{"id":"qld:sl-2017-0099","name":"Disability Services Regulation 2017","slug":"disability-services-regulation-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"99 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174950,"registerId":"qld-qld:sl-2017-0099-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Disability Services Regulation 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 July 2017.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Interpretation","content":"### sec.3 Interpretation\n\nIn this regulation—\nunique client identifier , for an adult, means the unique number allocated to the adult by the department.\ns 3 sub 2021 SL No. 2 s 4","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Disability worker screening","content":"# Disability worker screening","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Prescribed service— Act , s 12","content":"### sec.4 Prescribed service— Act , s 12\n\nFor section 12 (1) (g) of the Act , a service that is related to the provision of care and support, or protection to a forensic disability client at the Forensic Disability Service under the Forensic Disability Act 2011 is prescribed for part 5 of the Act .\ns 4 amd 2019 SL No. 125 s 4\nsub 2021 SL No. 2 s 6","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Prescribed entities for NDIS worker screening application— Act , s 65","content":"### sec.5 Prescribed entities for NDIS worker screening application— Act , s 65\n\nFor section 65 (a) (iii) of the Act , the following entities are prescribed—\nthe Agency;\nthe NDIS commission;\na service provider that receives Commonwealth funding to provide any of the following services or supports to people with disability—\na service known as a local area coordination service;\na support provided to an NDIS participant known as an early intervention support for early childhood;\na service or support provided under a program called the information linkages and capacity building program administered by the department of the Commonwealth responsible for administering the Social Security Act 1991 (Cwlth) ;\nan NDIS service provider that receives Commonwealth funding to provide a continuity of support service.\nA continuity of support service is a disability service provided by an entity to a person with disability if—\nthe entity is an NDIS service provider; and\nthe person is aged—\nif the person is an Aboriginal or Torres Strait Islander person—50 years or more; or\notherwise—65 years old; and\nan NDIS support or service that is of the same kind as the disability service is available to be provided to persons in the area in which the disability service is provided to the person; and\nthe entity or another entity provided the disability service to the person before the NDIS support or service became available in the area.\nIn this section—\nAgency see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 9 .\nCommonwealth funding means recurrent or one-off funds from a department of the Commonwealth.\nNDIS participant means a person who is a participant in the national disability insurance scheme under the National Disability Insurance Scheme Act 2013 (Cwlth) .\ns 5 sub 2019 SL No. 125 s 5 ; 2021 SL No. 2 s 6\n(sec.5-ssec.1) For section 65 (a) (iii) of the Act , the following entities are prescribed— the Agency; the NDIS commission; a service provider that receives Commonwealth funding to provide any of the following services or supports to people with disability— a service known as a local area coordination service; a support provided to an NDIS participant known as an early intervention support for early childhood; a service or support provided under a program called the information linkages and capacity building program administered by the department of the Commonwealth responsible for administering the Social Security Act 1991 (Cwlth) ; an NDIS service provider that receives Commonwealth funding to provide a continuity of support service.\n(sec.5-ssec.2) A continuity of support service is a disability service provided by an entity to a person with disability if— the entity is an NDIS service provider; and the person is aged— if the person is an Aboriginal or Torres Strait Islander person—50 years or more; or otherwise—65 years old; and an NDIS support or service that is of the same kind as the disability service is available to be provided to persons in the area in which the disability service is provided to the person; and the entity or another entity provided the disability service to the person before the NDIS support or service became available in the area.\n(sec.5-ssec.3) In this section— Agency see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 9 . Commonwealth funding means recurrent or one-off funds from a department of the Commonwealth. NDIS participant means a person who is a participant in the national disability insurance scheme under the National Disability Insurance Scheme Act 2013 (Cwlth) .\n- (a) the Agency;\n- (b) the NDIS commission;\n- (c) a service provider that receives Commonwealth funding to provide any of the following services or supports to people with disability— (i) a service known as a local area coordination service; (ii) a support provided to an NDIS participant known as an early intervention support for early childhood; (iii) a service or support provided under a program called the information linkages and capacity building program administered by the department of the Commonwealth responsible for administering the Social Security Act 1991 (Cwlth) ;\n- (i) a service known as a local area coordination service;\n- (ii) a support provided to an NDIS participant known as an early intervention support for early childhood;\n- (iii) a service or support provided under a program called the information linkages and capacity building program administered by the department of the Commonwealth responsible for administering the Social Security Act 1991 (Cwlth) ;\n- (d) an NDIS service provider that receives Commonwealth funding to provide a continuity of support service.\n- (i) a service known as a local area coordination service;\n- (ii) a support provided to an NDIS participant known as an early intervention support for early childhood;\n- (iii) a service or support provided under a program called the information linkages and capacity building program administered by the department of the Commonwealth responsible for administering the Social Security Act 1991 (Cwlth) ;\n- (a) the entity is an NDIS service provider; and\n- (b) the person is aged— (i) if the person is an Aboriginal or Torres Strait Islander person—50 years or more; or (ii) otherwise—65 years old; and\n- (i) if the person is an Aboriginal or Torres Strait Islander person—50 years or more; or\n- (ii) otherwise—65 years old; and\n- (c) an NDIS support or service that is of the same kind as the disability service is available to be provided to persons in the area in which the disability service is provided to the person; and\n- (d) the entity or another entity provided the disability service to the person before the NDIS support or service became available in the area.