Schedule Sch 2 - National Disability Insurance Scheme (Worker Screening) Act 2020 - Class 2 offences | Zoe

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National Disability Insurance Scheme (Worker Screening) Act 2020

Sch 2Class 2 offences

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Schedule 2 — Class 2 offences

Notes

Compilation table 102

Uncommenced provisions table 102

Defined terms

An Act to provide for the screening of workers in connection with the operation of the National Disability Insurance Scheme and to amend certain other Acts as a consequence of this Act.

Part 1 — Preliminary

1. Short title

This is the National Disability Insurance Scheme (Worker Screening) Act 2020.

2. Commencement

(1) This Act comes into operation as follows —

(a) Part 1 — on the day on which this Act receives the Royal Assent (assent day);

(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

(2) However —

(a) if no day is fixed under subsection (1)(b) before the end of the period of 10 years beginning on assent day, this Act is repealed on the day after that period ends; or

(b) if paragraph (a) does not apply, and a provision of this Act does not come into operation before the end of the period of 10 years beginning on assent day, that provision is repealed on the day after that period ends.

3. Act binds Crown

This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

4. Paramount consideration

In performing a function under this Act, the CEO or the State Administrative Tribunal must regard the safety and wellbeing of people with disability and, in particular, their right to live free from abuse, violence, neglect and exploitation, as the paramount consideration.

5. Terms used

(1) In this Act —

Aboriginal child means a child who is a descendant of the Aboriginal people of Australia;

adult means a person who has reached 18 years of age;

another jurisdiction means a jurisdiction other than this State (including jurisdictions outside Australia);

approved means approved by the CEO;

authorised officer means an officer designated under section 53 for the purposes of this Act or for the purposes of the provision in which the term is used;

authorised person means —

(a) a person or body exercising functions in the operation or administration of a relevant law; or

(b) the NDIS Commission; or

(d) a person or body prescribed by the regulations for the purposes of this definition;

1. A person in respect of whom the National Disability Insurance Scheme (Worker Screening) Act 2020 section 33 applies.
2 A person making, or giving effect to, a request for a criminal record check as defined in the National Disability Insurance Scheme (Worker Screening) Act 2020 section 5(1).
3 A person making, or giving effect to, a request for a report or information under the National Disability Insurance Scheme (Worker Screening) Act 2020 section 10, 34, 38, 39, 40 or 41.
4. A person who is disclosing information under the National Disability Insurance Scheme (Worker Screening) Act 2020 section 72.

