Disability Services Act 2006
sec.376Working with children authority holders
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sec.376 Working with children authority holders
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. 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. However, this section does not apply to a person who is a transitioned applicant for a transitioned application on the commencement. 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. 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. 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with Children Act ; the person makes a disability worker screening application and the application is decided or withdrawn or an interim bar is imposed on the person. s 376 ins 2020 No. 39 s 24 (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. (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. (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. (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. (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. (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.