\n- (i) if the person is an Aboriginal or Torres Strait Islander person—50 years or more; or\n- (ii) otherwise—65 years old; and","sortOrder":6},{"sectionNumber":"sec.5AA","sectionType":"section","heading":null,"content":"### Section sec.5AA\n\ns 5AA ins 2020 SL No. 254 s 4\nom 2021 SL No. 2 s 6","sortOrder":7},{"sectionNumber":"sec.5A","sectionType":"section","heading":null,"content":"### Section sec.5A\n\ns 5A ins 2019 SL No. 125 s 6\nom 2021 SL No. 2 s 6","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Criterion for NDIS worker screening application— Act , s 65","content":"### sec.6 Criterion for NDIS worker screening application— Act , s 65\n\nFor section 65 (b) of the Act , the criterion prescribed is that the person either—\nlives, or proposes to live, in Queensland; or\nis, or proposes to be, engaged to carry out NDIS disability work in Queensland.\ns 6 sub 2021 SL No. 2 s 6\n- (a) lives, or proposes to live, in Queensland; or\n- (b) is, or proposes to be, engaged to carry out NDIS disability work in Queensland.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Prescribed entities for State worker screening application— Act , s 66","content":"### sec.7 Prescribed entities for State worker screening application— Act , s 66\n\nFor section 66 (c) of the Act , the department in which the Disability Services Act 2006 , part 5 is administered is prescribed.\ns 7 (prev s 6AA) ins 2021 SL No. 2 s 6\nrenum 2021 SL No. 2 s 14","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Clearance holder to notify change in other information— Act , s 104","content":"### sec.8 Clearance holder to notify change in other information— Act , s 104\n\nFor section 104 (3) (c) of the Act , the following matters about the person are prescribed—\nthe person starts or ends an engagement to carry out disability work for an entity;\nthe person starts or stops carrying out disability work as an NDIS sole trader or State sole trader.\ns 8 (prev s 6AB) ins 2021 SL No. 2 s 6\nrenum 2021 SL No. 2 s 14\n- (a) the person starts or ends an engagement to carry out disability work for an entity;\n- (b) the person starts or stops carrying out disability work as an NDIS sole trader or State sole trader.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Prescribed entities for other information— Act , s 138R","content":"### sec.9 Prescribed entities for other information— Act , s 138R\n\nFor section 138R (5) of the Act , definition prescribed entity , the following entities are prescribed—\nthe chief executive officer of the Australian Health Practitioner Regulation Agency established under the Health Practitioner Regulation National Law (Queensland) ;\nthe chief executive of the department in which the Animal Care and Protection Act 2001 is administered;\nthe health ombudsman under the Health Ombudsman Act 2013 .\ns 9 (prev s 6AC) ins 2021 SL No. 2 s 6\nrenum 2021 SL No. 2 s 14\n- (a) the chief executive officer of the Australian Health Practitioner Regulation Agency established under the Health Practitioner Regulation National Law (Queensland) ;\n- (b) the chief executive of the department in which the Animal Care and Protection Act 2001 is administered;\n- (c) the health ombudsman under the Health Ombudsman Act 2013 .","sortOrder":12},{"sectionNumber":"sec.9A","sectionType":"section","heading":null,"content":"### Section sec.9A\n\ns 9A ins 2019 SL No. 125 s 9\nom 2021 SL No. 2 s 11","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Serious offences and disqualifying offences","content":"### sec.10 Serious offences and disqualifying offences\n\nFor schedule 8 of the Act , definition serious offence , an offence against a provision of an Act of the Commonwealth mentioned in schedule 2 or 3 is prescribed to be a serious offence—\nif each circumstance (if any) stated for the offence in the schedule applies to the offence; and\nregardless of whether the provision has been amended from time to time or numbered differently.\nFor schedule 8 of the Act , definition disqualifying offence , an offence against a provision of an Act of the Commonwealth mentioned in schedule 4 or 5 is prescribed to be a disqualifying offence—\nif each circumstance (if any) stated for the offence in the schedule applies to the offence; and\nregardless of whether the provision has been amended from time to time or numbered differently.\ns 10 prev s 10 amd 2018 SL No. 87 s 4 ; 2019 SL No. 109 s 4 ; 2020 SL No. 146 s 3\nom 2020 SL No. 264 s 4\npres s 10 (prev s 6AD) ins 2021 SL No. 2 s 6\nrenum 2021 SL No. 2 s 14\n(sec.10-ssec.1) For schedule 8 of the Act , definition serious offence , an offence against a provision of an Act of the Commonwealth mentioned in schedule 2 or 3 is prescribed to be a serious offence— if each circumstance (if any) stated for the offence in the schedule applies to the offence; and regardless of whether the provision has been amended from time to time or numbered differently.\n(sec.10-ssec.2) For schedule 8 of the Act , definition disqualifying offence , an offence against a provision of an Act of the Commonwealth mentioned in schedule 4 or 5 is prescribed to be a disqualifying offence— if each circumstance (if any) stated for the offence in the schedule applies to the offence; and regardless of whether the provision has been amended from time to time or numbered differently.\n- (a) if each circumstance (if any) stated for the offence in the schedule applies to the offence; and\n- (b) regardless of whether the provision has been amended from time to time or numbered differently.\n- (a) if each circumstance (if any) stated for the offence in the schedule applies to the offence; and\n- (b) regardless of whether the provision has been amended from time to time or numbered differently.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Risk assessment matters","content":"### sec.11 Risk assessment matters\n\nFor schedule 8 of the Act , definition risk assessment matter , each of the following is prescribed to be a risk assessment matter in relation to a person—\na disability worker screening application or corresponding interstate application made by the person was refused;\na working with children check application or corresponding interstate application made by the person was refused;\na clearance or interstate clearance held by the person was cancelled and an exclusion or interstate exclusion was issued to the person;\na working with children clearance or interstate WWC authority held by the person was cancelled and a negative notice was issued to the person;\nthe person is the subject of a workplace investigation about the person’s alleged conduct that includes—\nassault or violent behaviour; or\ninappropriate sexual behaviour; or\nfraud, deceit or theft; or\nfailing to provide appropriate care for a vulnerable person in the person’s care;\nthe person is or was the subject of an investigation by a government entity and, as a result of the investigation, the person becomes subject to a condition or restriction in relation to having contact with a child;\ndisciplinary action is taken against the person;\na domestic violence order is made, or a police protection direction is issued, against the person.