortOrder":488},{"sectionNumber":"pt.9-div.8","sectionType":"division","heading":"Transitional provision for Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014","content":"## Transitional provision for Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014","sortOrder":489},{"sectionNumber":"sec.331","sectionType":"section","heading":"Notice about use of restrictive practices","content":"### sec.331 Notice about use of restrictive practices\n\nThis section applies if on the commencement of this section a relevant service provider is using restrictive practices in relation to an adult with an intellectual or cognitive disability.\nSection 191 applies to the relevant service provider as if the relevant service provider was considering using restrictive practices in relation to the adult on the commencement of this section.\ns 331 ins 2014 No. 5 s 37\n(sec.331-ssec.1) This section applies if on the commencement of this section a relevant service provider is using restrictive practices in relation to an adult with an intellectual or cognitive disability.\n(sec.331-ssec.2) Section 191 applies to the relevant service provider as if the relevant service provider was considering using restrictive practices in relation to the adult on the commencement of this section.","sortOrder":490},{"sectionNumber":"pt.9-div.9","sectionType":"division","heading":"Transitional provisions for Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014","content":"## Transitional provisions for Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014","sortOrder":491},{"sectionNumber":"sec.332","sectionType":"section","heading":"Definitions for div 9","content":"### sec.332 Definitions for div 9\n\nIn this division—\namending Act means the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 .\nauthorised officer means a person appointed immediately before the commencement as an authorised officer under previous section 125.\ncommencement means the commencement of the provision in which the term is used.\nfunding agreement see previous section 56(1).\ninterim manager means a person appointed as interim manager under previous section 169.\nprevious , for a provision of this Act, means the provision as in force immediately before the commencement of the amending Act, section 73.\nunamended Act mean this Act as in force from time to time before the commencement.\ns 332 ins 2014 No. 12 s 73","sortOrder":492},{"sectionNumber":"sec.333","sectionType":"section","heading":"Funding agreements continue in force","content":"### sec.333 Funding agreements continue in force\n\nThis section applies if a funding agreement between the chief executive and a funded non-government service provider was in force immediately before the commencement.\nThe funding agreement continues in force despite the repeal, under the amending Act, of provisions of this Act relating to funding agreements.\nHowever, if the funding agreement contains a term mentioned in previous section 58(1)(j), on and from the commencement—\nthe term is of no effect; and\nthe agreement is taken to provide that—\nthe funded non-government service provider must comply with the Human Services Quality Standards; and\nrecurrent funding to the funded non-government service provider will stop if the service provider does not comply with the Human Services Quality Standards.\nAlso, on and from the commencement, a term of the funding agreement requiring the funded non-government service provider to obtain or maintain approval as an approved non-government service provider is of no effect.\nIn this section—\napproved non-government service provider see former section 16.\nHuman Services Quality Standards means the standards stated in the document called ‘Human Services Quality Standards’ published on the department’s website on the internet.\ns 333 ins 2014 No. 12 s 73\n(sec.333-ssec.1) This section applies if a funding agreement between the chief executive and a funded non-government service provider was in force immediately before the commencement.\n(sec.333-ssec.2) The funding agreement continues in force despite the repeal, under the amending Act, of provisions of this Act relating to funding agreements.\n(sec.333-ssec.3) However, if the funding agreement contains a term mentioned in previous section 58(1)(j), on and from the commencement— the term is of no effect; and the agreement is taken to provide that— the funded non-government service provider must comply with the Human Services Quality Standards; and recurrent funding to the funded non-government service provider will stop if the service provider does not comply with the Human Services Quality Standards.\n(sec.333-ssec.4) Also, on and from the commencement, a term of the funding agreement requiring the funded non-government service provider to obtain or maintain approval as an approved non-government service provider is of no effect.\n(sec.333-ssec.5) In this section— approved non-government service provider see former section 16. Human Services Quality Standards means the standards stated in the document called ‘Human Services Quality Standards’ published on the department’s website on the internet.\n- (a) the term is of no effect; and\n- (b) the agreement is taken to provide that— (i) the funded non-government service provider must comply with the Human Services Quality Standards; and (ii) recurrent funding to the funded non-government service provider will stop if the service provider does not comply with the Human Services Quality Standards.\n- (i) the funded non-government service provider must comply with the Human Services Quality Standards; and\n- (ii) recurrent funding to the funded non-government service provider will stop if the service provider does not comply with the Human Services Quality Standards.\n- (i) the funded non-government service provider must comply with the Human Services Quality Standards; and\n- (ii) recurrent funding to the funded non-government service provider will stop if the service provider does not comply with the Human Services Quality Standards.","sortOrder":493},{"sectionNumber":"sec.334","sectionType":"section","heading":"Obligation to enter agreement about assistance continues","content":"### sec.334 Obligation to enter agreement about assistance continues\n\nThis section applies if, immediately before the commencement, a non-government service provider who received funding after giving the written agreement mentioned in previous section 56(4)(a) has not complied with previous section 56(4)(b).\nThe chief executive must stop the funding if the non-government service provider does not enter into a funding agreement about the funding within the time stated in the written agreement given under previous section 56(4)(a).\ns 334 ins 2014 No. 12 s 73\n(sec.334-ssec.1) This section applies if, immediately before the commencement, a non-government service provider who received funding after giving the written agreement mentioned in previous section 56(4)(a) has not complied with previous section 56(4)(b).\n(sec.334-ssec.2) The chief executive must stop the funding if the non-government service provider does not enter into a funding agreement about the funding within the time stated in the written agreement given under previous section 56(4)(a).","sortOrder":494},{"sectionNumber":"sec.335","sectionType":"section","heading":"Contraventions of funding agreement or Act before commencement","content":"### sec.335 Contraventions of funding agreement or Act before commencement\n\nThis section applies if, before the commencement—\na funding agreement between the chief executive and a funded non-government service provider was contravened; or\na provision of the unamended Act related to the funding agreement mentioned in paragraph (a) was contravened.\nThe unamended Act continues to apply for the contravention as if the amending Act had not been enacted.\nWithout limiting subsection (2)—\nan authorised officer may exercise, or continue to exercise, powers under the unamended Act; and\na magistrate may hear and decide, or continue to hear and decide, an application for a warrant for a place under previous part 11, division 2, subdivision 2; and\nthe chief executive may give the funded non-government service provider a compliance notice under previous section 161; and\nif the service provider contravenes a compliance notice—\nthe service provider may be prosecuted for an offence against previous section 161(6); or\nthe chief executive may suspend or cancel funding to the service provider under previous section 161(8); and\nan interim manager may be appointed for the service provider under previous part 12.\nIn this section—\nauthorised officer means an authorised officer under the Community Services Act 2007 .\ns 335 ins 2014 No. 12 s 73\n(sec.335-ssec.1) This section applies if, before the commencement— a funding agreement between the chief executive and a funded non-government service provider was contravened; or a provision of the unamended Act related to the funding agreement mentioned in paragraph (a) was contravened.\n(sec.335-ssec.2) The unamended Act continues to apply for the contravention as if the amending Act had not been enacted.\n(sec.335-ssec.3) Without limiting subsection (2)— an authorised officer may exercise, or continue to exercise, powers under the unamended Act; and a magistrate may hear and decide, or continue to hear and decide, an application for a warrant for a place under previous part 11, division 2, subdivision 2; and the chief executive may give the funded non-government service provider a compliance notice under previous section 161; and if the service provider contravenes a compliance notice— the service provider may be prosecuted for an offence against previous section 161(6); or the chief executive may suspend or cancel funding to the service provider under previous section 161(8); and an interim manager may be appointed for the service provider under previous part 12.\n(sec.335-ssec.4) In this section— authorised officer means an authorised officer under the Community Services Act 2007 .\n- (a) a funding agreement between the chief executive and a funded non-government service provider was contravened; or\n- (b) a provision of the unamended Act related to the funding agreement mentioned in paragraph (a) was contravened.\n- (a) an authorised officer may exercise, or continue to exercise, powers under the unamended Act; and\n- (b) a magistrate may hear and decide, or continue to hear and decide, an application for a warrant for a place under previous part 11, division 2, subdivision 2; and\n- (c) the chief executive may give the funded non-government service provider a compliance notice under previous section 161; and\n- (d) if the service provider contravenes a compliance notice— (i) the service provider may be prosecuted for an offence against previous section 161(6); or (ii) the chief executive may suspend or cancel funding to the service provider under previous section 161(8); and\n- (i) the service provider may be prosecuted for an offence against previous section 161(6); or\n- (ii) the chief executive may suspend or cancel funding to the service provider under previous section 161(8); and\n- (e) an interim manager may be appointed for the service provider under previous part 12.\n- (i) the service provider may be prosecuted for an offence against previous section 161(6); or\n- (ii) the chief executive may suspend or cancel funding to the service provider under previous section 161(8); and","sortOrder":495},{"sectionNumber":"sec.336","sectionType":"section","heading":"Interim managers","content":"### sec.336 Interim managers\n\nThis section applies if—\nimmediately before the commencement, a person was appointed as an interim manager for a funded non-government service provider; or\nan interim manager is appointed for a funded non-government service provider under section 335.\nThe interim manager may exercise, or continue to exercise, a power under the unamended Act in relation to the service provider.\nFor the purposes of subsection (2), the unamended Act continues to apply to the interim manager’s appointment as if the amending Act had not been enacted.\ns 336 ins 2014 No. 12 s 73\n(sec.336-ssec.1) This section applies if— immediately before the commencement, a person was appointed as an interim manager for a funded non-government service provider; or an interim manager is appointed for a funded non-government service provider under section 335.\n(sec.336-ssec.2) The interim manager may exercise, or continue to exercise, a power under the unamended Act in relation to the service provider.\n(sec.336-ssec.3) For the purposes of subsection (2), the unamended Act continues to apply to the interim manager’s appointment as if the amending Act had not been enacted.\n- (a) immediately before the commencement, a person was appointed as an interim manager for a funded non-government service provider; or\n- (b) an interim manager is appointed for a funded non-government service provider under section 335.","sortOrder":496},{"sectionNumber":"sec.337","sectionType":"section","heading":"Confidentiality obligation continues to apply to authorised officers and interim managers","content":"### sec.337 Confidentiality obligation continues to apply to authorised officers and interim managers\n\nThis section applies to a person who is or has been either of the following under the unamended Act—\nan authorised officer;\nan interim manager.\nPrevious section 222 continues to apply to the person as if the amending Act had not been enacted.\ns 337 ins 2014 No. 12 s 73\n(sec.337-ssec.1) This section applies to a person who is or has been either of the following under the unamended Act— an authorised officer; an interim manager.\n(sec.337-ssec.2) Previous section 222 continues to apply to the person as if the amending Act had not been enacted.\n- (a) an authorised officer;\n- (b) an interim manager.","sortOrder":497},{"sectionNumber":"sec.338","sectionType":"section","heading":"Reviews","content":"### sec.338 Reviews\n\nThis section applies to a decision of the chief executive under this Act if, before the commencement, the decision was a reviewable decision.\nThe unamended Act continues to apply to the decision despite the enactment of the amending Act.\nWithout limiting subsection (2)—\nan interested person for the review decision made by the chief executive under previous section 211 may apply to QCAT for a review of the decision under previous section 212; and\nQCAT may hear and decide, or continue to hear and decide, an application for a review of the review decision under previous section 212.\nIn this section—\nreviewable decision means a decision stated in previous schedule 2.\ns 338 ins 2014 No. 12 s 73\n(sec.338-ssec.1) This section applies to a decision of the chief executive under this Act if, before the commencement, the decision was a reviewable decision.\n(sec.338-ssec.2) The unamended Act continues to apply to the decision despite the enactment of the amending Act.\n(sec.338-ssec.3) Without limiting subsection (2)— an interested person for the review decision made by the chief executive under previous section 211 may apply to QCAT for a review of the decision under previous section 212; and QCAT may hear and decide, or continue to hear and decide, an application for a review of the review decision under previous section 212.\n(sec.338-ssec.4) In this section— reviewable decision means a decision stated in previous schedule 2.\n- (a) an interested person for the review decision made by the chief executive under previous section 211 may apply to QCAT for a review of the decision under previous section 212; and\n- (b) QCAT may hear and decide, or continue to hear and decide, an application for a review of the review decision under previous section 212.","sortOrder":498},{"sectionNumber":"pt.9-div.10","sectionType":"division","heading":null,"content":"","sortOrder":499},{"sectionNumber":"sec.339","sectionType":"section","heading":null,"content":"### Section sec.339\n\ns 339 prev s 339 ins 2014 No. 12 s 73\nexp 2 July 2014 (see s 339(4))\npres s 339 ins 2016 No. 9 s 52\nom 2019 No. 19 s 45","sortOrder":500},{"sectionNumber":"sec.340","sectionType":"section","heading":null,"content":"### Section sec.340\n\ns 340 ins 2016 No. 9 s 52\nom 2019 No. 19 s 45","sortOrder":501},{"sectionNumber":"pt.9-div.11","sectionType":"division","heading":"Transitional provisions for Disability Services and Other Legislation (Worker Screening) Amendment Act 2018","content":"## Transitional provisions for Disability Services and Other Legislation (Worker Screening) Amendment Act 2018","sortOrder":502},{"sectionNumber":"sec.341","sectionType":"section","heading":"Definitions for division","content":"### sec.341 Definitions for division\n\nIn this division—\namending Act means the Disability Services and Other Legislation (Worker Screening) Amendment Act 2018 .\nunamended Act means this Act as in force immediately before the commencement.\ns 341 ins 2018 No. 19 s 33","sortOrder":503},{"sectionNumber":"sec.342","sectionType":"section","heading":"Prescribed notices or exemption notices issued to sole traders before commencement","content":"### sec.342 Prescribed notices or exemption notices issued to sole traders before commencement\n\nThis section applies if, before the commencement, the chief executive issued a prescribed notice or an exemption notice to a sole trader.\nThe prescribed notice or exemption notice is taken to be, and always to have been, as valid as if part 5, as in force immediately after the commencement, had been in force on the day the notice was given.\ns 342 ins 2018 No. 19 s 33\n(sec.342-ssec.1) This section applies if, before the commencement, the chief executive issued a prescribed notice or an exemption notice to a sole trader.\n(sec.342-ssec.2) The prescribed notice or exemption notice is taken to be, and always to have been, as valid as if part 5, as in force immediately after the commencement, had been in force on the day the notice was given.","sortOrder":504},{"sectionNumber":"sec.343","sectionType":"section","heading":"Certification by prescribed persons before commencement","content":"### sec.343 Certification by prescribed persons before commencement\n\nThis section applies if, before the commencement—\na sole trader applied under the unamended Act , section 52 or 59 for a prescribed notice or an exemption notice; and\na prescribed person certified that the prescribed person had sighted documents, relating to proof of the sole trader’s identity, prescribed by regulation.\nDespite the unamended Act—\nthe chief executive may, whether before of after the commencement, accept the certification by the prescribed person instead of by the NDIS non-government service provider as proof of the sole trader’s identity; and\nthe application, or prescribed notice or exemption notice issued by the chief executive as a result of the application (whether issued before or after the commencement), is not affected only because of a change to the entity certifying the documents.