Subdiv 2Information sharing and use

Subdivision 2—Information sharing and use 18Y—Central assessment unit may disclose etc information with other jurisdictions (1) Despite a provision of this or any other Act or law, the central assessment unit is authorised to receive and make use of information relevant to the functions of the central assessment unit under this Part from any person or body in this or any other jurisdiction. (2) Despite a provision of this or any other Act or law, the central assessment unit is authorised to disclose information (not being information classified by the Commissioner of Police as criminal intelligence) in the possession of the central assessment unit to a prescribed person or body in another State or Territory for an NDIS purpose. (a) a person or body whose official function consists of or includes the screening of persons who work with people with disability (however described); or (b) any other person or body prescribed by the regulations for the purposes of this paragraph. 18Z—Access to police information (1) The Commissioner of Police is authorised to disclose the following information for the purpose of the use of the information in assessing and determining whether a person who engages or proposes to engage in NDIS work poses a risk of harm to persons with disability: (a) information relating to any matter that may cause a person to be a disqualified person or require a risk assessment of a person under this Part or a corresponding law; (b) information relating to the criminal history of a person; (c) without limiting a preceding paragraph, information relating to the circumstances of an offence or other matter disclosed under this section. (2) The disclosure of information under this section is limited to disclosure to any of the following: (a) the central assessment unit; (b) an interstate screening agency; (c) the Australian Criminal Intelligence Commission; (d) a law enforcement agency of the Commonwealth or another State or Territory. (3) A person to whom information is disclosed under this section may disclose that information to an interstate screening agency for the purposes of the use of the information in assessing and determining whether a person who engages or proposes to engage in NDIS work poses a risk of harm to persons with disability. (4) Information relating to a person's criminal history may be disclosed under this section whether or not the information relates to offences that cause or may cause the person to be a disqualified person or require a risk assessment of the person under this Part or a corresponding law. (5) This section does not limit the persons to whom, or the circumstances in which, information relating to the criminal history, including the criminal record, of persons may be disclosed apart from this Part. (6) This section does not limit the powers of the Commissioner of Police to disclose relevant information as an authorised person under this Part. (7) In this section— interstate screening agency means a person or body exercising functions in the execution or administration of a corresponding law. 18ZA—Provision of information to central assessment unit (1) Despite a provision of this or any other Act or law, a person or body (including, to avoid doubt, a State authority or public sector employee within the meaning of the Public Sector Act 2009) may provide to the central assessment unit any information that the person or body reasonably believes is relevant to the functions of the central assessment unit under this Part. (2) A person or body incurs no civil or criminal liability in respect of the provision of information to the central assessment unit in good faith and without negligence under this section. 18ZB—Provision of information to NDIS employers and participants Without limiting any other provision of this Part, the central assessment unit may provide the following information about a person to an NDIS employer or participant who engages or proposes to engage the person to do NDIS work: (a) information relevant to verification of the identity of the person; (b) information about the outcome of any application for a clearance by or risk assessment of the person under this Part or a corresponding law; (c) such other information as may be prescribed by the regulations for the purposes of this paragraph. 18ZC—Power to retain information etc indefinitely (1) The central assessment unit may keep information, documents or other records received by the central assessment unit under this Part indefinitely (however, nothing in this subsection requires the central assessment unit to do so). (2) The central assessment unit may, in accordance with any requirements set out in the regulations, dispose of information, documents or other records received by the central assessment unit under this Part. Subdivision 3—Miscellaneous 18ZD—Notification by reporting bodies of conduct requiring risk assessment (1) A reporting body must notify the central assessment unit of the name and other identifying particulars of any person against whom the reporting body has made a finding that the person has engaged in conduct that constitutes circumstances prescribed by the regulations as requiring a risk assessment of the person. (2) Subsection (1) does not apply in relation to findings made before the commencement of this section (however, a reporting body may, but need not, notify the central assessment unit of any such finding made before the commencement of this section). (3) A notification under subsection (1) must be made in a manner and form determined by the central assessment unit. (4) A reporting body may amend or withdraw a notification under this section at any time by notice in writing to the central assessment unit. (5) The regulations may make provision— (a) requiring the provision by reporting bodies of further particulars of any conduct in respect of which a finding is notified under this section; or (b) requiring the keeping of records by reporting bodies of information about findings required to be notified under this section. (6) In this section— reporting body means— (a) a State authority that is prescribed by the regulations for the purposes of this section; or (b) a registration or other licensing authority that is constituted under an Act and that is prescribed by the regulations for the purposes of this section; or (c) any other employer or professional or other body that supervises the conduct of an employee and that is prescribed by the regulations for the purposes of this section. 