| Provision | Description of offence | | Condition | | The Criminal Code | | | | | s. 181 | | Carnal knowledge of animal | | | s. 186 | | Occupier or owner allowing young person to be on premises for unlawful carnal knowledge | | | s. 187 | | Facilitating sexual offence against child outside Western Australia | | | s. 191 | | Procuring person to be prostitute | The victim is a child or a vulnerable person | | s. 192 | | Procuring person to have unlawful carnal knowledge by threat, fraud or administering drug | The victim is a child or a vulnerable person | | s. 204A | | Showing offensive material to child under 16 | The offensive material is child exploitation material as defined in The Criminal Code section 217A The offence does not fall within the ambit of section 6(4) | | s. 204B | | Using electronic communication to procure, or expose to indecent matter, child under 16 | The offence does not fall within the ambit of section 6(4) | | s. 217 | | Involving child in child exploitation | The offence does not fall within the ambit of section 6(4) | | s. 218 | | Producing child exploitation material | The offence does not fall within the ambit of section 6(4) | | s. 219 | | Distributing child exploitation material | The offence does not fall within the ambit of section 6(4) | | s. 220 | | Possession of child exploitation material | The offence does not fall within the ambit of section 6(4) | | s. 279 | | Murder | | | s. 283 | | Attempt to unlawfully kill | | | s. 284(3)(c) | | Culpable driving (not of a motor vehicle or vessel) causing death | The offence is committed with intent to cause death | | s. 284(3)(d) | | Culpable driving (not of a motor vehicle or vessel) causing grievous bodily harm | The offence is committed with intent to cause grievous bodily harm to a child or a vulnerable person | | s. 293 | | Stupefying in order to commit indictable offence | The victim is a child or a vulnerable person | | s. 294 | | Act intended to cause grievous bodily harm or prevent arrest | The victim is a child or a vulnerable person | | s. 305 | | Setting dangerous thing | The intended victim is a child or a vulnerable person | | s. 306(2) | | Female genital mutilation | The victim is a child or a vulnerable person | | s. 306(4) | | Female genital mutilation — taking or arranging for a child to be taken from the State | | | s. 317A(b) | | Assault with intent to do grievous bodily harm | The victim is a child or a vulnerable person | | s. 320 | | Sexual offences against child under 13 | | | s. 321 | | Sexual offences against child of or over 13 and under 16 | The offence does not fall within the ambit of section 6(4) | | s. 321A | | Persistent sexual conduct with child under 16 | The offence does not fall within the ambit of section 6(4) | | s. 322 | | Sexual offences against child of or over 16 by person in authority | | | s. 323 | | Indecent assault | The victim is a child or a vulnerable person The offence does not fall within the ambit of section 6(4) | | s. 324 | | Aggravated indecent assault | The victim is a child or a vulnerable person The offence does not fall within the ambit of section 6(4) | | s. 325 | | Sexual penetration without consent | The victim is a child or a vulnerable person The offence does not fall within the ambit of section 6(4) | | s. 326 | | Aggravated sexual penetration without consent | The victim is a child or a vulnerable person The offence does not fall within the ambit of section 6(4) | | s. 327 | | Sexual coercion | The victim is a child or a vulnerable person | | s. 328 | | Aggravated sexual coercion | The victim is a child or a vulnerable person | | s. 329(2) | | Sexual penetration of a child who the offender knows to be his or her lineal relative or de facto child | | | s. 329(3) | | Procuring, inciting or encouraging a child who the offender knows is his or her lineal relative or a de facto child to engage in sexual behaviour | | | s. 329(4) | | Indecently dealing with a child who the offender knows is his or her lineal relative or a de facto child | | | s. 329(5) | | Procuring, inciting or encouraging a child who the offender knows is his or her lineal relative or a de facto child to do an indecent act | | | s. 329(6) | | Indecently recording a child who the offender knows is his or her lineal relative or a de facto child | | | s. 329(7) | | Sexually penetrating a person who the offender knows is his or her lineal relative | The victim is a vulnerable person | | s. 330 | | Sexual offences against incapable person | | | s. 331B | | Sexual servitude | The victim is a child or a vulnerable person | | s. 331C | | Conducting business involving sexual servitude | The victim is a child or a vulnerable person | | s. 331D | | Deceptive recruiting for commercial sexual service | The victim is a child or a vulnerable person | | s. 332 | | Kidnapping | The victim is a child or a vulnerable person, other than where the victim is a child and the offender is a family member of the child | | s. 343 | | Child stealing | The offence is committed by a person other than a family member of the child | | s. 562 | | Accessory after the fact to an indictable offence | The principal offence is the offence of murder | | | | | | | Children and Community Services Act 2004 | | | | | s. 192 | Employing a child, or permitting a child to be employed, to perform in an indecent, obscene or pornographic manner | | | | Classification (Publications, Films and Computer Games) Enforcement Act 1996 | | | | | s. 59(1) | Possessing or copying an indecent or obscene article with intent to sell or supply, or selling or supplying, or offering to sell or supply, an indecent or obscene article | | The article is child exploitation material as defined in The Criminal Code section 217A | | s. 59(3) or (4) | Displaying, exhibiting or demonstrating an indecent or obscene article in specified circumstances | | The article is child exploitation material as defined in The Criminal Code section 217A | | s. 59(5) | Possessing or copying an indecent or obscene article | | The article is child exploitation material as defined in The Criminal Code section 217A The offence does not fall within the ambit of section 6(4) | | s. 101 | Using a computer service to transmit, obtain, demonstrate, advertise or request transmission of objectionable material | | The material is child exploitation material as defined in The Criminal Code section 217A | | Prostitution Act 2000 | | | | | s. 16 | Causing, permitting or seeking to induce a child to act as a prostitute | | | | s. 17 | Obtaining payment for prostitution by a child | | | | s. 18 | Agreement for prostitution of a child | | | | Road Traffic Act 1974 | | | | | s. 59 | Dangerous driving causing death | | The offence is committed with intent to cause death | | s. 59 | Dangerous driving causing grievous bodily harm | | The offence is committed with intent to cause grievous bodily harm to a child or a vulnerable person | | Western Australian Marine Act 1982 | | | | | s. 75B(1) | Navigation of vessel occasioning death while under influence of alcohol, a drug or alcohol and a drug | | The offence is committed with intent to cause death | | s. 75B(2) | Dangerous navigation of vessel occasioning death | | The offence is committed with intent to cause death | | s. 75BA(1) | Navigation of vessel occasioning grievous bodily harm while under influence of alcohol, a drug or alcohol and a drug | | The offence is committed with intent to cause grievous bodily harm to a child or a vulnerable person | | s. 75BA(2) | Dangerous navigation of vessel occasioning grievous bodily harm | | The offence is committed with intent to cause grievous bodily harm to a child or a vulnerable person |