\ns 343 ins 2018 No. 19 s 33\n(sec.343-ssec.1) This section applies if, before the commencement— a sole trader applied under the unamended Act , section 52 or 59 for a prescribed notice or an exemption notice; and a prescribed person certified that the prescribed person had sighted documents, relating to proof of the sole trader’s identity, prescribed by regulation.\n(sec.343-ssec.2) Despite the unamended Act— the chief executive may, whether before of after the commencement, accept the certification by the prescribed person instead of by the NDIS non-government service provider as proof of the sole trader’s identity; and the application, or prescribed notice or exemption notice issued by the chief executive as a result of the application (whether issued before or after the commencement), is not affected only because of a change to the entity certifying the documents.\n- (a) a sole trader applied under the unamended Act , section 52 or 59 for a prescribed notice or an exemption notice; and\n- (b) a prescribed person certified that the prescribed person had sighted documents, relating to proof of the sole trader’s identity, prescribed by regulation.\n- (a) the chief executive may, whether before of after the commencement, accept the certification by the prescribed person instead of by the NDIS non-government service provider as proof of the sole trader’s identity; and\n- (b) the application, or prescribed notice or exemption notice issued by the chief executive as a result of the application (whether issued before or after the commencement), is not affected only because of a change to the entity certifying the documents.","sortOrder":505},{"sectionNumber":"sec.344","sectionType":"section","heading":"Delayed application of particular provisions","content":"### sec.344 Delayed application of particular provisions\n\nThis section applies to a person who is a sole trader if, before the commencement—\nthe person was providing disability services as an NDIS non-government service provider at a service outlet of the service provider; and\nthe person had applied for—\na prescribed notice under the unamended Act , section 52 ; or\na prescribed notice under the Working with Children Act , section 199 ; and\nthe application had not been decided.\nSections 67A and 67B do not apply to the person until the day that is 4 months after the commencement.\ns 344 ins 2018 No. 19 s 33\n(sec.344-ssec.1) This section applies to a person who is a sole trader if, before the commencement— the person was providing disability services as an NDIS non-government service provider at a service outlet of the service provider; and the person had applied for— a prescribed notice under the unamended Act , section 52 ; or a prescribed notice under the Working with Children Act , section 199 ; and the application had not been decided.\n(sec.344-ssec.2) Sections 67A and 67B do not apply to the person until the day that is 4 months after the commencement.\n- (a) the person was providing disability services as an NDIS non-government service provider at a service outlet of the service provider; and\n- (b) the person had applied for— (i) a prescribed notice under the unamended Act , section 52 ; or (ii) a prescribed notice under the Working with Children Act , section 199 ; and\n- (i) a prescribed notice under the unamended Act , section 52 ; or\n- (ii) a prescribed notice under the Working with Children Act , section 199 ; and\n- (c) the application had not been decided.\n- (i) a prescribed notice under the unamended Act , section 52 ; or\n- (ii) a prescribed notice under the Working with Children Act , section 199 ; and","sortOrder":506},{"sectionNumber":"pt.9-div.12","sectionType":"division","heading":"Transitional provisions for Disability Services and Other Legislation (NDIS) Amendment Act 2019","content":"## Transitional provisions for Disability Services and Other Legislation (NDIS) Amendment Act 2019","sortOrder":507},{"sectionNumber":"sec.345","sectionType":"section","heading":"Definitions for division","content":"### sec.345 Definitions for division\n\nIn this division—\namended Act means this Act as amended by the amending Act.\namending Act means the Disability Services and Other Legislation (NDIS) Amendment Act 2019 .\nformer , in relation to a provision, means as in force immediately before the provision was amended or repealed under the amending Act.\nnew disqualified person means a person who is a disqualified person only because the person has been convicted or is convicted of a new disqualifying offence.\nnew disqualifying offence means an offence that is a disqualifying offence under the amended Act but was not a disqualifying offence under this Act immediately before the commencement.\nnew relevant disqualified person means a person who is a relevant disqualified person only because the person has been or is convicted of a new disqualifying offence for which an imprisonment order was or is imposed.\nnew serious offence means an offence that is a serious offence under the amended Act but was not a serious offence under this Act immediately before the commencement.\ns 345 ins 2019 No. 19 s 46","sortOrder":508},{"sectionNumber":"sec.345A","sectionType":"section","heading":"Effect of pre-commencement charge for serious offence","content":"### sec.345A Effect of pre-commencement charge for serious offence\n\nThis section applies if a person is the subject of a charge for a serious offence that has not been dealt with on the commencement.\nFor applying the amended Act in relation to the person, the person is taken to have been charged with the offence on the commencement.\ns 345A ins 2019 No. 19 s 46\n(sec.345A-ssec.1) This section applies if a person is the subject of a charge for a serious offence that has not been dealt with on the commencement.\n(sec.345A-ssec.2) For applying the amended Act in relation to the person, the person is taken to have been charged with the offence on the commencement.","sortOrder":509},{"sectionNumber":"sec.345B","sectionType":"section","heading":"Effect of conviction or charge for new serious offence","content":"### sec.345B Effect of conviction or charge for new serious offence\n\nFor applying the amended Act in relation to a person convicted of a new serious offence, it is immaterial—\nwhen the offence was committed; or\nwhen the person was convicted of the offence.\nThe amended Act applies in relation to a person who is charged with a new serious offence, even if—\nthe person was charged before the commencement; or\nthe acts or omissions constituting the offence happened before the commencement.\ns 345B ins 2019 No. 19 s 46\n(sec.345B-ssec.1) For applying the amended Act in relation to a person convicted of a new serious offence, it is immaterial— when the offence was committed; or when the person was convicted of the offence.\n(sec.345B-ssec.2) The amended Act applies in relation to a person who is charged with a new serious offence, even if— the person was charged before the commencement; or the acts or omissions constituting the offence happened before the commencement.\n- (a) when the offence was committed; or\n- (b) when the person was convicted of the offence.\n- (a) the person was charged before the commencement; or\n- (b) the acts or omissions constituting the offence happened before the commencement.","sortOrder":510},{"sectionNumber":"sec.346","sectionType":"section","heading":"Effect of conviction or charge for new disqualifying offence","content":"### sec.346 Effect of conviction or charge for new disqualifying offence\n\nFor applying section 97(1)(a) and schedule 8, definition relevant disqualified person , paragraph (a) in relation to a person who has been or is convicted of a new disqualifying offence, it is immaterial when the offence was committed or the person was convicted.\nWithout limiting this division, in applying the amended Act from the commencement, it is immaterial—\nwhen a new disqualifying offence was committed; or\nwhen a person was convicted of a new disqualifying offence; or\nwhen a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened.\nAn offence may have been committed, and the person convicted of the offence, before the commencement.\nFor applying the amended Act to a current positive notice held by a person immediately before the commencement, a person the subject of a charge for a new disqualifying offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement.\ns 346 ins 2019 No. 19 s 46\n(sec.346-ssec.1) For applying section 97(1)(a) and schedule 8, definition relevant disqualified person , paragraph (a) in relation to a person who has been or is convicted of a new disqualifying offence, it is immaterial when the offence was committed or the person was convicted.\n(sec.346-ssec.2) Without limiting this division, in applying the amended Act from the commencement, it is immaterial— when a new disqualifying offence was committed; or when a person was convicted of a new disqualifying offence; or when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened. An offence may have been committed, and the person convicted of the offence, before the commencement.\n(sec.346-ssec.3) For applying the amended Act to a current positive notice held by a person immediately before the commencement, a person the subject of a charge for a new disqualifying offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement.\n- (a) when a new disqualifying offence was committed; or\n- (b) when a person was convicted of a new disqualifying offence; or\n- (c) when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened.","sortOrder":511},{"sectionNumber":"sec.346A","sectionType":"section","heading":"Effect of conviction for new disqualifying offence on existing positive notice or positive exemption notice","content":"### sec.346A Effect of conviction for new disqualifying offence on existing positive notice or positive exemption notice\n\nThis section applies if—\na person held a current positive notice or positive exemption notice immediately before the commencement; and\nthe person was convicted of a new disqualifying offence before the commencement.\nFor applying the amended Act to the person’s positive notice or positive exemption notice, the offence is taken to be, or to continue to be, a serious offence despite the enactment of the amending Act.\nWithout limiting subsection (2), if the person applies for another positive exemption notice after the commencement, or section 347, 348 or 349 applies in relation to the person—\nthe person’s conviction for the offence is taken to be, or to continue to be, a conviction for a serious offence; and\nthe person is taken not to be a disqualified person or relevant disqualified person in relation to the person’s conviction for the offence.\ns 346A ins 2019 No. 19 s 46\n(sec.346A-ssec.1) This section applies if— a person held a current positive notice or positive exemption notice immediately before the commencement; and the person was convicted of a new disqualifying offence before the commencement.\n(sec.346A-ssec.2) For applying the amended Act to the person’s positive notice or positive exemption notice, the offence is taken to be, or to continue to be, a serious offence despite the enactment of the amending Act.\n(sec.346A-ssec.3) Without limiting subsection (2), if the person applies for another positive exemption notice after the commencement, or section 347, 348 or 349 applies in relation to the person— the person’s conviction for the offence is taken to be, or to continue to be, a conviction for a serious offence; and the person is taken not to be a disqualified person or relevant disqualified person in relation to the person’s conviction for the offence.\n- (a) a person held a current positive notice or positive exemption notice immediately before the commencement; and\n- (b) the person was convicted of a new disqualifying offence before the commencement.\n- (a) the person’s conviction for the offence is taken to be, or to continue to be, a conviction for a serious offence; and\n- (b) the person is taken not to be a disqualified person or relevant disqualified person in relation to the person’s conviction for the offence.","sortOrder":512},{"sectionNumber":"sec.347","sectionType":"section","heading":"Particular existing prescribed notice applications and exemption notice applications","content":"### sec.347 Particular existing prescribed notice applications and exemption notice applications\n\nThis section applies if—\nbefore the commencement, a prescribed notice application or exemption notice application had been made about a person; and\nimmediately before the commencement, the application had not been decided or withdrawn; and\non the commencement—\nthe person is a new disqualified person; or\nthe person is the subject of a charge for a new disqualifying offence that has not been dealt with.\nThe prescribed notice application or exemption notice application is taken to be withdrawn.\nThe chief executive must give notice of the withdrawal to—\nthe person; and\nthe funded non-government service provider, or NDIS non-government service provider, that made the application.\ns 347 ins 2019 No. 19 s 46\n(sec.347-ssec.1) This section applies if— before the commencement, a prescribed notice application or exemption notice application had been made about a person; and immediately before the commencement, the application had not been decided or withdrawn; and on the commencement— the person is a new disqualified person; or the person is the subject of a charge for a new disqualifying offence that has not been dealt with.\n(sec.347-ssec.2) The prescribed notice application or exemption notice application is taken to be withdrawn.\n(sec.347-ssec.3) The chief executive must give notice of the withdrawal to— the person; and the funded non-government service provider, or NDIS non-government service provider, that made the application.\n- (a) before the commencement, a prescribed notice application or exemption notice application had been made about a person; and\n- (b) immediately before the commencement, the application had not been decided or withdrawn; and\n- (c) on the commencement— (i) the person is a new disqualified person; or (ii) the person is the subject of a charge for a new disqualifying offence that has not been dealt with.\n- (i) the person is a new disqualified person; or\n- (ii) the person is the subject of a charge for a new disqualifying offence that has not been dealt with.\n- (i) the person is a new disqualified person; or\n- (ii) the person is the subject of a charge for a new disqualifying offence that has not been dealt with.\n- (a) the person; and\n- (b) the funded non-government service provider, or NDIS non-government service provider, that made the application.","sortOrder":513},{"sectionNumber":"sec.348","sectionType":"section","heading":"Existing positive notice held by person convicted of new serious offence or new disqualifying offence","content":"### sec.348 Existing positive notice held by person convicted of new serious offence or new disqualifying offence\n\nThis section applies if—\nimmediately before the commencement, a person held a current positive notice; and\nbefore the commencement, the person was convicted of—\na new serious offence; or\na new disqualifying offence that is taken to be a serious offence under section 346A(2).\nSection 74 does not apply to the person in relation to the person’s conviction for the offence.\nThe chief executive must—\nconsider whether it is appropriate to cancel the person’s positive notice under this section because of the person’s conviction for the offence; and\ngive the person a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive notice.\nIf the person is engaged by a funded non-government service provider or an NDIS non-government service provider and is not a sole trader, the chief executive must give the service provider a notice mentioned in subsection (1B)(b).\nThe chief executive may cancel the positive notice and substitute a negative notice if satisfied that, if the chief executive were to decide a prescribed notice application about the person under the amended Act, the chief executive would issue a negative notice to the person.\nSee also section 85 for when the chief executive must cancel a positive notice held by a person who becomes a relevant disqualified person.\nSection 83(2), (3), (5) and (6) apply to the decision under subsection (2) as if a reference in section 83 to making a decision, or proposing to substitute a negative notice, were a reference to making a decision, or proposing to substitute a negative notice, under subsection (2).\nIf the chief executive decides not to cancel the person’s positive notice under this section, the chief executive must give the persons mentioned in subsection (5) a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive notice.\nFor subsection (4), the persons to whom the notice must be given are—\nthe person; and\neach service provider given a notice under subsection (1B).\ns 348 ins 2019 No. 19 s 46\n(sec.348-ssec.1) This section applies if— immediately before the commencement, a person held a current positive notice; and before the commencement, the person was convicted of— a new serious offence; or a new disqualifying offence that is taken to be a serious offence under section 346A(2).\n(sec.348-ssec.1A) Section 74 does not apply to the person in relation to the person’s conviction for the offence.\n(sec.348-ssec.1B) The chief executive must— consider whether it is appropriate to cancel the person’s positive notice under this section because of the person’s conviction for the offence; and give the person a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive notice.\n(sec.348-ssec.1C) If the person is engaged by a funded non-government service provider or an NDIS non-government service provider and is not a sole trader, the chief executive must give the service provider a notice mentioned in subsection (1B)(b).\n(sec.348-ssec.2) The chief executive may cancel the positive notice and substitute a negative notice if satisfied that, if the chief executive were to decide a prescribed notice application about the person under the amended Act, the chief executive would issue a negative notice to the person. See also section 85 for when the chief executive must cancel a positive notice held by a person who becomes a relevant disqualified person.\n(sec.348-ssec.3) Section 83(2), (3), (5) and (6) apply to the decision under subsection (2) as if a reference in section 83 to making a decision, or proposing to substitute a negative notice, were a reference to making a decision, or proposing to substitute a negative notice, under subsection (2).