\nIn this section—\ncorresponding interstate application means—\nfor a disability worker screening application—an application, however called, made under a corresponding law that corresponds to a disability worker screening application; or\nfor a working with children check application—an application, however called, made under a corresponding WWC law that corresponds to a working with children check application.\ncorresponding State law means a law of another State that relates to the screening of persons who carry out, or propose to carry out, work in that State that corresponds to State disability work.\ncorresponding WWC law means a law of another State that substantially corresponds to the Working with Children Act .\ninterstate clearance means—\nan interstate NDIS clearance; or\na clearance, however called, issued under a corresponding State law that corresponds to a State clearance.\ninterstate exclusion means—\nan interstate NDIS exclusion; or\nan exclusion, however called, issued under a corresponding State law that corresponds to a State exclusion.\ninterstate WWC authority means an authority, however called, issued under a corresponding WWC law that corresponds to a working with children clearance.\nnegative notice means—\na negative notice under the Working with Children Act ; or\na notice, however called, issued under a corresponding WWC law that corresponds to a notice mentioned in paragraph (a) .\ns 11 prev s 11 amd 2018 SL No. 87 s 4 ; 2019 SL No. 109 s 4 ; 2020 SL No. 146 s 3\nom 2020 SL No. 264 s 4\npres s 11 (prev s 6AE) ins 2021 SL No. 2 s 6\nrenum 2021 SL No. 2 s 14\namd 2025 SL No. 129 s 12\n(sec.11-ssec.1) For schedule 8 of the Act , definition risk assessment matter , each of the following is prescribed to be a risk assessment matter in relation to a person— a disability worker screening application or corresponding interstate application made by the person was refused; a working with children check application or corresponding interstate application made by the person was refused; a clearance or interstate clearance held by the person was cancelled and an exclusion or interstate exclusion was issued to the person; a working with children clearance or interstate WWC authority held by the person was cancelled and a negative notice was issued to the person; the person is the subject of a workplace investigation about the person’s alleged conduct that includes— assault or violent behaviour; or inappropriate sexual behaviour; or fraud, deceit or theft; or failing to provide appropriate care for a vulnerable person in the person’s care; the person is or was the subject of an investigation by a government entity and, as a result of the investigation, the person becomes subject to a condition or restriction in relation to having contact with a child; disciplinary action is taken against the person; a domestic violence order is made, or a police protection direction is issued, against the person.\n(sec.11-ssec.2) In this section— corresponding interstate application means— for a disability worker screening application—an application, however called, made under a corresponding law that corresponds to a disability worker screening application; or for a working with children check application—an application, however called, made under a corresponding WWC law that corresponds to a working with children check application. corresponding State law means a law of another State that relates to the screening of persons who carry out, or propose to carry out, work in that State that corresponds to State disability work. corresponding WWC law means a law of another State that substantially corresponds to the Working with Children Act . interstate clearance means— an interstate NDIS clearance; or a clearance, however called, issued under a corresponding State law that corresponds to a State clearance. interstate exclusion means— an interstate NDIS exclusion; or an exclusion, however called, issued under a corresponding State law that corresponds to a State exclusion. interstate WWC authority means an authority, however called, issued under a corresponding WWC law that corresponds to a working with children clearance. negative notice means— a negative notice under the Working with Children Act ; or a notice, however called, issued under a corresponding WWC law that corresponds to a notice mentioned in paragraph (a) .\n- (a) a disability worker screening application or corresponding interstate application made by the person was refused;\n- (b) a working with children check application or corresponding interstate application made by the person was refused;\n- (c) a clearance or interstate clearance held by the person was cancelled and an exclusion or interstate exclusion was issued to the person;\n- (d) a working with children clearance or interstate WWC authority held by the person was cancelled and a negative notice was issued to the person;\n- (e) the person is the subject of a workplace investigation about the person’s alleged conduct that includes— (i) assault or violent behaviour; or (ii) inappropriate sexual behaviour; or (iii) fraud, deceit or theft; or (iv) failing to provide appropriate care for a vulnerable person in the person’s care;\n- (i) assault or violent behaviour; or\n- (ii) inappropriate sexual behaviour; or\n- (iii) fraud, deceit or theft; or\n- (iv) failing to provide appropriate care for a vulnerable person in the person’s care;\n- (f) the person is or was the subject of an investigation by a government entity and, as a result of the investigation, the person becomes subject to a condition or restriction in relation to having contact with a child;\n- (g) disciplinary action is taken against the person;\n- (h) a domestic violence order is made, or a police protection direction is issued, against the person.\n- (i) assault or violent behaviour; or\n- (ii) inappropriate sexual behaviour; or\n- (iii) fraud, deceit or theft; or\n- (iv) failing to provide appropriate care for a vulnerable person in the person’s care;\n- (a) for a disability worker screening application—an application, however called, made under a corresponding law that corresponds to a disability worker screening application; or\n- (b) for a working with children check application—an application, however called, made under a corresponding WWC law that corresponds to a working with children check application.\n- (a) an interstate NDIS clearance; or\n- (b) a clearance, however called, issued under a corresponding State law that corresponds to a State clearance.