| Provision | Description of offence | | Condition | | The Criminal Code | | | | | s. 192 | | Procuring person to have unlawful carnal knowledge by threat, fraud or administering drug | The victim is a person other than a child or a vulnerable person | | s. 204A | | Showing offensive material to child under 16 | The offensive material is child exploitation material as defined in The Criminal Code section 217A The offence falls within the ambit of section 6(4) | | s. 204B | | Using electronic communication to procure, or expose to indecent matter, child under 16 | The offence falls within the ambit of section 6(4) | | s. 217 | | Involving child in child exploitation | The offence falls within the ambit of section 6(4) | | s. 218 | | Producing child exploitation material | The offence falls within the ambit of section 6(4) | | s. 219 | | Distributing child exploitation material | The offence falls within the ambit of section 6(4) | | s. 220 | | Possession of child exploitation material | The offence falls within the ambit of section 6(4) | | s. 221BD | | Distribution of intimate image | The image is of a child or a vulnerable person | | s. 262 | | Failing to provide necessaries of life in breach of duty | The victim is a child or a vulnerable person, the offender is involved in the provision of care, support or services to the child or vulnerable person, and the care, support or services relate to the vulnerability of the child or the vulnerable person but are not care, support or services provided by a member of the family of the child or the vulnerable person as part of a normal familial care relationship | | s. 263 | | Duty of head of family | | | s. 280 | | Manslaughter | | | s. 281 | | Unlawful assault causing death | | | s. 284(3)(c) | | Culpable driving (not of motor vehicle or vessel) causing death | The offence causes death but without intent to cause death | | s. 284(3)(d) | | Culpable driving (not of a motor vehicle or vessel) causing grievous bodily harm | The offence causes grievous bodily harm but without intent to cause harm to a child or a vulnerable person | | s. 288 | | Procuring, counselling or aiding another to commit suicide | | | s. 290 | | Preventing birth of live child | | | s. 292 | | Disabling in order to commit indictable offence | | | s. 293 | | Stupefying in order to commit indictable offence | The victim is a person other than a child or a vulnerable person | | s. 294 | | Act intended to cause grievous bodily harm or prevent arrest | The victim is a person other than a child or a vulnerable person | | s. 297 | | Grievous bodily harm | | | s. 298 | | Suffocation and strangulation | | | s. 300 | | Persistent family violence | One or more of the prescribed offences applying under The Criminal Code section 299 are offences listed in Schedule 1 or this Schedule and the victim is a child or a vulnerable person | | s. 301 | | Wounding and similar acts | | | s. 305 | | Setting dangerous thing | The intended victim is a person other than a child or a vulnerable person | | s. 306(2) | | Female genital mutilation | The victim is a person other than a child or a vulnerable person | | s. 317A(b) | | Assault with intent to do grievous bodily harm | The victim is a person other than a child or a vulnerable person | | s. 321 | | Sexual offences against child of or over 13 and under 16 | The offence falls within the ambit of section 6(4) | | s. 321A | | Persistent sexual conduct with child under 16 | The offence falls within the ambit of section 6(4) | | s. 323 | | Indecent assault | The victim is a person other than a child or a vulnerable person or The offence falls within the ambit of section 6(4) | | s. 324 | | Aggravated indecent assault | The victim is a person other than a child or a vulnerable person or The offence falls within the ambit of section 6(4) | | s. 325 | | Sexual penetration without consent | The victim is a person other than a child or a vulnerable person or The offence falls within the ambit of section 6(4) | | s. 326 | | Aggravated sexual penetration without consent | The victim is a person other than a child or a vulnerable person or The offence falls within the ambit of section 6(4) | | s. 327 | | Sexual coercion | The victim is a person other than a child or a vulnerable person | | s. 328 | | Aggravated sexual coercion | The victim is a person other than a child or a vulnerable person | | s. 329(7) | | Sexually penetrating a person who the offender knows is his or her lineal relative | The victim is a person other than a vulnerable person | | s. 329(8) | | Consenting to be penetrated by a person who the offender knows to be his or her lineal relative | | | s. 331B | | Sexual servitude | The victim is a person other than a child or a vulnerable person | | s. 331C | | Conducting business involving sexual servitude | The