\n(sec.348-ssec.4) If the chief executive decides not to cancel the person’s positive notice under this section, the chief executive must give the persons mentioned in subsection (5) a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive notice.\n(sec.348-ssec.5) For subsection (4), the persons to whom the notice must be given are— the person; and each service provider given a notice under subsection (1B).\n- (a) immediately before the commencement, a person held a current positive notice; and\n- (b) before the commencement, the person was convicted of— (i) a new serious offence; or (ii) a new disqualifying offence that is taken to be a serious offence under section 346A(2).\n- (i) a new serious offence; or\n- (ii) a new disqualifying offence that is taken to be a serious offence under section 346A(2).\n- (i) a new serious offence; or\n- (ii) a new disqualifying offence that is taken to be a serious offence under section 346A(2).\n- (a) consider whether it is appropriate to cancel the person’s positive notice under this section because of the person’s conviction for the offence; and\n- (b) give the person a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive notice.\n- (a) the person; and\n- (b) each service provider given a notice under subsection (1B).","sortOrder":514},{"sectionNumber":"sec.349","sectionType":"section","heading":"Existing positive exemption notice held by person convicted of new serious offence or new disqualifying offence","content":"### sec.349 Existing positive exemption notice held by person convicted of new serious offence or new disqualifying offence\n\nThis section applies if—\nimmediately before the commencement, a person held a current positive exemption notice; and\nbefore the commencement, the person was convicted of—\na new serious offence; or\na new disqualifying offence that is taken to be a serious offence under section 346A(2).\nSection 74 does not apply to the person in relation to the person’s conviction for the offence.\nThe chief executive must—\nconsider whether it is appropriate to cancel the person’s positive exemption notice under this section because of the person’s conviction for the offence; and\ngive the person a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive exemption notice.\nIf the person is engaged by a funded non-government service provider or an NDIS non-government service provider and is not a sole trader, the chief executive must give the service provider a notice mentioned in subsection (1B)(b).\nThe chief executive may cancel the positive exemption notice and substitute a negative exemption notice if satisfied that, if the chief executive were to decide an exemption notice application about the person under the amended Act, the chief executive would issue a negative exemption notice to the person.\nSee also section 64(2) for the currency of a positive exemption notice.\nSection 84(2), (3), (5) and (6) apply to the decision under subsection (2) as if a reference in section 84 to making a decision, or proposing to substitute a negative exemption notice, were a reference to making a decision, or proposing to substitute a negative exemption notice, under subsection (2).\nIf the chief executive decides not to cancel the person’s positive exemption notice under this section, the chief executive must give the persons mentioned in subsection (5) a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive exemption notice.\nFor subsection (4), the persons to whom the notice must be given are—\nthe person; and\neach service provider given a notice under subsection (1B).\ns 349 ins 2019 No. 19 s 46\n(sec.349-ssec.1) This section applies if— immediately before the commencement, a person held a current positive exemption notice; and before the commencement, the person was convicted of— a new serious offence; or a new disqualifying offence that is taken to be a serious offence under section 346A(2).\n(sec.349-ssec.1A) Section 74 does not apply to the person in relation to the person’s conviction for the offence.\n(sec.349-ssec.1B) The chief executive must— consider whether it is appropriate to cancel the person’s positive exemption notice under this section because of the person’s conviction for the offence; and give the person a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive exemption notice.\n(sec.349-ssec.1C) If the person is engaged by a funded non-government service provider or an NDIS non-government service provider and is not a sole trader, the chief executive must give the service provider a notice mentioned in subsection (1B)(b).\n(sec.349-ssec.2) The chief executive may cancel the positive exemption notice and substitute a negative exemption notice if satisfied that, if the chief executive were to decide an exemption notice application about the person under the amended Act, the chief executive would issue a negative exemption notice to the person. See also section 64(2) for the currency of a positive exemption notice.\n(sec.349-ssec.3) Section 84(2), (3), (5) and (6) apply to the decision under subsection (2) as if a reference in section 84 to making a decision, or proposing to substitute a negative exemption notice, were a reference to making a decision, or proposing to substitute a negative exemption notice, under subsection (2).\n(sec.349-ssec.4) If the chief executive decides not to cancel the person’s positive exemption notice under this section, the chief executive must give the persons mentioned in subsection (5) a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive exemption notice.\n(sec.349-ssec.5) For subsection (4), the persons to whom the notice must be given are— the person; and each service provider given a notice under subsection (1B).\n- (a) immediately before the commencement, a person held a current positive exemption notice; and\n- (b) before the commencement, the person was convicted of— (i) a new serious offence; or (ii) a new disqualifying offence that is taken to be a serious offence under section 346A(2).\n- (i) a new serious offence; or\n- (ii) a new disqualifying offence that is taken to be a serious offence under section 346A(2).\n- (i) a new serious offence; or\n- (ii) a new disqualifying offence that is taken to be a serious offence under section 346A(2).\n- (a) consider whether it is appropriate to cancel the person’s positive exemption notice under this section because of the person’s conviction for the offence; and\n- (b) give the person a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive exemption notice.\n- (a) the person; and\n- (b) each service provider given a notice under subsection (1B).","sortOrder":515},{"sectionNumber":"sec.350","sectionType":"section","heading":"Existing applications to cancel negative notices or negative exemption notices","content":"### sec.350 Existing applications to cancel negative notices or negative exemption notices\n\nThis section applies if—\nbefore the commencement, a person had applied to the chief executive under section 82 to cancel the person’s negative notice or negative exemption notice; and\nimmediately before the commencement, the application had not been decided.\nIf, on the commencement, the person is a new relevant disqualified person—\nthe application is taken to be withdrawn; and\nthe chief executive must give the person notice of the withdrawal.\nIf, on the commencement, the person is not a new relevant disqualified person, the chief executive must decide the application under the amended Act.\ns 350 ins 2019 No. 19 s 46\n(sec.350-ssec.1) This section applies if— before the commencement, a person had applied to the chief executive under section 82 to cancel the person’s negative notice or negative exemption notice; and immediately before the commencement, the application had not been decided.\n(sec.350-ssec.2) If, on the commencement, the person is a new relevant disqualified person— the application is taken to be withdrawn; and the chief executive must give the person notice of the withdrawal.\n(sec.350-ssec.3) If, on the commencement, the person is not a new relevant disqualified person, the chief executive must decide the application under the amended Act.\n- (a) before the commencement, a person had applied to the chief executive under section 82 to cancel the person’s negative notice or negative exemption notice; and\n- (b) immediately before the commencement, the application had not been decided.\n- (a) the application is taken to be withdrawn; and\n- (b) the chief executive must give the person notice of the withdrawal.","sortOrder":516},{"sectionNumber":"sec.351","sectionType":"section","heading":"Particular existing applications to end suspension of positive notices","content":"### sec.351 Particular existing applications to end suspension of positive notices\n\nThis section applies if—\nbefore the commencement, a person had applied to the chief executive under section 87 to cancel the person’s suspended positive notice; and\nimmediately before the commencement, the application had not been decided; and\non the commencement, the person is not a new relevant disqualified person.\nThe chief executive must decide the application under the amended Act.\nSee also section 85 for when the chief executive must cancel a positive notice held by a person who becomes a relevant disqualified person.\ns 351 ins 2019 No. 19 s 46\n(sec.351-ssec.1) This section applies if— before the commencement, a person had applied to the chief executive under section 87 to cancel the person’s suspended positive notice; and immediately before the commencement, the application had not been decided; and on the commencement, the person is not a new relevant disqualified person.\n(sec.351-ssec.2) The chief executive must decide the application under the amended Act. See also section 85 for when the chief executive must cancel a positive notice held by a person who becomes a relevant disqualified person.\n- (a) before the commencement, a person had applied to the chief executive under section 87 to cancel the person’s suspended positive notice; and\n- (b) immediately before the commencement, the application had not been decided; and\n- (c) on the commencement, the person is not a new relevant disqualified person.","sortOrder":517},{"sectionNumber":"sec.352","sectionType":"section","heading":"Particular existing applications to end suspension of positive exemption notices","content":"### sec.352 Particular existing applications to end suspension of positive exemption notices\n\nThis section applies if—\nbefore the commencement, a person had applied to the chief executive under section 89 to cancel the person’s suspended positive exemption notice; and\nimmediately before the commencement, the application had not been decided; and\non the commencement, the person is not a new relevant disqualified person.\nThe chief executive must decide the application under the amended Act.\nSee also section 64(2) for the currency of a positive exemption notice.\ns 352 ins 2019 No. 19 s 46\n(sec.352-ssec.1) This section applies if— before the commencement, a person had applied to the chief executive under section 89 to cancel the person’s suspended positive exemption notice; and immediately before the commencement, the application had not been decided; and on the commencement, the person is not a new relevant disqualified person.\n(sec.352-ssec.2) The chief executive must decide the application under the amended Act. See also section 64(2) for the currency of a positive exemption notice.\n- (a) before the commencement, a person had applied to the chief executive under section 89 to cancel the person’s suspended positive exemption notice; and\n- (b) immediately before the commencement, the application had not been decided; and\n- (c) on the commencement, the person is not a new relevant disqualified person.","sortOrder":518},{"sectionNumber":"sec.353","sectionType":"section","heading":"Existing eligibility applications","content":"### sec.353 Existing eligibility applications\n\nThis section applies if—\nbefore the commencement, a person had made an eligibility application; and\nimmediately before the commencement, the eligibility application had not been decided or withdrawn.\nThe chief executive must decide the application under the amended Act.\ns 353 ins 2019 No. 19 s 46\n(sec.353-ssec.1) This section applies if— before the commencement, a person had made an eligibility application; and immediately before the commencement, the eligibility application had not been decided or withdrawn.\n(sec.353-ssec.2) The chief executive must decide the application under the amended Act.\n- (a) before the commencement, a person had made an eligibility application; and\n- (b) immediately before the commencement, the eligibility application had not been decided or withdrawn.","sortOrder":519},{"sectionNumber":"sec.354","sectionType":"section","heading":"Particular existing eligibility declarations","content":"### sec.354 Particular existing eligibility declarations\n\nThis section applies if—\nbefore the commencement, the chief executive issued, or was taken to have issued, an eligibility declaration to a person; and\nimmediately before the commencement, the eligibility declaration had not expired; and\non the commencement, the person—\nis a new relevant disqualified person; or\nis charged with a new disqualifying offence.\nThe eligibility declaration is taken to have expired.\ns 354 ins 2019 No. 19 s 46\n(sec.354-ssec.1) This section applies if— before the commencement, the chief executive issued, or was taken to have issued, an eligibility declaration to a person; and immediately before the commencement, the eligibility declaration had not expired; and on the commencement, the person— is a new relevant disqualified person; or is charged with a new disqualifying offence.\n(sec.354-ssec.2) The eligibility declaration is taken to have expired.\n- (a) before the commencement, the chief executive issued, or was taken to have issued, an eligibility declaration to a person; and\n- (b) immediately before the commencement, the eligibility declaration had not expired; and\n- (c) on the commencement, the person— (i) is a new relevant disqualified person; or (ii) is charged with a new disqualifying offence.\n- (i) is a new relevant disqualified person; or\n- (ii) is charged with a new disqualifying offence.\n- (i) is a new relevant disqualified person; or\n- (ii) is charged with a new disqualifying offence.","sortOrder":520},{"sectionNumber":"sec.355","sectionType":"section","heading":"Existing application for reversal of decision refusing an eligibility declaration","content":"### sec.355 Existing application for reversal of decision refusing an eligibility declaration\n\nThis section applies if—\nbefore the commencement, a person had made an application under section 107(2) to the chief executive; and\nimmediately before the commencement, the application had not been decided or withdrawn.\nThe chief executive must decide the application under the amended Act.\ns 355 ins 2019 No. 19 s 46\n(sec.355-ssec.1) This section applies if— before the commencement, a person had made an application under section 107(2) to the chief executive; and immediately before the commencement, the application had not been decided or withdrawn.\n(sec.355-ssec.2) The chief executive must decide the application under the amended Act.\n- (a) before the commencement, a person had made an application under section 107(2) to the chief executive; and\n- (b) immediately before the commencement, the application had not been decided or withdrawn.","sortOrder":521},{"sectionNumber":"sec.356","sectionType":"section","heading":"Undecided reviews and appeals by new disqualified persons","content":"### sec.356 Undecided reviews and appeals by new disqualified persons\n\nThis section applies if—\nbefore the commencement, a person—\napplied, under section 109, for a review of a part 5 reviewable decision; or\nappealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\nimmediately before the commencement, the application or appeal had not been decided or withdrawn; and\non the commencement, the person is a new disqualified person.\nThe application or appeal, and any proceeding in relation to the application or appeal, must be dismissed—\nif a proceeding in relation to the application or appeal is before a court—by the court; or\notherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.\ns 356 ins 2019 No. 19 s 46\n(sec.356-ssec.1) This section applies if— before the commencement, a person— applied, under section 109, for a review of a part 5 reviewable decision; or appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and immediately before the commencement, the application or appeal had not been decided or withdrawn; and on the commencement, the person is a new disqualified person.\n(sec.356-ssec.2) The application or appeal, and any proceeding in relation to the application or appeal, must be dismissed— if a proceeding in relation to the application or appeal is before a court—by the court; or otherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.\n- (a) before the commencement, a person— (i) applied, under section 109, for a review of a part 5 reviewable decision; or (ii) appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\n- (i) applied, under section 109, for a review of a part 5 reviewable decision; or\n- (ii) appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\n- (b) immediately before the commencement, the application or appeal had not been decided or withdrawn; and\n- (c) on the commencement, the person is a new disqualified person.\n- (i) applied, under section 109, for a review of a part 5 reviewable decision; or\n- (ii) appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\n- (a) if a proceeding in relation to the application or appeal is before a court—by the court; or\n- (b) otherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.","sortOrder":522},{"sectionNumber":"sec.357","sectionType":"section","heading":"Review of part 5 reviewable decision about new disqualified person","content":"### sec.357 Review of part 5 reviewable decision about new disqualified person\n\nThis section applies if—\nbefore the commencement—\nthe chief executive made a part 5 reviewable decision about a person; and\nthe person had not applied for a review of the decision under section 109; and\non the commencement, the person is a new disqualified person.\nThe amended Act applies in relation to the part 5 reviewable decision.\ns 357 ins 2019 No. 19 s 46\n(sec.357-ssec.1) This section applies if— before the commencement— the chief executive made a part 5 reviewable decision about a person; and the person had not applied for a review of the decision under section 109; and on the commencement, the person is a new disqualified person.\n(sec.357-ssec.2) The amended Act applies in relation to the part 5 reviewable decision.