\n- (a) an interstate NDIS exclusion; or\n- (b) an exclusion, however called, issued under a corresponding State law that corresponds to a State exclusion.\n- (a) a negative notice under the Working with Children Act ; or\n- (b) a notice, however called, issued under a corresponding WWC law that corresponds to a notice mentioned in paragraph (a) .","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Restrictive practices","content":"# Restrictive practices","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Service providers to which pt 6 of the Act does not apply— Act , s 140","content":"### sec.12 Service providers to which pt 6 of the Act does not apply— Act , s 140\n\nFor section 140 (2) of the Act , a service provider that is a registered provider under the Aged Care Act 2024 (Cwlth) is prescribed if—\nthe service provider is providing disability services or NDIS supports or services to an adult; and\nthe adult has an approval, under the Aged Care Act 2024 (Cwlth) , section 65 (2) , to access funded aged care services for the service group residential care.\nIn this section—\nfunded aged care services see the Aged Care Act 2024 (Cwlth) , section 7 .\nservice group see the Aged Care Act 2024 (Cwlth) , section 7 .\ns 12 (prev s 6A) ins 2019 SL No. 125 s 7\namd 2020 SL No. 254 s 5\nrenum 2021 SL No. 2 s 14\namd 2023 SL No. 120 s 3 ; 2025 SL No. 47 s 4\n(sec.12-ssec.1) For section 140 (2) of the Act , a service provider that is a registered provider under the Aged Care Act 2024 (Cwlth) is prescribed if— the service provider is providing disability services or NDIS supports or services to an adult; and the adult has an approval, under the Aged Care Act 2024 (Cwlth) , section 65 (2) , to access funded aged care services for the service group residential care.\n(sec.12-ssec.2) In this section— funded aged care services see the Aged Care Act 2024 (Cwlth) , section 7 . service group see the Aged Care Act 2024 (Cwlth) , section 7 .\n- (a) the service provider is providing disability services or NDIS supports or services to an adult; and\n- (b) the adult has an approval, under the Aged Care Act 2024 (Cwlth) , section 65 (2) , to access funded aged care services for the service group residential care.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Information about restrictive practice approvals— Act , s 199","content":"### sec.13 Information about restrictive practice approvals— Act , s 199\n\nThis section applies if a relevant service provider is using a restrictive practice in relation to an adult with an intellectual or cognitive disability.\nWithin 14 days after the provider is given the restrictive practice approval to use the restrictive practice, the provider must give the following information to the chief executive—\nthe adult’s—\nfull name; and\nunique client identifier; and\ndate of birth; and\ngender; and\nprimary disability;\nthe relevant service provider’s—\nname; and\nprovider number; and\ncontact telephone number; and\nemail address;\nthe type of disability services or NDIS supports or services provided by the service provider;\nthe person, identified by name or position title, authorised by the service provider to use the restrictive practice;\nthe type of approval;\nwho gave the approval;\nthe restrictive practice;\nthe date of the positive behaviour support plan for the adult that provides for the use of the restrictive practice;\nthe date the approval was given;\nthe date the approval expires.\nWithin 14 days after a change in any of the information given under subsection (2) , the provider must give the chief executive the current information.\nThe relevant service provider must give the information in the form approved by the chief executive.\nIn this section—\nCEO means CEO within the meaning of the National Disability Insurance Scheme Act 2013 (Cwlth) .\nprovider number means—\nfor each relevant service provider—the unique number allocated to the relevant service provider under a service contract between the relevant service provider and the department; and\nfor a relevant service provider who is an NDIS service provider—any unique registration number allocated to the relevant service provider by the CEO on the relevant service provider’s registration as a registered provider of supports.\nregistered provider of supports means a registered provider of supports within the meaning of the National Disability Insurance Scheme Act 2013 (Cwlth) .\nrestrictive practice approval see section 195 (7) of the Act .\ns 13 (prev s 7) amd 2021 SL No. 2 s 8\nrenum 2021 SL No. 2 s 14\namd 2023 SL No. 120 s 4\n(sec.13-ssec.1) This section applies if a relevant service provider is using a restrictive practice in relation to an adult with an intellectual or cognitive disability.\n(sec.13-ssec.2) Within 14 days after the provider is given the restrictive practice approval to use the restrictive practice, the provider must give the following information to the chief executive— the adult’s— full name; and unique client identifier; and date of birth; and gender; and primary disability; the relevant service provider’s— name; and provider number; and contact telephone number; and email address; the type of disability services or NDIS supports or services provided by the service provider; the person, identified by name or position title, authorised by the service provider to use the restrictive practice; the type of approval; who gave the approval; the restrictive practice; the date of the positive behaviour support plan for the adult that provides for the use of the restrictive practice; the date the approval was given; the date the approval expires.\n(sec.13-ssec.3) Within 14 days after a change in any of the information given under subsection (2) , the provider must give the chief executive the current information.\n(sec.13-ssec.4) The relevant service provider must give the information in the form approved by the chief executive.\n(sec.13-ssec.5) In this section— CEO means CEO within the meaning of the National Disability Insurance Scheme Act 2013 (Cwlth) . provider number means— for each relevant service provider—the unique number allocated to the relevant service provider under a service contract between the relevant service provider and the department; and for a relevant service provider who is an NDIS service provider—any unique registration number allocated to the relevant service provider by the CEO on the relevant service provider’s registration as a registered provider of supports. registered provider of supports means a registered provider of supports within the meaning of the National Disability Insurance Scheme Act 2013 (Cwlth) . restrictive practice approval see section 195 (7) of the Act .