victim is a person other than a child or a vulnerable person | | s. 331D | | Deceptive recruiting for commercial sexual service | The victim is a person other than a child or a vulnerable person | | s. 332 | | Kidnapping | The victim is a person other than a child or a vulnerable person or The victim is a child and the offender is a family member of the child | | s. 343 | | Child stealing | The offence is committed by a family member of the child | | s. 380 | | Concealing a will | A beneficiary of the testamentary instrument is a child or a vulnerable person | | s. 381 | | Concealing a document that is evidence of title to any land or estate in land | A person with an interest in the land is a child or a vulnerable person | | s. 409 | | Fraud | The victim is a child or a vulnerable person | | s. 473 | | Forgery and uttering | The victim is a child or a vulnerable person | | s. 510 | | Personation | The victim is a child or a vulnerable person | | s. 511 | | Personating owner of shares | The victim is a child or a vulnerable person | | | | | | | Animal Welfare Act 2002 | | | | | s. 19 | Cruelty to animals | | This item does not apply if the CEO is satisfied that the offence did not involve serious cruelty to an animal | | Children and Community Services Act 2004 | | | | | s. 101 | Failing to protect child from harm | | | | s. 102 | Leaving child unsupervised in vehicle | | | | Classification (Publications, Films and Computer Games) Enforcement Act 1996 | | | | | s. 59(5) | Possessing or copying an indecent or obscene article | | The article is child exploitation material as defined in The Criminal Code section 217A The offence falls within the ambit of section 6(4) | | Disability Services Act 1993 | | | | | s. 53 | Offence of ill‑treatment | | The victim is a child or a vulnerable person, the offender is involved in the provision of care, support or services to the child or the vulnerable person, and the care, support or services relate to the vulnerability of the child or the vulnerable person but are not care, support or services provided by a member of the family of the child or the vulnerable person as part of a normal familial care relationship | | Misuse of Drugs Act 1981 | | | | | s. 6(1)(a) or (c) | Offence concerned with prohibited drugs | | The sale or supply was to, or intended to be to, a child or a vulnerable person | | s. 6(1)(b) | Offence concerned with prohibited drugs | | The act constituting the offence endangered the life, health or safety of a child under the age of 16 years or of a vulnerable person | | s. 7(1)(a) | Offences concerned with prohibited plants or drugs generally | | The act constituting the offence endangered the life, health or safety of a child under the age of 16 years or of a vulnerable person | | s. 7(1)(b) | Offences concerned with prohibited plants generally | | The sale or supply was to, or intended to be to, a child or a vulnerable person | | s. 7(2) | Offences concerned with prohibited plants generally | | The act constituting the offence endangered the life, health or safety of a child under the age of 16 years or of a vulnerable person | | s. 7B(4) | Selling drug paraphernalia to a child | | | | s. 8Q(1) | Manufacturing a psychoactive substance | | The act constituting the offence endangered the life, health or safety of a child under the age of 16 years or of a vulnerable person | | s. 8Q(2) | Sale or supply of psychoactive substance | | The sale or supply was to a child or a vulnerable person | | s. 15 | Sale or supply of category 1 item | | The sale or supply was to a child or a vulnerable person | | s. 17 | Sale or supply of category 2 item | | The sale or supply was to a child or a vulnerable person | | Road Traffic Act 1974 | | | | | s. 59 | Dangerous driving causing death | | The offence causes death but without intent to do so | | s. 59 | Dangerous driving causing grievous bodily harm | | The offence causes grievous bodily harm but without intent to cause grievous bodily harm to a child or a vulnerable person | | Western Australian Marine Act 1982 | | | | | s. 75B(1) | Navigation of vessel occasioning death while under influence of alcohol, a drug or alcohol and a drug | | The offence causes death but without intent to do so | | s. 75B(2) | Dangerous navigation of vessel occasioning death | | The offence causes death but without intent to do so | | s. 75BA(1) | Navigation of vessel occasioning grievous bodily harm while under influence of alcohol, a drug or alcohol and a drug | | The offence causes grievous bodily harm but without intent to cause grievous bodily harm to a child or a vulnerable person | | s. 75BA(2) | Dangerous navigation of vessel occasioning grievous bodily harm | | The offence causes grievous bodily harm but without intent to cause grievous bodily harm to a child or a vulnerable person |