\n- (a) before the commencement— (i) the chief executive made a part 5 reviewable decision about a person; and (ii) the person had not applied for a review of the decision under section 109; and\n- (i) the chief executive made a part 5 reviewable decision about a person; and\n- (ii) the person had not applied for a review of the decision under section 109; and\n- (b) on the commencement, the person is a new disqualified person.\n- (i) the chief executive made a part 5 reviewable decision about a person; and\n- (ii) the person had not applied for a review of the decision under section 109; and","sortOrder":523},{"sectionNumber":"sec.358","sectionType":"section","heading":"Appeal by new disqualified person against decision of tribunal on review of part 5 reviewable decision","content":"### sec.358 Appeal by new disqualified person against decision of tribunal on review of part 5 reviewable decision\n\nThis section applies if—\nbefore the commencement, a person may have appealed under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision; and\non the commencement—\nthe time within which the person may appeal under the QCAT Act has not passed; and\nthe person is a new disqualified person.\nAny appeal started by the person against the decision must be dismissed—\nif a proceeding in relation to the appeal is before a court—by the court; or\notherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.\ns 358 ins 2019 No. 19 s 46\n(sec.358-ssec.1) This section applies if— before the commencement, a person may have appealed under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision; and on the commencement— the time within which the person may appeal under the QCAT Act has not passed; and the person is a new disqualified person.\n(sec.358-ssec.2) Any appeal started by the person against the decision must be dismissed— if a proceeding in relation to the appeal is before a court—by the court; or otherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.\n- (a) before the commencement, a person may have appealed under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision; and\n- (b) on the commencement— (i) the time within which the person may appeal under the QCAT Act has not passed; and (ii) the person is a new disqualified person.\n- (i) the time within which the person may appeal under the QCAT Act has not passed; and\n- (ii) the person is a new disqualified person.\n- (i) the time within which the person may appeal under the QCAT Act has not passed; and\n- (ii) the person is a new disqualified person.\n- (a) if a proceeding in relation to the appeal is before a court—by the court; or\n- (b) otherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.","sortOrder":524},{"sectionNumber":"sec.359","sectionType":"section","heading":"Existing appeal by chief executive against decision of tribunal on review of part 5 reviewable decision","content":"### sec.359 Existing appeal by chief executive against decision of tribunal on review of part 5 reviewable decision\n\nThis section applies if—\nbefore the commencement, the chief executive appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision about a person; and\nimmediately before the commencement, the appeal had not been decided or withdrawn; and\non the commencement, the person is a new disqualified person.\nThe entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal.\ns 359 ins 2019 No. 19 s 46\n(sec.359-ssec.1) This section applies if— before the commencement, the chief executive appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision about a person; and immediately before the commencement, the appeal had not been decided or withdrawn; and on the commencement, the person is a new disqualified person.\n(sec.359-ssec.2) The entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal.\n- (a) before the commencement, the chief executive appealed, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision about a person; and\n- (b) immediately before the commencement, the appeal had not been decided or withdrawn; and\n- (c) on the commencement, the person is a new disqualified person.","sortOrder":525},{"sectionNumber":"sec.360","sectionType":"section","heading":"Appeal by chief executive against decision of tribunal on review of part 5 reviewable decision","content":"### sec.360 Appeal by chief executive against decision of tribunal on review of part 5 reviewable decision\n\nThis section applies if—\nbefore the commencement, the chief executive may have appealed under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision about a person; and\non the commencement—\nthe time within which the chief executive may appeal under the QCAT Act (the appeal period ) has not passed; and\nthe person is a new disqualified person.\nThe chief executive may appeal against the decision within the appeal period and the entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal.\ns 360 ins 2019 No. 19 s 46\n(sec.360-ssec.1) This section applies if— before the commencement, the chief executive may have appealed under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision about a person; and on the commencement— the time within which the chief executive may appeal under the QCAT Act (the appeal period ) has not passed; and the person is a new disqualified person.\n(sec.360-ssec.2) The chief executive may appeal against the decision within the appeal period and the entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal.\n- (a) before the commencement, the chief executive may have appealed under the QCAT Act against a decision of the tribunal relating to a part 5 reviewable decision about a person; and\n- (b) on the commencement— (i) the time within which the chief executive may appeal under the QCAT Act (the appeal period ) has not passed; and (ii) the person is a new disqualified person.\n- (i) the time within which the chief executive may appeal under the QCAT Act (the appeal period ) has not passed; and\n- (ii) the person is a new disqualified person.\n- (i) the time within which the chief executive may appeal under the QCAT Act (the appeal period ) has not passed; and\n- (ii) the person is a new disqualified person.","sortOrder":526},{"sectionNumber":"sec.361","sectionType":"section","heading":"Disqualification orders for new disqualifying offences committed before commencement","content":"### sec.361 Disqualification orders for new disqualifying offences committed before commencement\n\nA court may make a disqualification order under section 137 in relation to a person convicted after the commencement of a new disqualifying offence committed before the commencement.\ns 361 ins 2019 No. 19 s 46","sortOrder":527},{"sectionNumber":"sec.362","sectionType":"section","heading":"Definition for subdivision","content":"### sec.362 Definition for subdivision\n\nIn this subdivision—\nrelevant service provider has the meaning given by former section 140(1).\ns 362 ins 2019 No. 19 s 46","sortOrder":528},{"sectionNumber":"sec.363","sectionType":"section","heading":"Immunity from liability—use of restrictive practices before commencement","content":"### sec.363 Immunity from liability—use of restrictive practices before commencement\n\nFormer part 6, division 7, subdivision 1 continues to apply in relation to the use of a restrictive practice by a relevant service provider, or an individual acting for a relevant service provider, before the commencement.\ns 363 ins 2019 No. 19 s 46","sortOrder":529},{"sectionNumber":"sec.364","sectionType":"section","heading":"Immunity from liability—locking gates, doors and windows before commencement","content":"### sec.364 Immunity from liability—locking gates, doors and windows before commencement\n\nFormer sections 218 and 219 continue to apply in relation to the locking of gates, doors or windows by a relevant service provider, or an individual acting for a relevant service provider, before the commencement.\ns 364 ins 2019 No. 19 s 46","sortOrder":530},{"sectionNumber":"sec.365","sectionType":"section","heading":"Repeal of former ss 339 and 340","content":"### sec.365 Repeal of former ss 339 and 340\n\nThe Acts Interpretation Act 1954 , sections 20 and 20A do not apply in relation to the repeal of former sections 339 and 340.\ns 365 ins 2019 No. 19 s 46","sortOrder":531},{"sectionNumber":"sec.366","sectionType":"section","heading":null,"content":"### Section sec.366\n\ns 366 ins 2019 No. 19 s 46\nexp 1 July 2022 (see s 366(5))","sortOrder":532},{"sectionNumber":"pt.9-div.13","sectionType":"division","heading":"Transitional provisions for Disability Services and Other Legislation (Worker Screening) Amendment Act 2020","content":"## Transitional provisions for Disability Services and Other Legislation (Worker Screening) Amendment Act 2020","sortOrder":533},{"sectionNumber":"sec.367","sectionType":"section","heading":"Definitions for division","content":"### sec.367 Definitions for division\n\nIn this division—\namended Act means this Act as in force after the commencement.\namendment Act means the Disability Services and Other Legislation (Worker Screening) Amendment Act 2020 .\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ntransitioned applicant , for a transitioned application, means the person who is taken to have made the application under section 372(2) or (3) or 373(2).\ntransitioned application see sections 372(2) and (3) and 373(2).\ntransitioned clearance see section 369(2).\ntransitioned exclusion see section 371(2).\ns 367 ins 2020 No. 39 s 24","sortOrder":534},{"sectionNumber":"sec.368","sectionType":"section","heading":"Particular terms having meaning given under unamended Act","content":"### sec.368 Particular terms having meaning given under unamended Act\n\nIn this division, a term defined under the unamended Act but not under the amended Act has the meaning it had under the unamended Act.\nIn this section—\nunamended Act means this Act as in force from time to time before the commencement.\ns 368 ins 2020 No. 39 s 24\n(sec.368-ssec.1) In this division, a term defined under the unamended Act but not under the amended Act has the meaning it had under the unamended Act.\n(sec.368-ssec.2) In this section— unamended Act means this Act as in force from time to time before the commencement.","sortOrder":535},{"sectionNumber":"sec.369","sectionType":"section","heading":"Existing positive notice and positive notice card","content":"### sec.369 Existing positive notice and positive notice card\n\nThis section applies if, immediately before the commencement, a person holds a current positive notice or current positive exemption notice.\nThe positive notice or positive exemption notice is taken to be a clearance (a transitioned clearance ), that is both an NDIS clearance and a State clearance, issued to the person under new part 5, division 4.\nHowever, for the purposes of a corresponding law, the positive notice or positive exemption notice is taken to be a State clearance issued to the person under new part 5, division 4.\nThe term of the transitioned clearance ends, unless it is cancelled earlier—\nif the person holds a positive notice—when the positive notice would have ended under the unamended Act; or\nif the person holds a positive exemption notice because, on the commencement, the person also holds a working with children authority—on the day the term of the person’s working with children authority is due to end under the Working with Children Act , regardless of whether the authority is cancelled earlier under that Act.\nA positive notice card for the person’s positive notice, or an exemption card for the person’s positive exemption notice, is taken to be a clearance card issued to the person under new section 98 for the person’s clearance under subsection (2).\nTo remove any doubt, it is declared that subsection (2) applies even if the person is a disqualified person on the commencement.\nSee, however, new section 119 which requires the chief executive to cancel a person’s clearance if the person becomes a disqualified person.\ns 369 ins 2020 No. 39 s 24\n(sec.369-ssec.1) This section applies if, immediately before the commencement, a person holds a current positive notice or current positive exemption notice.\n(sec.369-ssec.2) The positive notice or positive exemption notice is taken to be a clearance (a transitioned clearance ), that is both an NDIS clearance and a State clearance, issued to the person under new part 5, division 4.\n(sec.369-ssec.3) However, for the purposes of a corresponding law, the positive notice or positive exemption notice is taken to be a State clearance issued to the person under new part 5, division 4.\n(sec.369-ssec.4) The term of the transitioned clearance ends, unless it is cancelled earlier— if the person holds a positive notice—when the positive notice would have ended under the unamended Act; or if the person holds a positive exemption notice because, on the commencement, the person also holds a working with children authority—on the day the term of the person’s working with children authority is due to end under the Working with Children Act , regardless of whether the authority is cancelled earlier under that Act.\n(sec.369-ssec.5) A positive notice card for the person’s positive notice, or an exemption card for the person’s positive exemption notice, is taken to be a clearance card issued to the person under new section 98 for the person’s clearance under subsection (2).\n(sec.369-ssec.6) To remove any doubt, it is declared that subsection (2) applies even if the person is a disqualified person on the commencement. See, however, new section 119 which requires the chief executive to cancel a person’s clearance if the person becomes a disqualified person.\n- (a) if the person holds a positive notice—when the positive notice would have ended under the unamended Act; or\n- (b) if the person holds a positive exemption notice because, on the commencement, the person also holds a working with children authority—on the day the term of the person’s working with children authority is due to end under the Working with Children Act , regardless of whether the authority is cancelled earlier under that Act.","sortOrder":536},{"sectionNumber":"sec.370","sectionType":"section","heading":"Existing suspension of positive notice or positive exemption notice","content":"### sec.370 Existing suspension of positive notice or positive exemption notice\n\nThis section applies if, immediately before the commencement—\nformer section 74 applied to a person and a prescribed event under that section had not happened for the person; or\na current positive notice held by a person was suspended under former section 86; or\na current positive exemption notice held by a person was suspended under former section 88.\nThe person’s transitioned clearance is taken to have been suspended under new section 111.\nThe chief executive must give the person, and each notifiable person for the person, a notice that states—\nthe person’s transitioned clearance is taken to have been suspended under new section 111; and\nhow long the suspension will continue; and\nthe effect of the suspension.\nAn application under former section 87 or 89 to cancel the person’s suspended positive notice or positive exemption notice that, immediately before the commencement, had not been decided or withdrawn is taken to be an application under new section 116 to end the suspension under subsection (2).\nThe suspension and application may be dealt with under the amended Act.\nHowever, the person may not apply under new section 116 to end the suspension under subsection (2) until 6 months after the commencement.\ns 370 ins 2020 No. 39 s 24\n(sec.370-ssec.1) This section applies if, immediately before the commencement— former section 74 applied to a person and a prescribed event under that section had not happened for the person; or a current positive notice held by a person was suspended under former section 86; or a current positive exemption notice held by a person was suspended under former section 88.\n(sec.370-ssec.2) The person’s transitioned clearance is taken to have been suspended under new section 111.\n(sec.370-ssec.3) The chief executive must give the person, and each notifiable person for the person, a notice that states— the person’s transitioned clearance is taken to have been suspended under new section 111; and how long the suspension will continue; and the effect of the suspension.\n(sec.370-ssec.4) An application under former section 87 or 89 to cancel the person’s suspended positive notice or positive exemption notice that, immediately before the commencement, had not been decided or withdrawn is taken to be an application under new section 116 to end the suspension under subsection (2).\n(sec.370-ssec.5) The suspension and application may be dealt with under the amended Act.\n(sec.370-ssec.6) However, the person may not apply under new section 116 to end the suspension under subsection (2) until 6 months after the commencement.\n- (a) former section 74 applied to a person and a prescribed event under that section had not happened for the person; or\n- (b) a current positive notice held by a person was suspended under former section 86; or\n- (c) a current positive exemption notice held by a person was suspended under former section 88.\n- (a) the person’s transitioned clearance is taken to have been suspended under new section 111; and\n- (b) how long the suspension will continue; and\n- (c) the effect of the suspension.","sortOrder":537},{"sectionNumber":"sec.371","sectionType":"section","heading":"Existing current negative notice or current negative exemption notice","content":"### sec.371 Existing current negative notice or current negative exemption notice\n\nThis section applies if, immediately before the commencement, a person holds a current negative notice or current negative exemption notice.\nThe negative notice or negative exemption notice is taken to be an exclusion (a transitioned exclusion ), that is both an NDIS exclusion and a State exclusion, issued to the person under new part 5, division 4.\nHowever, for the purposes of a corresponding law, the negative notice or negative exemption notice is taken to be a State exclusion issued to the person under new part 5, division 4.\nNew section 130(1)(a) applies in relation to the transitioned exclusion as if the reference in new section 130(1)(a) to 5 years after the exclusion was issued were a reference to 5 years after the negative notice or negative exemption notice was issued to the person.\ns 371 ins 2020 No. 39 s 24\n(sec.371-ssec.1) This section applies if, immediately before the commencement, a person holds a current negative notice or current negative exemption notice.\n(sec.371-ssec.2) The negative notice or negative exemption notice is taken to be an exclusion (a transitioned exclusion ), that is both an NDIS exclusion and a State exclusion, issued to the person under new part 5, division 4.\n(sec.371-ssec.3) However, for the purposes of a corresponding law, the negative notice or negative exemption notice is taken to be a State exclusion issued to the person under new part 5, division 4.