\n- (a) the adult’s— (i) full name; and (ii) unique client identifier; and (iii) date of birth; and (iv) gender; and (v) primary disability;\n- (i) full name; and\n- (ii) unique client identifier; and\n- (iii) date of birth; and\n- (iv) gender; and\n- (v) primary disability;\n- (b) the relevant service provider’s— (i) name; and (ii) provider number; and (iii) contact telephone number; and (iv) email address;\n- (i) name; and\n- (ii) provider number; and\n- (iii) contact telephone number; and\n- (iv) email address;\n- (c) the type of disability services or NDIS supports or services provided by the service provider;\n- (d) the person, identified by name or position title, authorised by the service provider to use the restrictive practice;\n- (e) the type of approval;\n- (f) who gave the approval;\n- (g) the restrictive practice;\n- (h) the date of the positive behaviour support plan for the adult that provides for the use of the restrictive practice;\n- (i) the date the approval was given;\n- (j) the date the approval expires.\n- (i) full name; and\n- (ii) unique client identifier; and\n- (iii) date of birth; and\n- (iv) gender; and\n- (v) primary disability;\n- (i) name; and\n- (ii) provider number; and\n- (iii) contact telephone number; and\n- (iv) email address;\n- (a) for each relevant service provider—the unique number allocated to the relevant service provider under a service contract between the relevant service provider and the department; and\n- (b) for a relevant service provider who is an NDIS service provider—any unique registration number allocated to the relevant service provider by the CEO on the relevant service provider’s registration as a registered provider of supports.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Information about use of restrictive practices— Act , s 199","content":"### sec.14 Information about use of restrictive practices— Act , s 199\n\nThis section applies if a relevant service provider is using a restrictive practice in relation to an adult with an intellectual or cognitive disability.\nThe provider must give the following information to the chief executive for each calendar month in which the restrictive practice is used—\nthe adult’s full name;\nthe adult’s unique client identifier;\nthe restrictive practice used;\nthe days on which, or the days between which, the restrictive practice was used;\nthe times when the restrictive practice started and ended on each of the days;\nthe frequency with which the restrictive practice was used;\nany episodic or isolated uses of the restrictive practice;\nthe place where the restrictive practice was used;\nany injury to a person that happened when the restrictive practice was used;\nif a mechanical or physical restraint was used—the type of restraint;\nif the restrictive practice involved restricting access to an object—the object;\nif a medication was used as a chemical restraint—\nthe generic name of the medication; and\nthe proprietary name of the medication; and\nthe prescribed dose of the medication; and\nthe prescribed frequency of the dose of the medication; and\nthe name of the doctor who prescribed the medication.\nThe provider must give the information to the chief executive using an electronic system approved by the chief executive.\nThe provider must give the information to the chief executive—\non the second Friday of the calendar month immediately after the calendar month in which the restrictive practice is used; and\nat other times if the chief executive, by written notice to the provider, requires the provider to do so.\nA notice under subsection (4) (b) must state—\nthe period to which the information must relate; and\nthe type of information, mentioned in subsection (2) , that the provider is required to give; and\nwhen the provider must give the information to the chief executive.\ns 14 (prev s 8) renum 2021 SL No. 2 s 14\n(sec.14-ssec.1) This section applies if a relevant service provider is using a restrictive practice in relation to an adult with an intellectual or cognitive disability.\n(sec.14-ssec.2) The provider must give the following information to the chief executive for each calendar month in which the restrictive practice is used— the adult’s full name; the adult’s unique client identifier; the restrictive practice used; the days on which, or the days between which, the restrictive practice was used; the times when the restrictive practice started and ended on each of the days; the frequency with which the restrictive practice was used; any episodic or isolated uses of the restrictive practice; the place where the restrictive practice was used; any injury to a person that happened when the restrictive practice was used; if a mechanical or physical restraint was used—the type of restraint; if the restrictive practice involved restricting access to an object—the object; if a medication was used as a chemical restraint— the generic name of the medication; and the proprietary name of the medication; and the prescribed dose of the medication; and the prescribed frequency of the dose of the medication; and the name of the doctor who prescribed the medication.\n(sec.14-ssec.3) The provider must give the information to the chief executive using an electronic system approved by the chief executive.\n(sec.14-ssec.4) The provider must give the information to the chief executive— on the second Friday of the calendar month immediately after the calendar month in which the restrictive practice is used; and at other times if the chief executive, by written notice to the provider, requires the provider to do so.\n(sec.14-ssec.5) A notice under subsection (4) (b) must state— the period to which the information must relate; and the type of information, mentioned in subsection (2) , that the provider is required to give; and when the provider must give the information to the chief executive.\n- (a) the adult’s full name;\n- (b) the adult’s unique client identifier;\n- (c) the restrictive practice used;\n- (d) the days on which, or the days between which, the restrictive practice was used;\n- (e) the times when the restrictive practice started and ended on each of the days;\n- (f) the frequency with which the restrictive practice was used;\n- (g) any episodic or isolated uses of the restrictive practice;\n- (h) the place where the restrictive practice was used;\n- (i) any injury to a person that happened when the restrictive practice was used;\n- (j) if a mechanical or physical restraint was used—the type of restraint;\n- (k) if the restrictive practice involved restricting access to an object—the object;\n- (l) if a medication was used as a chemical restraint— (i) the generic name of the medication; and (ii) the proprietary name of the medication; and (iii) the prescribed dose of the medication; and (iv) the prescribed frequency of the dose of the medication; and (v) the name of the doctor who prescribed the medication.\n- (i) the generic name of the medication; and\n- (ii) the proprietary name of the medication; and\n- (iii) the prescribed dose of the medication; and\n- (iv) the prescribed frequency of the dose of the medication; and\n- (v) the name of the doctor who prescribed the medication.