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Disability Inclusion Act 2018
Subdiv 1Information gathering
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Subdivision 1—Information gathering
18U—Court to provide notice of certain findings of guilt to central assessment unit
A court that finds a person guilty of a disqualification offence or presumptive disqualification offence must ensure that the prescribed information relating to the finding of guilt is provided, in accordance with the regulations, to the central assessment unit.
18V—Commissioner of Police to provide information to central assessment unit on charging of certain persons
Without limiting any other Act or law that requires or authorises the Commissioner of Police to disclose information, the Commissioner of Police must ensure that, if a police officer lays a charge of a disqualification offence or presumptive disqualification offence against a person, the prescribed information relating to the charge is provided to the central assessment unit as soon as is reasonably practicable after the person is charged.
18W—Power to require information from applicant or clearance holder
(1) The central assessment unit may, by notice in writing to an applicant for a clearance or the holder of a clearance, request the applicant or holder to provide relevant information about the person for an NDIS purpose.
(2) The central assessment unit may terminate an application for a clearance or cancel a clearance if the applicant or holder fails, without reasonable excuse, to provide requested information within the period required for compliance with the request (unless the central assessment unit has withdrawn the request).
(3) The period required for compliance with a request for information is the period of not less than 7 days specified by the central assessment unit in the request (however the central assessment unit may extend and further extend the period required for compliance with the request).
(4) The central assessment unit must, as soon as practicable after terminating an application or cancelling a clearance under this section, give written notice of the termination or cancellation to the applicant or holder of the clearance.
(5) The central assessment unit may give written notice of the termination of an application or cancellation of a clearance under this section to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the applicant or holder.
18X—Power to require information from other persons
(1) The central assessment unit may, by notice in writing, for the purposes of—
(a) determining an application for a clearance or a risk assessment of an applicant or the holder of a clearance; or
(b) a review of a decision in accordance with this Part,
require a specified person to provide to the central assessment unit within a specified period such information or documents in their possession as may be relevant to an assessment of whether a specified person poses a risk of harm to people with disability.
(2) If a person fails to comply with a requirement under subsection (1), the central assessment unit may, by further notice in writing served on the person (an enforcement notice), direct the person to comply with a notice under subsection (1) within the period (being not less than 28 days) specified in the notice.
(3) The central assessment unit may revoke an enforcement notice at any time.
(4) A person who fails, without reasonable excuse, to comply with an enforcement notice is guilty of an offence.
(5) If documents are given to the central assessment unit under this section, the central assessment unit—
(a) may take possession of, and make copies of or take extracts from, the documents; and
(b) may keep possession of the documents for such period as is reasonably necessary; and
(c) during that period must permit them to be inspected at all reasonable times by the persons who would be entitled to inspect them if they were not in the possession of the central assessment unit.