18ZE—Information sharing for national register or database Despite a provision of this or any other Act or law, the central assessment unit may disclose information obtained in the operation or administration of this Part to an authorised person for the purpose of providing relevant information for entry in a national register or database established under the NDIS Act. 18ZF—Information sharing for research, monitoring and auditing purposes Despite a provision of this or any other Act or law, the central assessment unit may disclose information obtained in the operation or administration of this Part to an authorised person for the purpose of providing relevant information for use for the purposes of research into the operation of a relevant law, or auditing of compliance with such laws. 18ZG—Disclosure of information about offences (1) An authorised person may disclose to a law enforcement agency of the State or any other jurisdiction (including a jurisdiction outside Australia) any information obtained as a result of the exercise of a function under this Part that indicates that a relevant offence may have been committed or that constitutes evidence of a relevant offence. (2) In this section— relevant offence means a disqualification offence or presumptive disqualification offence, or any other offence prescribed by the regulations for the purposes of this definition. 18ZH—Disclosure of information to prevent significant harm Despite a provision of this or any other Act or law, an authorised person may disclose to an appropriate person or body any information obtained in the operation or administration of this Part if there are reasonable grounds to suspect that there is a risk of significant harm to a person with disability, or to a child or other vulnerable person, or to a class of such persons, and the disclosure is reasonably necessary to prevent that harm. Division 6—Review of decisions by South Australian Civil and Administrative Tribunal 18ZI—Review of decisions by South Australian Civil and Administrative Tribunal (1) The South Australian Civil and Administrative Tribunal is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of a reviewable decision. (2) Subject to this section, an application for review of a reviewable decision may be made to the South Australian Civil and Administrative Tribunal within 14 days after the applicant receives notice of the relevant decision (or such longer period as the Tribunal may allow). (3) An application for review of a decision to suspend a clearance cannot be made until the suspension has been in force for at least 6 months. (4) The South Australian Civil and Administrative Tribunal may only allow an extension of time under subsection (2) if satisfied that— (a) special circumstances exist; and (b) another party will not be unreasonably disadvantaged because of the delay in commencing the proceedings. (5) In this section— non‑reviewable decision—the following decisions are non‑reviewable decisions: (a) a decision to issue an exclusion, or to cancel a clearance, where the applicant or holder is a disqualified person; (b) a decision to issue an exclusion, or to cancel a clearance, where the applicant or holder is a presumptively disqualified person as a result of there being pending criminal charges against the person; (c) any other decision under this Part of a kind declared by the regulations to be included in the ambit of this definition; reviewable decision—the following decisions (other than a decision that is a non‑reviewable decision) are reviewable decisions: (a) a decision to issue an exclusion; (b) a decision to terminate an application for a clearance; (c) a decision to suspend a clearance; (d) a decision to cancel a clearance (other than a cancellation at the request of the holder of the clearance); (e) any other decision under this Part of a kind declared by the regulations to be included in the ambit of this definition. 18ZJ—Fee payable where volunteer undertakes paid employment (1) If— (a) a clearance is granted in respect of a person; and (b) the person satisfies the central assessment unit that the person is a volunteer and so pays no fee in relation to the clearance; and (c) the person uses that clearance to perform NDIS work other than as a volunteer, the person must, unless the fee is waived by the central assessment unit, pay to the central assessment unit the prescribed fee. (2) However, subsection (1) does not apply in relation to a person who performs NDIS work other than as a volunteer on less than 7 days in any 12 month period (whether or not the person also performs NDIS work on a volunteer basis during that period). (3) A payment under subsection (1) must be made as soon as is reasonably practicable (and in any case within 28 days) after the person commences NDIS work other than as a volunteer. (4) A person who fails to comply with subsection (1) is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. (5) However, a failure to comply with subsection (1) does not affect the validity of a clearance. 18ZK—Effect of Part on other rights and procedures (1) Subject to this section, nothing in this Part affects any statutory right that an employee may have in relation to employment or termination of employment. (2) However, any court or tribunal exercising jurisdiction with respect to any such right must have regard to the results of any determination of an application for a clearance or risk assessment carried out under this Part in connection with the work concerned and the welfare of people with disability as the paramount consideration in that determination or assessment. (3) Despite a provision of any other Act or law, the South Australian Employment Tribunal and any other court or tribunal will be taken not to have jurisdiction to order the payment of damages or compensation for any removal from employment of a person in connection with the operation of this Part. 18ZL—Limitation of liability Except as is specifically provided in this Part, no civil or criminal liability attaches to— (a) the central assessment unit or any other person exercising powers and functions under this Part; or (b) the Crown, in respect of an act or omission in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Part. 18ZM—False or misleading statements A person must not make a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided under this Part. Maximum penalty: $20 000. 18ZN—Evidentiary provision In any legal proceedings, a certificate issued by the central assessment unit and certifying that, on a specified day or within a specified period— (a) a specified person was, or was not, the holder of an NDIS worker check clearance; or (b) a specified person was, or was not, the subject of an NDIS worker check exclusion; or (c) a specified person had, or had not, made an application for an NDIS worker check clearance; or (d) an NDIS worker check clearance held by a specified person was, or was not, suspended; or (e) an NDIS worker check clearance held by a specified person was, or was not, cancelled, must be accepted as proved in the absence of evidence to the contrary. 18ZO—Failure to give notice of decisions A failure to give notice of a decision as required by this Part does not, of itself, affect the validity or effect of the decision. 18ZP—Central assessment unit may seek external advice (1) Despite a provision of this or any other Act or law, the central assessment unit may, in relation to any decision or determination under this Part, seek such medical, legal or other professional advice as it thinks necessary or appropriate to make the decision or determination. (2) Without limiting subsection (1), the regulations may provide for the establishment of an advisory panel to advise or assist the central assessment unit in the performance of its functions under this Part.