\n- (i) the generic name of the medication; and\n- (ii) the proprietary name of the medication; and\n- (iii) the prescribed dose of the medication; and\n- (iv) the prescribed frequency of the dose of the medication; and\n- (v) the name of the doctor who prescribed the medication.\n- (a) on the second Friday of the calendar month immediately after the calendar month in which the restrictive practice is used; and\n- (b) at other times if the chief executive, by written notice to the provider, requires the provider to do so.\n- (a) the period to which the information must relate; and\n- (b) the type of information, mentioned in subsection (2) , that the provider is required to give; and\n- (c) when the provider must give the information to the chief executive.","sortOrder":19},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Prescribed relevant service providers— Act , s 199","content":"### sec.15 Prescribed relevant service providers— Act , s 199\n\nFor section 199 (1) of the Act , an NDIS provider providing a class of supports to a participant under a plan is prescribed.\nIn this section—\nclass of supports means a class of supports mentioned in the NDIS (Registration) Rules , section 20 (3) .\nNDIS (Registration) Rules means the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Cwlth) .\nparticipant see the NDIS Act , section 9 .\nplan see the NDIS Act , section 9 .\ns 15 (prev s 8A) ins 2019 SL No. 125 s 8\namd 2021 SL No. 2 s 10\nrenum 2021 SL No. 2 s 14\n(sec.15-ssec.1) For section 199 (1) of the Act , an NDIS provider providing a class of supports to a participant under a plan is prescribed.\n(sec.15-ssec.2) In this section— class of supports means a class of supports mentioned in the NDIS (Registration) Rules , section 20 (3) . NDIS (Registration) Rules means the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Cwlth) . participant see the NDIS Act , section 9 . plan see the NDIS Act , section 9 .","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Records funded service provider must make and keep— Act , s 215","content":"### sec.16 Records funded service provider must make and keep— Act , s 215\n\nFor section 215 of the Act , the records a funded service provider must make and keep are as follows—\nthe address of each of the provider’s service outlets;\nfor each of the provider’s consumers—\nthe consumer’s name, address and telephone number; and\nthe name, address and telephone number of the person nominated by the consumer as the emergency contact for the consumer;\nthe following relating to the screening of persons engaged or proposed to be engaged by the provider—\ncopies of applications or other documents given by the provider to the chief executive;\ndocuments received by the provider from the chief executive;\ndocuments relating to written complaints made to the provider about the delivery or non-delivery of disability services by the provider;\ncopies of documents given by the provider to the chief executive relating to incidents that have happened in the provision of disability services by the provider;\nif a compliance notice has been given to the provider by the chief executive, a copy of the compliance notice;\nthe financial records required to be kept by the provider under the funding agreement entered into by the provider.\nA record mentioned in subsection (1) must be kept for at least 7 years after the record is made.\nIn this section—\ncompliance notice see the Community Services Act 2007 , section 19 (1) .\ns 16 (prev s 9) renum 2021 SL No. 2 s 14\namd 2023 SL No. 120 s 5\n(sec.16-ssec.1) For section 215 of the Act , the records a funded service provider must make and keep are as follows— the address of each of the provider’s service outlets; for each of the provider’s consumers— the consumer’s name, address and telephone number; and the name, address and telephone number of the person nominated by the consumer as the emergency contact for the consumer; the following relating to the screening of persons engaged or proposed to be engaged by the provider— copies of applications or other documents given by the provider to the chief executive; documents received by the provider from the chief executive; documents relating to written complaints made to the provider about the delivery or non-delivery of disability services by the provider; copies of documents given by the provider to the chief executive relating to incidents that have happened in the provision of disability services by the provider; if a compliance notice has been given to the provider by the chief executive, a copy of the compliance notice; the financial records required to be kept by the provider under the funding agreement entered into by the provider.\n(sec.16-ssec.2) A record mentioned in subsection (1) must be kept for at least 7 years after the record is made.\n(sec.16-ssec.3) In this section— compliance notice see the Community Services Act 2007 , section 19 (1) .\n- (a) the address of each of the provider’s service outlets;\n- (b) for each of the provider’s consumers— (i) the consumer’s name, address and telephone number; and (ii) the name, address and telephone number of the person nominated by the consumer as the emergency contact for the consumer;\n- (i) the consumer’s name, address and telephone number; and\n- (ii) the name, address and telephone number of the person nominated by the consumer as the emergency contact for the consumer;\n- (c) the following relating to the screening of persons engaged or proposed to be engaged by the provider— (i) copies of applications or other documents given by the provider to the chief executive; (ii) documents received by the provider from the chief executive;\n- (i) copies of applications or other documents given by the provider to the chief executive;\n- (ii) documents received by the provider from the chief executive;\n- (d) documents relating to written complaints made to the provider about the delivery or non-delivery of disability services by the provider;\n- (e) copies of documents given by the provider to the chief executive relating to incidents that have happened in the provision of disability services by the provider;\n- (f) if a compliance notice has been given to the provider by the chief executive, a copy of the compliance notice;\n- (g) the financial records required to be kept by the provider under the funding agreement entered into by the provider.\n- (i) the consumer’s name, address and telephone number; and\n- (ii) the name, address and telephone number of the person nominated by the consumer as the emergency contact for the consumer;\n- (i) copies of applications or other documents given by the provider to the chief executive;\n- (ii) documents received by the provider from the chief executive;","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Fees","content":"### sec.17 Fees\n\nThe fees payable under the Act are stated in schedule 1 .