\n(sec.371-ssec.4) New section 130(1)(a) applies in relation to the transitioned exclusion as if the reference in new section 130(1)(a) to 5 years after the exclusion was issued were a reference to 5 years after the negative notice or negative exemption notice was issued to the person.","sortOrder":538},{"sectionNumber":"sec.372","sectionType":"section","heading":"Existing prescribed notice application or exemption notice application","content":"### sec.372 Existing prescribed notice application or exemption notice application\n\nThis section applies if—\nimmediately before the commencement, a prescribed notice application or exemption notice application about a person had been made but not decided, withdrawn or taken to be withdrawn; or\nan exemption notice application about a person given, under an arrangement between the chief executive and the chief executive (working with children), to the chief executive (working with children) before the commencement is given to the chief executive after the commencement.\nIf the person is a person who may make an application under new section 65, the application is taken to be an NDIS worker screening application (a transitioned application ) made by the person.\nIf the person is a person who may make an application under new section 66, the application is taken to be a State disability worker screening application (also a transitioned application ) made by the person.\nIf neither subsection (2) nor (3) applies to the application—\nthe application lapses on the commencement; and\nthe chief executive must give the person who made the application and the person about whom the application was made a notice that states the application has lapsed.\nTo remove any doubt, it is declared that subsections (2) and (3) apply even if the person is a disqualified person on the commencement.\ns 372 ins 2020 No. 39 s 24\n(sec.372-ssec.1) This section applies if— immediately before the commencement, a prescribed notice application or exemption notice application about a person had been made but not decided, withdrawn or taken to be withdrawn; or an exemption notice application about a person given, under an arrangement between the chief executive and the chief executive (working with children), to the chief executive (working with children) before the commencement is given to the chief executive after the commencement.\n(sec.372-ssec.2) If the person is a person who may make an application under new section 65, the application is taken to be an NDIS worker screening application (a transitioned application ) made by the person.\n(sec.372-ssec.3) If the person is a person who may make an application under new section 66, the application is taken to be a State disability worker screening application (also a transitioned application ) made by the person.\n(sec.372-ssec.4) If neither subsection (2) nor (3) applies to the application— the application lapses on the commencement; and the chief executive must give the person who made the application and the person about whom the application was made a notice that states the application has lapsed.\n(sec.372-ssec.5) To remove any doubt, it is declared that subsections (2) and (3) apply even if the person is a disqualified person on the commencement.\n- (a) immediately before the commencement, a prescribed notice application or exemption notice application about a person had been made but not decided, withdrawn or taken to be withdrawn; or\n- (b) an exemption notice application about a person given, under an arrangement between the chief executive and the chief executive (working with children), to the chief executive (working with children) before the commencement is given to the chief executive after the commencement.\n- (a) the application lapses on the commencement; and\n- (b) the chief executive must give the person who made the application and the person about whom the application was made a notice that states the application has lapsed.","sortOrder":539},{"sectionNumber":"sec.373","sectionType":"section","heading":"Existing consent to screening by person engaged by department","content":"### sec.373 Existing consent to screening by person engaged by department\n\nThis section applies if—\nbefore the commencement, a person gave the chief executive consent under former section 50 to undertake screening of the person under former part 5; and\nimmediately before the commencement—\nthe person’s consent had not been withdrawn; and\nthe chief executive had not made a decision about issuing the person a prescribed notice or exemption notice.\nThe person’s consent is taken to be a State disability worker screening application (also a transitioned application ) made by the person.\nTo remove any doubt, it is declared that subsection (2) applies even if the person is a disqualified person on the commencement.\ns 373 ins 2020 No. 39 s 24\n(sec.373-ssec.1) This section applies if— before the commencement, a person gave the chief executive consent under former section 50 to undertake screening of the person under former part 5; and immediately before the commencement— the person’s consent had not been withdrawn; and the chief executive had not made a decision about issuing the person a prescribed notice or exemption notice.\n(sec.373-ssec.2) The person’s consent is taken to be a State disability worker screening application (also a transitioned application ) made by the person.\n(sec.373-ssec.3) To remove any doubt, it is declared that subsection (2) applies even if the person is a disqualified person on the commencement.\n- (a) before the commencement, a person gave the chief executive consent under former section 50 to undertake screening of the person under former part 5; and\n- (b) immediately before the commencement— (i) the person’s consent had not been withdrawn; and (ii) the chief executive had not made a decision about issuing the person a prescribed notice or exemption notice.\n- (i) the person’s consent had not been withdrawn; and\n- (ii) the chief executive had not made a decision about issuing the person a prescribed notice or exemption notice.\n- (i) the person’s consent had not been withdrawn; and\n- (ii) the chief executive had not made a decision about issuing the person a prescribed notice or exemption notice.","sortOrder":540},{"sectionNumber":"sec.374","sectionType":"section","heading":"Dealing with and deciding transitioned applications","content":"### sec.374 Dealing with and deciding transitioned applications\n\nThe amended Act applies for dealing with and deciding a transitioned application.\nThe chief executive must give a notice that states the transitioned application is being dealt with and decided as an application made under the amended Act by the transitioned applicant for the application to—\nthe transitioned applicant; and\nif the transitioned applicant is not the person who made the application—the person who made the application.\nSee new section 69 in relation to the chief executive asking for further information relating to the transitioned application.\nThe notice must be given to the transitioned applicant and person mentioned in subsection (2)(b) within 1 month after—\nfor a transitioned application mentioned in section 372(1)(b)—the chief executive (working with children) gives the transitioned application to the chief executive; or\notherwise—the commencement.\ns 374 ins 2020 No. 39 s 24\n(sec.374-ssec.1) The amended Act applies for dealing with and deciding a transitioned application.\n(sec.374-ssec.2) The chief executive must give a notice that states the transitioned application is being dealt with and decided as an application made under the amended Act by the transitioned applicant for the application to— the transitioned applicant; and if the transitioned applicant is not the person who made the application—the person who made the application. See new section 69 in relation to the chief executive asking for further information relating to the transitioned application.\n(sec.374-ssec.3) The notice must be given to the transitioned applicant and person mentioned in subsection (2)(b) within 1 month after— for a transitioned application mentioned in section 372(1)(b)—the chief executive (working with children) gives the transitioned application to the chief executive; or otherwise—the commencement.\n- (a) the transitioned applicant; and\n- (b) if the transitioned applicant is not the person who made the application—the person who made the application.\n- (a) for a transitioned application mentioned in section 372(1)(b)—the chief executive (working with children) gives the transitioned application to the chief executive; or\n- (b) otherwise—the commencement.","sortOrder":541},{"sectionNumber":"sec.375","sectionType":"section","heading":"Application of new pt 5 to transitioned applicants","content":"### sec.375 Application of new pt 5 to transitioned applicants\n\nThis section applies to a person if, on the commencement, the person—\nis the transitioned applicant for a transitioned application; and\nis engaged to carry out disability work by an NDIS service provider, funded service provider or the department, other than as a volunteer; and\ndoes not hold a transitioned exclusion.\nThis section also applies to a person if, on the commencement, the person—\nis the transitioned applicant for a transitioned application; and\nis carrying out disability work as either—\nan NDIS sole trader or State sole trader; or\na volunteer engaged by an NDIS service provider, funded service provider or the department to carry out disability work; and\nholds a transitioned clearance or a working with children authority.\nDespite new part 5 and until a relevant event happens for the person—\nthe person may continue to carry out, or be engaged to carry out, the disability work; and\nnew sections 53, 54, 59 and 61 do not apply in relation to the person carrying out the disability work.\nEach of the following is a relevant event for the person—\nthe person’s transitioned application is decided or withdrawn;\nfor a person who holds a transitioned clearance—the clearance is suspended or cancelled;\nan interim bar is imposed on the person.\ns 375 ins 2020 No. 39 s 24\n(sec.375-ssec.1) This section applies to a person if, on the commencement, the person— is the transitioned applicant for a transitioned application; and is engaged to carry out disability work by an NDIS service provider, funded service provider or the department, other than as a volunteer; and does not hold a transitioned exclusion.\n(sec.375-ssec.2) This section also applies to a person if, on the commencement, the person— is the transitioned applicant for a transitioned application; and is carrying out disability work as either— an NDIS sole trader or State sole trader; or a volunteer engaged by an NDIS service provider, funded service provider or the department to carry out disability work; and holds a transitioned clearance or a working with children authority.\n(sec.375-ssec.3) Despite new part 5 and until a relevant event happens for the person— the person may continue to carry out, or be engaged to carry out, the disability work; and new sections 53, 54, 59 and 61 do not apply in relation to the person carrying out the disability work.\n(sec.375-ssec.4) Each of the following is a relevant event for the person— the person’s transitioned application is decided or withdrawn; for a person who holds a transitioned clearance—the clearance is suspended or cancelled; an interim bar is imposed on the person.\n- (a) is the transitioned applicant for a transitioned application; and\n- (b) is engaged to carry out disability work by an NDIS service provider, funded service provider or the department, other than as a volunteer; and\n- (c) does not hold a transitioned exclusion.\n- (a) is the transitioned applicant for a transitioned application; and\n- (b) is carrying out disability work as either— (i) an NDIS sole trader or State sole trader; or (ii) a volunteer engaged by an NDIS service provider, funded service provider or the department to carry out disability work; and\n- (i) an NDIS sole trader or State sole trader; or\n- (ii) a volunteer engaged by an NDIS service provider, funded service provider or the department to carry out disability work; and\n- (c) holds a transitioned clearance or a working with children authority.\n- (i) an NDIS sole trader or State sole trader; or\n- (ii) a volunteer engaged by an NDIS service provider, funded service provider or the department to carry out disability work; and\n- (a) the person may continue to carry out, or be engaged to carry out, the disability work; and\n- (b) new sections 53, 54, 59 and 61 do not apply in relation to the person carrying out the disability work.\n- (a) the person’s transitioned application is decided or withdrawn;\n- (b) for a person who holds a transitioned clearance—the clearance is suspended or cancelled;\n- (c) an interim bar is imposed on the person.","sortOrder":542},{"sectionNumber":"sec.376","sectionType":"section","heading":"Working with children authority holders","content":"### sec.376 Working with children authority holders\n\nThis section applies to a person if, on the commencement, the person—\nholds a working with children authority; and\ndoes not hold a transitioned clearance or a transitioned exclusion.\nThis section also applies to a person if—\nthe person is issued a working with children authority after the commencement in relation to a working with children check application made by the person before the commencement; and\nwhen the working with children authority is issued to the person, the person does not hold a clearance or exclusion, including a transitioned clearance or transitioned exclusion.\nHowever, this section does not apply to a person who is a transitioned applicant for a transitioned application on the commencement.\nUntil a relevant event happens for the person—\nthe person may carry out, or be engaged to carry out, disability work; and\na registered NDIS provider or funded service provider may engage the person to carry out disability work; and\nnew sections 53, 54, 59 and 61 do not apply in relation to the person carrying out disability work.\nSubsection (4) applies only to the extent the disability work includes the delivery of disability services or NDIS supports or services to a child or children with disability.\nEach of the following is a relevant event for the person—\nthe person’s working with children authority expires under the Working with Children Act and, at the time of the expiry, the person has not made a disability worker screening application;\nthe person’s working with children authority is suspended or cancelled under the Working with Children Act ;\na negative notice is issued to the person under the Working with Children Act ;\nthe person makes a disability worker screening application and the application is decided or withdrawn or an interim bar is imposed on the person.\ns 376 ins 2020 No. 39 s 24\n(sec.376-ssec.1) This section applies to a person if, on the commencement, the person— holds a working with children authority; and does not hold a transitioned clearance or a transitioned exclusion.\n(sec.376-ssec.2) This section also applies to a person if— the person is issued a working with children authority after the commencement in relation to a working with children check application made by the person before the commencement; and when the working with children authority is issued to the person, the person does not hold a clearance or exclusion, including a transitioned clearance or transitioned exclusion.\n(sec.376-ssec.3) However, this section does not apply to a person who is a transitioned applicant for a transitioned application on the commencement.\n(sec.376-ssec.4) Until a relevant event happens for the person— the person may carry out, or be engaged to carry out, disability work; and a registered NDIS provider or funded service provider may engage the person to carry out disability work; and new sections 53, 54, 59 and 61 do not apply in relation to the person carrying out disability work.\n(sec.376-ssec.5) Subsection (4) applies only to the extent the disability work includes the delivery of disability services or NDIS supports or services to a child or children with disability.\n(sec.376-ssec.6) Each of the following is a relevant event for the person— the person’s working with children authority expires under the Working with Children Act and, at the time of the expiry, the person has not made a disability worker screening application; the person’s working with children authority is suspended or cancelled under the Working with Children Act ; a negative notice is issued to the person under the Working with Children Act ; the person makes a disability worker screening application and the application is decided or withdrawn or an interim bar is imposed on the person.\n- (a) holds a working with children authority; and\n- (b) does not hold a transitioned clearance or a transitioned exclusion.\n- (a) the person is issued a working with children authority after the commencement in relation to a working with children check application made by the person before the commencement; and\n- (b) when the working with children authority is issued to the person, the person does not hold a clearance or exclusion, including a transitioned clearance or transitioned exclusion.\n- (a) the person may carry out, or be engaged to carry out, disability work; and\n- (b) a registered NDIS provider or funded service provider may engage the person to carry out disability work; and\n- (c) new sections 53, 54, 59 and 61 do not apply in relation to the person carrying out disability work.\n- (a) the person’s working with children authority expires under the Working with Children Act and, at the time of the expiry, the person has not made a disability worker screening application;\n- (b) the person’s working with children authority is suspended or cancelled under the Working with Children Act ;\n- (c) a negative notice is issued to the person under the Working with Children Act ;\n- (d) the person makes a disability worker screening application and the application is decided or withdrawn or an interim bar is imposed on the person.","sortOrder":543},{"sectionNumber":"sec.377","sectionType":"section","heading":"Registered health practitioners","content":"### sec.377 Registered health practitioners\n\nThis section applies to a person if, on the commencement, the person—\nis a registered health practitioner; and\ndoes not hold a transitioned clearance or a transitioned exclusion.\nHowever, this section does not apply to a person who is a transitioned applicant for a transitioned application on the commencement.\nUntil a relevant event happens for the person—\nthe person may carry out, or be engaged to carry out, disability work; and\na registered NDIS provider or funded service provider may engage the person to carry out disability work; and\nnew sections 53, 54, 59 and 61 do not apply in relation to the person carrying out disability work.\nEach of the following is a relevant event for the person—\nthe person’s current health profession registration expires under the Health Practitioner Regulation National Law (Queensland) and, at the time of the expiry, the person has not made a disability worker screening application;\nthe person’s current health profession registration is surrendered, suspended or cancelled under the Health Practitioner Regulation National Law (Queensland) ;\nthe person makes a disability worker screening application and the application is decided or withdrawn or an interim bar is imposed on the person.\nIn this section—\ncurrent health profession registration means the person’s registration in a health profession under the Health Practitioner Regulation National Law (Queensland) during the period of registration that is in effect on the commencement.\ns 377 ins 2020 No. 39 s 24\n(sec.377-ssec.1) This section applies to a person if, on the commencement, the person— is a registered health practitioner; and does not hold a transitioned clearance or a transitioned exclusion.\n(sec.377-ssec.2) However, this section does not apply to a person who is a transitioned applicant for a transitioned application on the commencement.\n(sec.377-ssec.3) Until a relevant event happens for the person— the person may carry out, or be engaged to carry out, disability work; and a registered NDIS provider or funded service provider may engage the person to carry out disability work; and new sections 53, 54, 59 and 61 do not apply in relation to the person carrying out disability work.\n(sec.377-ssec.4) Each of the following is a relevant event for the person— the person’s current health profession registration expires under the Health Practitioner Regulation National Law (Queensland) and, at the time of the expiry, the person has not made a disability worker screening application; the person’s current health profession registration is surrendered, suspended or cancelled under the Health Practitioner Regulation National Law (Queensland) ; the person makes a disability worker screening application and the application is decided or withdrawn or an interim bar is imposed on the person.\n(sec.377-ssec.5) In this section— current health profession registration means the person’s registration in a health profession under the Health Practitioner Regulation National Law (Queensland) during the period of registration that is in effect on the commencement.\n- (a) is a registered health practitioner; and\n- (b) does not hold a transitioned clearance or a transitioned exclusion.\n- (a) the person may carry out, or be engaged to carry out, disability work; and\n- (b) a registered NDIS provider or funded service provider may engage the person to carry out disability work; and\n- (c) new sections 53, 54, 59 and 61 do not apply in relation to the person carrying out disability work.\n- (a) the person’s current health profession registration expires under the Health Practitioner Regulation National Law (Queensland) and, at the time of the expiry, the person has not made a disability worker screening application;\n- (b) the person’s current health profession registration is surrendered, suspended or cancelled under the Health Practitioner Regulation National Law (Queensland) ;\n- (c) the person makes a disability worker screening application and the application is decided or withdrawn or an interim bar is imposed on the person.","sortOrder":544},{"sectionNumber":"sec.378","sectionType":"section","heading":"Effect of conviction or charge for new disqualifying offence or new serious offence","content":"### sec.378 Effect of conviction or charge for new disqualifying offence or new serious offence\n\nFor applying this Act in relation to a person convicted of a new disqualifying offence or new serious offence, it does not matter when the offence was committed or when the person was convicted of the offence.\nThis Act applies in relation to a person who is charged with a new disqualifying offence or new serious offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\nFor applying this Act to a transitioned clearance—\na person convicted of a new disqualifying offence or new serious offence before the commencement is taken to have been convicted of the offence on the commencement; and\na person the subject of a charge for a new disqualifying offence or new serious offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement; and\nthe fact that the person has been charged with, or convicted of, a new disqualifying offence or new serious offence, is taken to be information not known to the chief executive before the commencement.\nIn this section—\nnew disqualifying offence means an offence that—\nis a disqualifying offence; but\nwas not a disqualifying offence immediately before the commencement.\nnew serious offence means an offence that—\nis a serious offence; but\nwas not a serious offence immediately before the commencement.\ns 378 ins 2020 No. 39 s 24\n(sec.378-ssec.1) For applying this Act in relation to a person convicted of a new disqualifying offence or new serious offence, it does not matter when the offence was committed or when the person was convicted of the offence.\n(sec.378-ssec.2) This Act applies in relation to a person who is charged with a new disqualifying offence or new serious offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\n(sec.378-ssec.3) For applying this Act to a transitioned clearance— a person convicted of a new disqualifying offence or new serious offence before the commencement is taken to have been convicted of the offence on the commencement; and a person the subject of a charge for a new disqualifying offence or new serious offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement; and the fact that the person has been charged with, or convicted of, a new disqualifying offence or new serious offence, is taken to be information not known to the chief executive before the commencement.\n(sec.378-ssec.4) In this section— new disqualifying offence means an offence that— is a disqualifying offence; but was not a disqualifying offence immediately before the commencement. new serious offence means an offence that— is a serious offence; but was not a serious offence immediately before the commencement.\n- (a) a person convicted of a new disqualifying offence or new serious offence before the commencement is taken to have been convicted of the offence on the commencement; and\n- (b) a person the subject of a charge for a new disqualifying offence or new serious offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement; and\n- (c) the fact that the person has been charged with, or convicted of, a new disqualifying offence or new serious offence, is taken to be information not known to the chief executive before the commencement.\n- (a) is a disqualifying offence; but\n- (b) was not a disqualifying offence immediately before the commencement.\n- (a) is a serious offence; but\n- (b) was not a serious offence immediately before the commencement.","sortOrder":545},{"sectionNumber":"sec.379","sectionType":"section","heading":"Existing application to cancel negative notice or negative exemption notice","content":"### sec.379 Existing application to cancel negative notice or negative exemption notice\n\nThis section applies if, immediately before the commencement, an application under former section 82 to cancel a person’s negative notice or negative exemption notice had not been decided or withdrawn.\nIf the person is a disqualified person—\nthe application is taken to be withdrawn; and\nthe chief executive must give a notice about the withdrawal to the person.\nIf subsection (2) does not apply—\nthe application is taken to be an application made under new section 130 in relation to the person’s transitioned exclusion; and\nthe amended Act applies for deciding the application.\ns 379 ins 2020 No. 39 s 24\n(sec.379-ssec.1) This section applies if, immediately before the commencement, an application under former section 82 to cancel a person’s negative notice or negative exemption notice had not been decided or withdrawn.\n(sec.379-ssec.2) If the person is a disqualified person— the application is taken to be withdrawn; and the chief executive must give a notice about the withdrawal to the person.\n(sec.379-ssec.3) If subsection (2) does not apply— the application is taken to be an application made under new section 130 in relation to the person’s transitioned exclusion; and the amended Act applies for deciding the application.\n- (a) the application is taken to be withdrawn; and\n- (b) the chief executive must give a notice about the withdrawal to the person.\n- (a) the application is taken to be an application made under new section 130 in relation to the person’s transitioned exclusion; and\n- (b) the amended Act applies for deciding the application.","sortOrder":546},{"sectionNumber":"sec.380","sectionType":"section","heading":"Reassessment of holder of transitioned clearance","content":"### sec.380 Reassessment of holder of transitioned clearance\n\nThis section applies if, under new section 108, the chief executive conducts a risk assessment of a person who holds a transitioned clearance.\nThe chief executive may give the person a notice asking the person to give the chief executive stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability.\nA request under subsection (2) must state that, if the person does not comply with the request within the reasonable time stated in the request, the chief executive may decide whether the person poses an unacceptable risk of harm to people with disability without the stated information.\nIf, after conducting the risk assessment of the person, the chief executive is required, or decides, to cancel the person’s transitioned clearance under new part 5, division 6, subdivision 3, the chief executive must issue a State exclusion to the person.\nSubsection (4) applies despite new section 122.\ns 380 ins 2020 No. 39 s 24\n(sec.380-ssec.1) This section applies if, under new section 108, the chief executive conducts a risk assessment of a person who holds a transitioned clearance.\n(sec.380-ssec.2) The chief executive may give the person a notice asking the person to give the chief executive stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability.\n(sec.380-ssec.3) A request under subsection (2) must state that, if the person does not comply with the request within the reasonable time stated in the request, the chief executive may decide whether the person poses an unacceptable risk of harm to people with disability without the stated information.\n(sec.380-ssec.4) If, after conducting the risk assessment of the person, the chief executive is required, or decides, to cancel the person’s transitioned clearance under new part 5, division 6, subdivision 3, the chief executive must issue a State exclusion to the person.\n(sec.380-ssec.5) Subsection (4) applies despite new section 122.","sortOrder":547},{"sectionNumber":"sec.381","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.381 Definitions for subdivision\n\nIn this subdivision—\naffected person , for a part 5 reviewable decision, means the person about whom the decision was made.\npart 5 reviewable decision means a part 5 reviewable decision under former section 108.\ns 381 ins 2020 No. 39 s 24","sortOrder":548},{"sectionNumber":"sec.382","sectionType":"section","heading":"Undecided reviews or appeals","content":"### sec.382 Undecided reviews or appeals\n\nThis section applies if, immediately before the commencement—\nan application for a review of a part 5 reviewable decision, made under former section 109 by the affected person for the decision, had not been decided or withdrawn; or\nan appeal against a decision of the tribunal relating to a part 5 reviewable decision, started under the QCAT Act by the affected person for the decision or the chief executive, had not been decided or withdrawn.\nThe entity hearing the review or appeal must dismiss—\nthe application or appeal; and\nany proceeding that relates to the application or appeal.\nSubsection (2) applies to a proceeding before the tribunal even if the dismissal would be contrary to a direction of the Court of Appeal.\nThe chief executive must make a new decision about the affected person under section 385.\ns 382 ins 2020 No. 39 s 24\n(sec.382-ssec.1) This section applies if, immediately before the commencement— an application for a review of a part 5 reviewable decision, made under former section 109 by the affected person for the decision, had not been decided or withdrawn; or an appeal against a decision of the tribunal relating to a part 5 reviewable decision, started under the QCAT Act by the affected person for the decision or the chief executive, had not been decided or withdrawn.\n(sec.382-ssec.2) The entity hearing the review or appeal must dismiss— the application or appeal; and any proceeding that relates to the application or appeal.\n(sec.382-ssec.3) Subsection (2) applies to a proceeding before the tribunal even if the dismissal would be contrary to a direction of the Court of Appeal.\n(sec.382-ssec.4) The chief executive must make a new decision about the affected person under section 385.\n- (a) an application for a review of a part 5 reviewable decision, made under former section 109 by the affected person for the decision, had not been decided or withdrawn; or\n- (b) an appeal against a decision of the tribunal relating to a part 5 reviewable decision, started under the QCAT Act by the affected person for the decision or the chief executive, had not been decided or withdrawn.\n- (a) the application or appeal; and\n- (b) any proceeding that relates to the application or appeal.","sortOrder":549},{"sectionNumber":"sec.383","sectionType":"section","heading":"Reviews not started on commencement","content":"### sec.383 Reviews not started on commencement\n\nThis section applies if—\nbefore the commencement—\nthe chief executive made a part 5 reviewable decision; and\nthe affected person for the decision had not applied for a review of the decision under former section 109; and\non the commencement—\nthe affected person is not a disqualified person; and\nthe period for applying for a review of the decision had not ended.\nThe affected person may, within the period mentioned in subsection (1)(b)(ii), apply to the chief executive to make a new decision about the person under section 385.\nNo fee is payable for an application under subsection (2).\ns 383 ins 2020 No. 39 s 24\n(sec.383-ssec.1) This section applies if— before the commencement— the chief executive made a part 5 reviewable decision; and the affected person for the decision had not applied for a review of the decision under former section 109; and on the commencement— the affected person is not a disqualified person; and the period for applying for a review of the decision had not ended.\n(sec.383-ssec.2) The affected person may, within the period mentioned in subsection (1)(b)(ii), apply to the chief executive to make a new decision about the person under section 385.\n(sec.383-ssec.3) No fee is payable for an application under subsection (2).\n- (a) before the commencement— (i) the chief executive made a part 5 reviewable decision; and (ii) the affected person for the decision had not applied for a review of the decision under former section 109; and\n- (i) the chief executive made a part 5 reviewable decision; and\n- (ii) the affected person for the decision had not applied for a review of the decision under former section 109; and\n- (b) on the commencement— (i) the affected person is not a disqualified person; and (ii) the period for applying for a review of the decision had not ended.\n- (i) the affected person is not a disqualified person; and\n- (ii) the period for applying for a review of the decision had not ended.\n- (i) the chief executive made a part 5 reviewable decision; and\n- (ii) the affected person for the decision had not applied for a review of the decision under former section 109; and\n- (i) the affected person is not a disqualified person; and\n- (ii) the period for applying for a review of the decision had not ended.","sortOrder":550},{"sectionNumber":"sec.384","sectionType":"section","heading":"Appeals not started on commencement","content":"### sec.384 Appeals not started on commencement\n\nThis section applies if—\nbefore the commencement, the chief executive or the affected person had a right to appeal, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\non the commencement, the period for starting the appeal had not ended.\nThe right to appeal ends on the commencement.\nInstead, within the period mentioned in subsection (1)(b)—\nthe affected person may apply to the chief executive to make a new decision about the affected person under section 385; or\nthe chief executive may decide to make a new decision about the affected person under section 385.\nNo fee is payable for an application under subsection (3)(a).\ns 384 ins 2020 No. 39 s 24\n(sec.384-ssec.1) This section applies if— before the commencement, the chief executive or the affected person had a right to appeal, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and on the commencement, the period for starting the appeal had not ended.\n(sec.384-ssec.2) The right to appeal ends on the commencement.\n(sec.384-ssec.3) Instead, within the period mentioned in subsection (1)(b)— the affected person may apply to the chief executive to make a new decision about the affected person under section 385; or the chief executive may decide to make a new decision about the affected person under section 385.\n(sec.384-ssec.4) No fee is payable for an application under subsection (3)(a).\n- (a) before the commencement, the chief executive or the affected person had a right to appeal, under the QCAT Act , against a decision of the tribunal relating to a part 5 reviewable decision; and\n- (b) on the commencement, the period for starting the appeal had not ended.\n- (a) the affected person may apply to the chief executive to make a new decision about the affected person under section 385; or\n- (b) the chief executive may decide to make a new decision about the affected person under section 385.","sortOrder":551},{"sectionNumber":"sec.385","sectionType":"section","heading":"Chief executive must make new decision about affected person","content":"### sec.385 Chief executive must make new decision about affected person\n\nThis section applies in relation to the chief executive making a new decision about an affected person for a part 5 reviewable decision—\nunder section 382(4) or 384(3)(b); or\non application by the affected person under section 383(2), 384(3)(a), 386(5) or 387(5).