\ns 17 (prev s 12) amd 2018 SL No. 87 s 5 ; 2019 SL No. 109 s 5 ; 2020 SL No. 146 s 4\nsub 2020 SL No. 264 s 5\nrenum 2021 SL No. 2 s 14","sortOrder":23},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.17A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 17A ins 2022 SL No. 83 s 4\n(sec.17A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.17A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Refund or waiver of fees","content":"### sec.18 Refund or waiver of fees\n\nThis section applies if a person who holds a clearance—\ngives the chief executive a notice under section 103 of the Act in relation to the clearance; and\nis required to pay the prescribed application fee under section 103 (3) of the Act .\nThe chief executive must waive the proportion of the amount of a prescribed application fee mentioned in schedule 1 , item 2 or 4 that is the same as the proportion of the term of the person’s clearance, rounded down to the nearest whole year, that elapsed before the notice was given.\ns 18 (prev s 13) amd 2018 SL No. 87 s 4 ; 2019 SL No. 109 s 4 ; 2020 SL No. 146 s 3\nsub 2020 SL No. 264 s 5\nrenum 2021 SL No. 2 s 14\namd 2022 SL No. 83 s 5\n(sec.18-ssec.1) This section applies if a person who holds a clearance— gives the chief executive a notice under section 103 of the Act in relation to the clearance; and is required to pay the prescribed application fee under section 103 (3) of the Act .\n(sec.18-ssec.2) The chief executive must waive the proportion of the amount of a prescribed application fee mentioned in schedule 1 , item 2 or 4 that is the same as the proportion of the term of the person’s clearance, rounded down to the nearest whole year, that elapsed before the notice was given.\n- (a) gives the chief executive a notice under section 103 of the Act in relation to the clearance; and\n- (b) is required to pay the prescribed application fee under section 103 (3) of the Act .","sortOrder":25},{"sectionNumber":"pt.5","sectionType":"part","heading":"Repeal and transitional provision","content":"# Repeal and transitional provision","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Repeal","content":"### sec.19 Repeal\n\nThe Disability Services Regulation 2006 , SL No. 161 is repealed.\ns 19 (prev s 14) renum 2021 SL No. 2 s 14","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"References in s 9(1)(f) to compliance notice","content":"### sec.20 References in s 9(1)(f) to compliance notice\n\nIn section 9(1)(f), a reference to a compliance notice includes a reference to a compliance notice given under former section 161 of the Act .\nIn this section—\nformer section 161 of the Act means section 161 of the Act as in force from time to time before its repeal by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 , section 59 .\nSection 59 of that Act commenced on 1 July 2014.\nSection 9 was renumbered by the Disability Services and Other Legislation (Worker Screening) Amendment Regulation 2021 , section 14 .\ns 20 (prev s 15) amd 2021 SL No. 2 s 12\nrenum 2021 SL No. 2 s 14\n(sec.20-ssec.1) In section 9(1)(f), a reference to a compliance notice includes a reference to a compliance notice given under former section 161 of the Act .\n(sec.20-ssec.2) In this section— former section 161 of the Act means section 161 of the Act as in force from time to time before its repeal by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 , section 59 . Section 59 of that Act commenced on 1 July 2014. Section 9 was renumbered by the Disability Services and Other Legislation (Worker Screening) Amendment Regulation 2021 , section 14 .","sortOrder":28},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Particular fees related to NDIS clearances","content":"# Particular fees related to NDIS clearances","sortOrder":29},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Other fees","content":"# Other fees","sortOrder":30}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation does not merely restate the Act: it narrows and specifies operational scope by prescribing which services and entities must apply screening (s 5), by setting the residency/engagement criterion for NDIS screening applications (s 6), and by excluding certain aged‑care registered providers from part 6 when an adult accesses residential aged care (s 12). It also adds procedural duties (restrictive‑practice notifications ss 13–14, records s 16) and fee mechanics (ss 17–18), thereby refining how and where the Act applies in practice."},"complexity_factors":["Multiple cross‑references to Commonwealth laws and national bodies (National Disability Insurance Scheme Act, Aged Care Act, NDIS Commission) which require interjurisdictional alignment (see ss 5, 12, 15).","Prescriptive lists and definitions (prescribed entities, risk assessment matters, serious/disqualifying offences) that expand by reference to schedules and other legislation (see ss 5, 10, 11).","Operational reporting requirements with strict timeframes and an approved electronic system for monthly restrictive‑practice data (ss 13–14).","Record‑keeping retention rule (7 years) and detailed records required from funded providers (s 16).","Fee mechanics including fee‑unit rounding rules and partial fee waivers tied to clearance terms (ss 17, 17A, 18).","Interplay between State screening and interstate clearances/WWC authorities, increasing administrative complexity for worker mobility (s 11 definitions).","Discretion held by the chief executive over approved forms, electronic systems and notices (ss 13–14), creating implementation and compliance‑interpretation risk.","Frequent amendments and renumbering in the regulation text (multiple amending notes), which can complicate locating current obligations."],"plain_english_summary":"This regulation supplies the detailed rules that make the Disability Services Act operational: it prescribes which services and entities are subject to worker‑screening, sets criteria and notification duties, requires monthly electronic reporting of restrictive practices used on adults with intellectual or cognitive disability, and fixes record‑keeping and fee rules. It affects disability service providers (including many NDIS‑funded or Commonwealth‑funded services) and screened workers by assigning compliance costs, reporting obligations and administrative discretion to the chief executive."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2017 scope. Originally focused on Queensland state-based disability services, it has grown to encompass extensive NDIS (National Disability Insurance Scheme) integration, including worker screening for federal scheme participants, reporting requirements for NDIS providers, and complex interactions with the Aged Care Act 2024. The 2021 amendments (SL No. 2) appear to have been particularly substantial, renumbering multiple sections and inserting new provisions to align with federal disability reforms. The regulation now operates as a hybrid State-Commonwealth instrument rather than purely Queensland legislation."