\nThe chief executive must, within the prescribed period—\nconduct a risk assessment of the affected person; and\ndecide—\nif the person holds a transitioned exclusion—to cancel or not to cancel the exclusion; or\nif the person holds a transitioned clearance that is suspended—to cancel or not to cancel the suspension; and\ngive the person a QCAT information notice for the chief executive’s decision.\nThe chief executive may give the affected person a notice extending, for a further 28 days, the period for the chief executive to comply with subsection (2).\nFor conducting the risk assessment under subsection (2)(a)—\nnew part 5, division 4, subdivision 3 applies with necessary changes; and\nthe chief executive may give the affected person a notice asking the person to give the chief executive stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability.\nA request under subsection (4)(b) must state that, if the affected person does not comply with the request within the reasonable time stated in the request, the chief executive may decide whether the person poses an unacceptable risk of harm to people with disability without the stated information.\nThe chief executive must decide the matter under subsection (2)(b) afresh, disregarding the part 5 reviewable decision and the reasons for that decision.\nThe risk assessment under subsection (2)(a), and the decision under subsection (2)(b), may be conducted and made only by a person who—\ndid not make the part 5 reviewable decision; and\nholds a more senior office than the person who made the part 5 reviewable decision.\nSubsection (7) does not apply to a part 5 reviewable decision made by the chief executive personally.\nIf the chief executive does not give the affected person a QCAT information notice within the prescribed period or a longer period notified under subsection (3), the chief executive is taken to have decided—\nif the person holds a transitioned exclusion—not to cancel the exclusion; or\nif the person holds a transitioned clearance that is suspended—not to cancel the suspension.\nNew sections 138ZW, 138ZX and 138ZY apply in relation to the chief executive’s decision under this section as if it were an internal review decision.\nIn this section—\nprescribed period means 28 days after—\nfor making a new decision under section 382(4)—the commencement; or\nfor making a new decision under section 384(3)(b)—the period mentioned in section 384(1)(b) ends; or\nfor making a new decision on application by an affected person under section 383(2), 384(3)(a), 386(5) or 387(5)—the application is made.\ns 385 ins 2020 No. 39 s 24\n(sec.385-ssec.1) This section applies in relation to the chief executive making a new decision about an affected person for a part 5 reviewable decision— under section 382(4) or 384(3)(b); or on application by the affected person under section 383(2), 384(3)(a), 386(5) or 387(5).\n(sec.385-ssec.2) The chief executive must, within the prescribed period— conduct a risk assessment of the affected person; and decide— if the person holds a transitioned exclusion—to cancel or not to cancel the exclusion; or if the person holds a transitioned clearance that is suspended—to cancel or not to cancel the suspension; and give the person a QCAT information notice for the chief executive’s decision.\n(sec.385-ssec.3) The chief executive may give the affected person a notice extending, for a further 28 days, the period for the chief executive to comply with subsection (2).\n(sec.385-ssec.4) For conducting the risk assessment under subsection (2)(a)— new part 5, division 4, subdivision 3 applies with necessary changes; and the chief executive may give the affected person a notice asking the person to give the chief executive stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability.\n(sec.385-ssec.5) A request under subsection (4)(b) must state that, if the affected person does not comply with the request within the reasonable time stated in the request, the chief executive may decide whether the person poses an unacceptable risk of harm to people with disability without the stated information.\n(sec.385-ssec.6) The chief executive must decide the matter under subsection (2)(b) afresh, disregarding the part 5 reviewable decision and the reasons for that decision.\n(sec.385-ssec.7) The risk assessment under subsection (2)(a), and the decision under subsection (2)(b), may be conducted and made only by a person who— did not make the part 5 reviewable decision; and holds a more senior office than the person who made the part 5 reviewable decision.\n(sec.385-ssec.8) Subsection (7) does not apply to a part 5 reviewable decision made by the chief executive personally.\n(sec.385-ssec.9) If the chief executive does not give the affected person a QCAT information notice within the prescribed period or a longer period notified under subsection (3), the chief executive is taken to have decided— if the person holds a transitioned exclusion—not to cancel the exclusion; or if the person holds a transitioned clearance that is suspended—not to cancel the suspension.\n(sec.385-ssec.10) New sections 138ZW, 138ZX and 138ZY apply in relation to the chief executive’s decision under this section as if it were an internal review decision.\n(sec.385-ssec.11) In this section— prescribed period means 28 days after— for making a new decision under section 382(4)—the commencement; or for making a new decision under section 384(3)(b)—the period mentioned in section 384(1)(b) ends; or for making a new decision on application by an affected person under section 383(2), 384(3)(a), 386(5) or 387(5)—the application is made.\n- (a) under section 382(4) or 384(3)(b); or\n- (b) on application by the affected person under section 383(2), 384(3)(a), 386(5) or 387(5).\n- (a) conduct a risk assessment of the affected person; and\n- (b) decide— (i) if the person holds a transitioned exclusion—to cancel or not to cancel the exclusion; or (ii) if the person holds a transitioned clearance that is suspended—to cancel or not to cancel the suspension; and\n- (i) if the person holds a transitioned exclusion—to cancel or not to cancel the exclusion; or\n- (ii) if the person holds a transitioned clearance that is suspended—to cancel or not to cancel the suspension; and\n- (c) give the person a QCAT information notice for the chief executive’s decision.\n- (i) if the person holds a transitioned exclusion—to cancel or not to cancel the exclusion; or\n- (ii) if the person holds a transitioned clearance that is suspended—to cancel or not to cancel the suspension; and\n- (a) new part 5, division 4, subdivision 3 applies with necessary changes; and\n- (b) the chief executive may give the affected person a notice asking the person to give the chief executive stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability.\n- (a) did not make the part 5 reviewable decision; and\n- (b) holds a more senior office than the person who made the part 5 reviewable decision.\n- (a) if the person holds a transitioned exclusion—not to cancel the exclusion; or\n- (b) if the person holds a transitioned clearance that is suspended—not to cancel the suspension.\n- (a) for making a new decision under section 382(4)—the commencement; or\n- (b) for making a new decision under section 384(3)(b)—the period mentioned in section 384(1)(b) ends; or\n- (c) for making a new decision on application by an affected person under section 383(2), 384(3)(a), 386(5) or 387(5)—the application is made.","sortOrder":552},{"sectionNumber":"sec.386","sectionType":"section","heading":"Undecided appeals about investigative information decisions","content":"### sec.386 Undecided appeals about investigative information decisions\n\nThis section applies if, immediately before the commencement, an appeal to a Magistrates Court about a decision that information is investigative information, made under former section 113, had not been decided or withdrawn.\nThe court may continue to hear and decide the appeal as if the amendment Act had not been enacted.\nFormer sections 113 and 114 continue to apply in relation to the appeal as if the amendment Act had not been enacted.\nIf the court sets aside the decision appealed against, the appellant may apply to the chief executive under new section 130(1)(b) to cancel the appellant’s transitioned exclusion.\nIf the court confirms the decision appealed against, the appellant may apply for a new decision under section 385 in relation to the relevant part 5 reviewable decision.\nAn application mentioned in subsection (5)—\nmust be made within 28 days after the appellant is given notice of the court’s decision under former section 114(4); and\nmay be made even if, before the appeal was decided, the appellant applied to the chief executive for a new decision under section 385 in relation to the relevant part 5 reviewable decision.\nNo fee is payable for an application under subsection (5).\nIn this section—\nrelevant part 5 reviewable decision , in relation to the appellant, means a part 5 reviewable decision relating to the issue of the negative notice or negative exemption notice in relation to which the appellant started the appeal.\ns 386 ins 2020 No. 39 s 24\n(sec.386-ssec.1) This section applies if, immediately before the commencement, an appeal to a Magistrates Court about a decision that information is investigative information, made under former section 113, had not been decided or withdrawn.\n(sec.386-ssec.2) The court may continue to hear and decide the appeal as if the amendment Act had not been enacted.\n(sec.386-ssec.3) Former sections 113 and 114 continue to apply in relation to the appeal as if the amendment Act had not been enacted.\n(sec.386-ssec.4) If the court sets aside the decision appealed against, the appellant may apply to the chief executive under new section 130(1)(b) to cancel the appellant’s transitioned exclusion.\n(sec.386-ssec.5) If the court confirms the decision appealed against, the appellant may apply for a new decision under section 385 in relation to the relevant part 5 reviewable decision.\n(sec.386-ssec.6) An application mentioned in subsection (5)— must be made within 28 days after the appellant is given notice of the court’s decision under former section 114(4); and may be made even if, before the appeal was decided, the appellant applied to the chief executive for a new decision under section 385 in relation to the relevant part 5 reviewable decision.\n(sec.386-ssec.7) No fee is payable for an application under subsection (5).\n(sec.386-ssec.8) In this section— relevant part 5 reviewable decision , in relation to the appellant, means a part 5 reviewable decision relating to the issue of the negative notice or negative exemption notice in relation to which the appellant started the appeal.\n- (a) must be made within 28 days after the appellant is given notice of the court’s decision under former section 114(4); and\n- (b) may be made even if, before the appeal was decided, the appellant applied to the chief executive for a new decision under section 385 in relation to the relevant part 5 reviewable decision.","sortOrder":553},{"sectionNumber":"sec.387","sectionType":"section","heading":"Appeals about investigative information decisions not started on commencement","content":"### sec.387 Appeals about investigative information decisions not started on commencement\n\nThis section applies if—\nbefore the commencement, a person had a right to appeal to a Magistrates Court under former section 113 about a decision that information, given to the chief executive as investigative information, is investigative information; and\non the commencement, the period for starting the appeal had not ended.\nThe person may, within the period mentioned in subsection (1)(b), appeal to a Magistrates Court about the decision.\nFormer sections 113 and 114 apply in relation to the appeal as if the amendment Act had not been enacted.\nIf the court sets aside the decision appealed against, the appellant may apply to the chief executive under new section 130(1)(b) to cancel the appellant’s transitioned exclusion.\nIf the court confirms the decision appealed against, the appellant may apply for a new decision under section 385 in relation to the relevant part 5 reviewable decision.\nAn application mentioned in subsection (5)—\nmust be made within 28 days after the appellant is given notice of the court’s decision under former section 114(4); and\nmay be made even if, before the appeal was decided, the appellant applied to the chief executive for a new decision under section 385 in relation to the relevant part 5 reviewable decision.\nNo fee is payable for an application under subsection (5).\nIn this section—\nrelevant part 5 reviewable decision , in relation to the appellant, means a part 5 reviewable decision relating to the issue of the negative notice or negative exemption notice in relation to which the appellant started the appeal.\ns 387 ins 2020 No. 39 s 24\n(sec.387-ssec.1) This section applies if— before the commencement, a person had a right to appeal to a Magistrates Court under former section 113 about a decision that information, given to the chief executive as investigative information, is investigative information; and on the commencement, the period for starting the appeal had not ended.\n(sec.387-ssec.2) The person may, within the period mentioned in subsection (1)(b), appeal to a Magistrates Court about the decision.\n(sec.387-ssec.3) Former sections 113 and 114 apply in relation to the appeal as if the amendment Act had not been enacted.\n(sec.387-ssec.4) If the court sets aside the decision appealed against, the appellant may apply to the chief executive under new section 130(1)(b) to cancel the appellant’s transitioned exclusion.\n(sec.387-ssec.5) If the court confirms the decision appealed against, the appellant may apply for a new decision under section 385 in relation to the relevant part 5 reviewable decision.\n(sec.387-ssec.6) An application mentioned in subsection (5)— must be made within 28 days after the appellant is given notice of the court’s decision under former section 114(4); and may be made even if, before the appeal was decided, the appellant applied to the chief executive for a new decision under section 385 in relation to the relevant part 5 reviewable decision.\n(sec.387-ssec.7) No fee is payable for an application under subsection (5).\n(sec.387-ssec.8) In this section— relevant part 5 reviewable decision , in relation to the appellant, means a part 5 reviewable decision relating to the issue of the negative notice or negative exemption notice in relation to which the appellant started the appeal.\n- (a) before the commencement, a person had a right to appeal to a Magistrates Court under former section 113 about a decision that information, given to the chief executive as investigative information, is investigative information; and\n- (b) on the commencement, the period for starting the appeal had not ended.\n- (a) must be made within 28 days after the appellant is given notice of the court’s decision under former section 114(4); and\n- (b) may be made even if, before the appeal was decided, the appellant applied to the chief executive for a new decision under section 385 in relation to the relevant part 5 reviewable decision.","sortOrder":554},{"sectionNumber":"sec.388","sectionType":"section","heading":"Things done before commencement in relation to prescribed notice or exemption notice","content":"### sec.388 Things done before commencement in relation to prescribed notice or exemption notice\n\nThis section applies in relation to a thing done by the chief executive or another person under this Act before the commencement in relation to—\na prescribed notice application or exemption notice application; or\nscreening, under former part 5, a person who consented to the screening under former section 50; or\na positive notice, positive exemption notice, negative notice or negative exemption notice.\nThe thing is taken to have been done under the amended Act in relation to—\nfor a thing done in relation to a prescribed notice application or exemption notice application—the transitioned application under section 372(2) or (3) for the application; or\nfor a thing done in relation to screening, under former part 5, a person who consented to the screening under former section 50—the person’s transitioned application under section 373(2); or\nfor a thing done in relation to a positive notice or positive exemption notice—the transitioned clearance under section 369(2) for the notice; or\nfor a thing done in relation to a negative notice or negative exemption notice—the transitioned exclusion under section 371(2) for the notice.\nThe amended Act applies for the purpose of subsection (2) with necessary changes.\nThis section does not limit another provision of this division.\ns 388 ins 2020 No. 39 s 24\n(sec.388-ssec.1) This section applies in relation to a thing done by the chief executive or another person under this Act before the commencement in relation to— a prescribed notice application or exemption notice application; or screening, under former part 5, a person who consented to the screening under former section 50; or a positive notice, positive exemption notice, negative notice or negative exemption notice.\n(sec.388-ssec.2) The thing is taken to have been done under the amended Act in relation to— for a thing done in relation to a prescribed notice application or exemption notice application—the transitioned application under section 372(2) or (3) for the application; or for a thing done in relation to screening, under former part 5, a person who consented to the screening under former section 50—the person’s transitioned application under section 373(2); or for a thing done in relation to a positive notice or positive exemption notice—the transitioned clearance under section 369(2) for the notice; or for a thing done in relation to a negative notice or negative exemption notice—the transitioned exclusion under section 371(2) for the notice.\n(sec.388-ssec.3) The amended Act applies for the purpose of subsection (2) with necessary changes.\n(sec.388-ssec.4) This section does not limit another provision of this division.\n- (a) a prescribed notice application or exemption notice application; or\n- (b) screening, under former part 5, a person who consented to the screening under former section 50; or\n- (c) a positive notice, positive exemption notice, negative notice or negative exemption notice.\n- (a) for a thing done in relation to a prescribed notice application or exemption notice application—the transitioned application under section 372(2) or (3) for the application; or\n- (b) for a thing done in relation to screening, under former part 5, a person who consented to the screening under former section 50—the person’s transitioned application under section 373(2); or\n- (c) for a thing done in relation to a positive notice or positive exemption notice—the transitioned clearance under section 369(2) for the notice; or\n- (d) for a thing done in relation to a negative notice or negative exemption notice—the transitioned exclusion under section 371(2) for the notice.","sortOrder":555},{"sectionNumber":"sec.389","sectionType":"section","heading":"Obligations or powers arising before commencement in relation to prescribed notice or exemption notice","content":"### sec.389 Obligations or powers arising before commencement in relation to prescribed notice or exemption notice\n\nThis section applies if—\nbefore the commencement, the chief executive or another person was required or permitted under this Act to do, but did not do, something in relation to—\na prescribed notice application or exemption notice application; or\nscreening, under former part 5, a person who consented to the screening under former section 50; or\na positive notice, a positive exemption notice, a negative notice or a negative exemption notice; and\non the commencement, the period within which the chief executive or other person was required or permitted to do the thing has not ended.\nThe chief executive or other person must or may do the thing under the amended Act in relation to—\nfor a thing required or permitted to be done in relation to a prescribed notice application or exemption notice application—the transitioned application under section 372(2) or (3) for the application; or\nfor a thing required or permitted to be done in relation to screening, under former part 5, a person who consented to the screening under former section 50—the person’s transitioned application under section 373(2); or\nfor a thing required or permitted to be done in relation to a positive notice or positive exemption notice—the transitioned clearance under section 369(2) for the notice; or\nfor a thing required or permitted to be done in relation to a negative notice or negative exemption notice—the transitioned exclusion under section 371(2) for the notice.\nThe amended Act applies for the purpose of subsection (2) with necessary changes.\nThis section does not limit another provision of this division.\ns 389 ins 2020 No. 39 s 24\n(sec.389-ssec.1) This section applies if— before the commencement, the chief executive or another person was required or permitted under this Act to do, but did not do, something in relation to— a prescribed notice application or exemption notice application; or screening, under former part 5, a person who consented to the screening under former section 50; or a positive notice, a positive exemption notice, a negative notice or a negative exemption notice; and on the commencement, the period within which the chief executive or other person was required or permitted to do the thing has not ended.\n(sec.389-ssec.2) The chief executive or other person must or may do the thing under the amended Act in relation to— for a thing required or permitted to be done in relation to a prescribed notice application or exemption notice application—the transitioned application under section 372(2) or (3) for the application; or for a thing required or permitted to be done in relation to screening, under former part 5, a person who consented to the screening under former section 50—the person’s transitioned application under section 373(2); or for a thing required or permitted to be done in relation to a positive notice or positive exemption notice—the transitioned clearance under section 369(2) for the notice; or for a thing required or permitted to be done in relation to a negative notice or negative exemption notice—the transitioned exclusion under section 371(2) for the notice.\n(sec.389-ssec.3) The amended Act applies for the purpose of subsection (2) with necessary changes.\n(sec.389-ssec.4) This section does not limit another provision of this division.\n- (a) before the commencement, the chief executive or another person was required or permitted under this Act to do, but did not do, something in relation to— (i) a prescribed notice application or exemption notice application; or (ii) screening, under former part 5, a person who consented to the screening under former section 50; or (iii) a positive notice, a positive exemption notice, a negative notice or a negative exemption notice; and\n- (i) a prescribed notice application or exemption notice application; or\n- (ii) screening, under former part 5, a person who consented to the screening under former section 50; or\n- (iii) a positive notice, a positive exemption notice, a negative notice or a negative exemption notice; and\n- (b) on the commencement, the period within which the chief executive or other person was required or permitted to do the thing has not ended.\n- (i) a prescribed notice application or exemption notice application; or\n- (ii) screening, under former part 5, a person who consented to the screening under former section 50; or\n- (iii) a positive notice, a positive exemption notice, a negative notice or a negative exemption notice; and\n- (a) for a thing required or permitted to be done in relation to a prescribed notice application or exemption notice application—the transitioned application under section 372(2) or (3) for the application; or\n- (b) for a thing required or permitted to be done in relation to screening, under former part 5, a person who consented to the screening under former section 50—the person’s transitioned application under section 373(2); or\n- (c) for a thing required or permitted to be done in relation to a positive notice or positive exemption notice—the transitioned clearance under section 369(2) for the notice; or\n- (d) for a thing required or permitted to be done in relation to a negative notice or negative exemption notice—the transitioned exclusion under section 371(2) for the notice.","sortOrder":556},{"sectionNumber":"sec.390","sectionType":"section","heading":"Particular references in Act or document","content":"### sec.390 Particular references in Act or document\n\nIn an Act or a document, to the extent the context permits—\na reference to a prescribed notice application or exemption notice application under this Act includes a reference to a disability worker screening application; and\na reference to a positive notice or positive exemption notice under this Act includes a reference to a clearance; and\na reference to a negative notice or a negative exemption notice under this Act includes a reference to an exclusion.\ns 390 ins 2020 No. 39 s 24\n- (a) a reference to a prescribed notice application or exemption notice application under this Act includes a reference to a disability worker screening application; and\n- (b) a reference to a positive notice or positive exemption notice under this Act includes a reference to a clearance; and\n- (c) a reference to a negative notice or a negative exemption notice under this Act includes a reference to an exclusion.","sortOrder":557},{"sectionNumber":"sec.391","sectionType":"section","heading":"Eligibility applications and eligibility declarations lapse","content":"### sec.391 Eligibility applications and eligibility declarations lapse\n\nAn eligibility application made but not decided before the commencement lapses.\nAn eligibility declaration held by a person immediately before the commencement lapses.\ns 391 ins 2020 No. 39 s 24\n(sec.391-ssec.1) An eligibility application made but not decided before the commencement lapses.\n(sec.391-ssec.2) An eligibility declaration held by a person immediately before the commencement lapses.","sortOrder":558},{"sectionNumber":"sec.392","sectionType":"section","heading":"Continuing obligation of confidentiality","content":"### sec.392 Continuing obligation of confidentiality\n\nThis section applies if—\nimmediately before the commencement, former section 227 applied to a person in relation to particular information; and\non the commencement, new section 227 does not apply to the person in relation to the information.\nFormer section 227 continues to apply to the person in relation to the information as if the amendment Act had not been enacted.\ns 392 ins 2020 No. 39 s 24\n(sec.392-ssec.1) This section applies if— immediately before the commencement, former section 227 applied to a person in relation to particular information; and on the commencement, new section 227 does not apply to the person in relation to the information.\n(sec.392-ssec.2) Former section 227 continues to apply to the person in relation to the information as if the amendment Act had not been enacted.\n- (a) immediately before the commencement, former section 227 applied to a person in relation to particular information; and\n- (b) on the commencement, new section 227 does not apply to the person in relation to the information.","sortOrder":559},{"sectionNumber":"sec.393","sectionType":"section","heading":null,"content":"### Section sec.393\n\ns 393 ins 2020 No. 39 s 24\nexp 1 February 2024 (see s 393(5))","sortOrder":560},{"sectionNumber":"pt.9-div.14","sectionType":"division","heading":"Transitional provision for Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2024","content":"## Transitional provision for Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2024","sortOrder":561},{"sectionNumber":"sec.393-oc.2","sectionType":"section","heading":"Confidential information obtained before commencement","content":"### sec.393-oc.2 Confidential information obtained before commencement\n\nA reference in section 138ZLA to protected information is taken to include information that was protected information under former section 227.\nA reference in section 138ZLB to screening information is taken to include information—\nthat was confidential information other than protected information under former section 228; and\nthat was for the screening of a person under part 5.\nIn this section—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 393 ins 2024 No. 50 s 27\n(sec.393-oc.2-ssec.1) A reference in section 138ZLA to protected information is taken to include information that was protected information under former section 227.\n(sec.393-oc.2-ssec.2) A reference in section 138ZLB to screening information is taken to include information— that was confidential information other than protected information under former section 228; and that was for the screening of a person under part 5.\n(sec.393-oc.2-ssec.3) In this section— former , for a provision of this Act, means the provision as in force from time to time before the commencement.\n- (a) that was confidential information other than protected information under former section 228; and\n- (b) that was for the screening of a person under part 5.","sortOrder":562},{"sectionNumber":"pt.11","sectionType":"part","heading":null,"content":"","sortOrder":563},{"sectionNumber":"pt.11-div","sectionType":"division","heading":null,"content":"","sortOrder":564},{"sectionNumber":"pt.11-div-oc.2","sectionType":"division","heading":null,"content":"","sortOrder":565},{"sectionNumber":"pt.12","sectionType":"part","heading":null,"content":"","sortOrder":566},{"sectionNumber":"pt.14","sectionType":"part","heading":null,"content":"","sortOrder":567}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2006 scope. Originally focused on State-funded disability services and human rights principles, it has grown to encompass: (1) comprehensive worker screening for both State and NDIS services following the 2020 amendments; (2) integration with the national NDIS framework introduced in 2012 and expanded in 2016-2020; (3) restrictive practices regulation added in 2008 and expanded; and (4) individual funding agreements introduced in 2012. The Act has transformed from a State service delivery framework into a complex dual-track regulatory system managing both State and national disability schemes."},"complexity_factors":["Dual regulatory framework: The Act operates parallel to the Commonwealth NDIS legislation, requiring constant cross-referencing between State and national schemes (e.g., sections 12A, 15, 45, 46)","Multiple overlapping definitions: Distinct definitions for 'disability services' vs 'NDIS supports or services', 'funded service provider' vs 'NDIS service provider', 'State disability work' vs 'NDIS disability work', and multiple clearance types (NDIS clearance, State clearance, interstate NDIS clearance)","Nested conditional logic: Worker screening requirements contain multiple layers of exceptions and aggravating circumstances (e.g., sections 53-61 with nested penalty provisions based on aggravating factors)","Extensive cross-referencing: Heavy reliance on external documents including the NDIS (Worker Screening) Practice Standards, the National Disability Insurance Scheme Act 2013 (Cwlth), and corresponding laws of other States","Multiple amendment layers: The text shows numerous amendments (2008, 2010, 2012, 2014, 2016, 2018, 2019, 2020, 2022, 2024) creating a patchwork of inserted, omitted, and substituted sections","Complex employment relationships: Detailed rules distinguishing between employees, contractors, subcontractors, volunteers, sole traders, and key personnel (sections 44, 46, 48, 49)","Interstate recognition mechanisms: Complex provisions for recognizing clearances and exclusions from other jurisdictions (interstate NDIS clearances/exclusions)","Suspended status management: Intricate rules about suspended clearances and interim bars (sections 56, 60) with employment protections (sections 63, 84, 113 referenced)"],"plain_english_summary":"This is Queensland's **Disability Services Act 2006**, a law that sets the rules for how disability services are delivered and regulated in Queensland.\n\n**What it does:**\n- **Protects rights**: Establishes that people with disability have the same human rights as everyone else, including dignity, safety, and the right to make choices about their lives.\n- **Regulates services**: Sets standards for disability services funded by the Queensland Government (like accommodation support, respite care, and community services) to ensure they are safe, accountable, and responsive.\n- **Worker screening**: Creates a mandatory screening system (like a police check) for people working with people with disability. This applies to both State-funded services and NDIS (National Disability Insurance Scheme) services. Workers must obtain a \"clearance\" to work, and can be excluded if they pose a risk.\n- **Restrictive practices**: Regulates when and how restrictive practices (like physical restraint or seclusion) can be used on adults with intellectual or cognitive disabilities—only to prevent harm and with the goal of reducing their use.\n- **Complaints**: Sets up a system for people with disability, their families, or advocates to complain about services.\n- **NDIS integration**: Works alongside the national NDIS scheme, ensuring quality and safety for NDIS supports provided in Queensland.\n\n**Who it affects:**\n- People with disability using State-funded or NDIS services\n- Service providers (both government-funded and NDIS providers)\n- Disability support workers and their employers\n- Families and carers\n\n**Why it matters:**\nThis law is the main safeguard for people with disability in Queensland. It ensures workers are properly vetted, services meet quality standards, and people with disability are treated with dignity and protected from abuse, neglect, and exploitation."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original 2006 scope focused on Queensland-funded disability services and service provider accountability. Through successive amendments (notably 2012, 2016, 2019, 2020), it expanded significantly to incorporate the national NDIS framework, regulate unregistered NDIS providers, introduce a comprehensive worker screening scheme aligned with national standards, and address restrictive practices. The Act now effectively operates as both a standalone State disability services law and a complementary instrument to the Commonwealth NDIS scheme — a substantially broader role than originally conceived."},"complexity_factors":["Dual regulatory framework: the Act operates alongside and must be read with the Commonwealth National Disability Insurance Scheme Act 2013, creating overlapping and interlocking obligations","Multiple distinct categories of regulated persons: registered NDIS providers, unregistered NDIS providers, funded service providers, NDIS sole traders, State sole traders, key personnel — each with different obligations","Multiple types of clearances and exclusions (NDIS clearance, State clearance, interstate NDIS clearance, NDIS exclusion, State exclusion, interstate NDIS exclusion) with different rules for each","Extensive amendment history — the Act has been substantially amended at least a dozen times since 2006, with sections omitted, substituted and renumbered, making it difficult to trace the current operative version","Cross-references to numerous external Acts including the Guardianship and Administration Act 2000, Powers of Attorney Act 1998, Working with Children Check Act 2000, Criminal Law (Rehabilitation of Offenders) Act 1986, and various NDIS regulations and Practice Standards","Tiered penalty structure with aggravating circumstances that elevate offences from regulatory to serious criminal (up to 5 years imprisonment), requiring careful parsing of each provision","Worker screening provisions require understanding of the NDIS (Worker Screening) Practice Standards — an external Commonwealth instrument — to determine what constitutes 'risk-assessed NDIS work'","Provisions apply differently depending on whether funding is State or NDIS, and whether the provider is registered or unregistered under the national scheme","Definitions are deeply nested with sub-definitions (e.g. 'notifiable person' depends on how funding is managed under an NDIS participant's plan)","Content was truncated, meaning additional complexity in later parts (restrictive practices, enforcement, reporting obligations) could not be fully assessed"],"plain_english_summary":"This Queensland law sets rights and protections for people with disability and governs how disability services are delivered. It affects people with disability, service providers (including NDIS and state-funded), workers, boards, families, carers and advocates.\n\nIt affirms equal rights, promotes person‑centred, inclusive services, requires criminal background screening (offence with penalties up to 5 years), provides a complaints process, allows individual funding agreements, and tightly regulates restrictive practices. Breach of the Act is regulatory and does not automatically create a private right to sue."}},"importantCases":[],"_links":{"self":"/api/acts/disability-services-act-2006","history":"/api/acts/disability-services-act-2006/history","analysis":"/api/acts/disability-services-act-2006/analysis","conflicts":"/api/acts/disability-services-act-2006/conflicts","importantCases":"/api/acts/disability-services-act-2006/important-cases","documents":"/api/acts/disability-services-act-2006/documents"}}