},"complexity_factors":["Heavy cross-referencing to multiple Commonwealth Acts including the NDIS Act 2013, Aged Care Act 2024, Social Security Act 1991, and Health Practitioner Regulation National Law","Nested conditional definitions, particularly for 'continuity of support service' in section 5 which includes age thresholds that differ based on Indigenous status (50 vs 65 years)","Multiple amendment histories shown inline (e.g., 'sub 2021 SL No. 2 s 6') creating visual clutter and indicating frequent legislative churn","Extensive use of defined terms that reference other defined terms (e.g., 'corresponding interstate application' defined differently depending on context)","Duplicated content in both structured and list formats (sections appear to be rendered twice—once as prose, once as bullet points)","Interplay between State and Commonwealth jurisdictions requiring providers to navigate both Queensland and federal NDIS requirements simultaneously","Specific reporting requirements for restrictive practices include 14 distinct data points in section 13 and 12 distinct data points in section 14 with specific timing requirements"],"plain_english_summary":"This regulation sets out the detailed rules for how Queensland's disability services system operates, particularly focusing on two main areas: **worker screening** and **restrictive practices**.\n\n**Worker Screening (Who can work with vulnerable people)**\nThe regulation specifies which organisations must ensure their staff undergo background checks before working with people with disabilities. This includes:\n- The National Disability Insurance Scheme (NDIS) Commission and Agency\n- Service providers receiving Commonwealth funding for specific services like local area coordination or early intervention supports\n- Providers offering 'continuity of support' services to older people with disabilities (50+ for Aboriginal and Torres Strait Islander people, 65+ for others)\n\nIt also defines what counts as a 'serious offence' or 'disqualifying offence' that would prevent someone from getting clearance to work in the sector, and lists factors that must be considered when assessing if someone poses a risk—such as previous failed working-with-children checks, workplace investigations involving violence or theft, or domestic violence orders.\n\n**Restrictive Practices (When and how providers can restrict a person's freedom)**\nThe regulation requires service providers to report detailed information to the government when they use restrictive practices (like physical restraint or medication to control behaviour) on adults with intellectual or cognitive disabilities. Providers must submit:\n- Personal details of the adult and the provider\n- What type of restriction was used and when\n- Any injuries that occurred\n- Detailed medication information if chemical restraints were used\n\n**Record Keeping and Fees**\nFunded service providers must keep specific records for at least 7 years, including consumer contact details, complaint records, incident reports, and financial records. The regulation also sets out how application fees for worker screening are calculated and when they can be waived or refunded.\n\n**Why it matters:** This regulation protects vulnerable Queenslanders with disabilities by ensuring only suitable people work in the sector, and by closely monitoring when providers use restrictive practices that limit people's freedom."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has significantly expanded in scope since its 2017 commencement. Originally focused on basic worker screening and record-keeping for Queensland state disability services, it has grown through repeated amendments to encompass: NDIS worker screening (a national scheme layered over the state scheme), detailed restrictive practice reporting obligations, exemptions for aged care providers, additional prescribed entities for information sharing (including health regulators and the animal care regulator), and continuity of support services for older Australians transitioning from pre-NDIS arrangements. The inclusion of the animal care department as a prescribed entity for information-sharing is a notable expansion beyond the core disability services context."},"complexity_factors":["Operates as a subordinate instrument to the Disability Services Act 2006 (Qld), requiring constant cross-referencing to understand full effect","Extensively cross-references multiple other Queensland and Commonwealth statutes (NDIS Act, Aged Care Act 2024, Forensic Disability Act, Working with Children Act, Health Practitioner Regulation National Law, Animal Care and Protection Act, Health Ombudsman Act, Social Security Act)","Dual regulatory framework — applies to both Queensland state disability scheme AND the national NDIS scheme, with different rules for each","Multiple rounds of amendment since 2017 (amended in 2018, 2019, 2020, 2021, 2022, 2023, 2025) creating renumbered sections and deleted provisions that complicate reading the current version","Detailed and prescriptive reporting obligations with specific timelines (14-day and monthly requirements) and format requirements","Schedules of serious offences and disqualifying offences referenced but not fully reproduced in the main body, requiring access to separate schedules","Age-differentiated provisions (different thresholds for Aboriginal and Torres Strait Islander persons vs. others) in the continuity of support service definition adds nuance","Fee unit calculation methodology introduces mathematical and rounding complexity","Risk assessment matters list draws on concepts from multiple distinct regulatory regimes (worker screening, working with children, domestic violence, professional discipline)"],"plain_english_summary":"The Disability Services Regulation 2017 (Qld) implements detailed rules under the Disability Services Act 2006 about who must be screened to work with people with disability, when and how restrictive practices may be used and reported, and what records and fees government-funded providers must keep.  \n\nIt affects disability workers, service providers, adults receiving supports, and government agencies — creating oversight, safety checks and compliance obligations to protect vulnerable people and ensure accountable service delivery."}},"importantCases":[],"_links":{"self":"/api/acts/disability-services-regulation-2017","history":"/api/acts/disability-services-regulation-2017/history","analysis":"/api/acts/disability-services-regulation-2017/analysis","conflicts":"/api/acts/disability-services-regulation-2017/conflicts","importantCases":"/api/acts/disability-services-regulation-2017/important-cases","documents":"/api/acts/disability-services-regulation-2017/documents"}}