Sch 2Class 2 offences

Get a plain-English read of Sch 2

Part 1 — Preliminary

1. Short title

2. Commencement

3. Act binds Crown

4. Paramount consideration

5. Terms used

6. Class 1 offence and Class 2 offence

7. Conviction

8. Disqualified person and presumptively disqualified person

9. Conduct, circumstances and criminal matters before commencement of Act

Part 2 — NDIS worker check clearances and exclusions

Division 1 — Applications for clearance

10. Making an application

11. Certain persons not entitled to apply

12. Determination of application

13. Interim bar

14. Notice of proposed refusal of application

15. Notice of final decision

16. Withdrawal of application

Division 2 — Risk assessment

17. Nature of risk assessment

18. Circumstances in which risk assessment will occur

19. Risk assessment of presumptively disqualified person

20. Matters to be considered in risk assessment

Division 3 — Duration and renewal of clearances

21. Duration of clearances

22. Application for further clearance

Division 4 — Suspension and cancellation of NDIS worker check clearance certificates

24. Suspension of NDIS worker check clearance certificates

25. Cancellation of NDIS worker check clearance certificates

26. Cancellation at request of holder

Division 5 — Exclusions

27. Duration of exclusion

28. Cancellation of NDIS worker check exclusion certificate

Division 6 — Change in criminal record or other information

29. Meaning of relevant change in criminal record and requirement to give notice of that change

30. Applicant must notify CEO of relevant change in criminal record

31. Person holding clearance must notify CEO of relevant change in criminal record

32. Change in particulars

Part 3 — Information gathering and sharing

Division 1 — Criminal record checks

33. CEO may carry out criminal record checks

Division 2 — General power to obtain, provide and use information

34. General power to obtain, provide and use information

Division 3 — Provision of specific information

35. Provision of information by police and other officials or bodies

36. Provision of information by registration and regulatory authorities

Division 4 — Information sharing for national register or database

37. Information sharing for national register or database

Division 5 — Ability to require the provision of information

38. Power to require information from clearance holder

39. Power to require reports from CEO (Justice)

Division 6 — Related provisions

40. Access to police information

41. Access to other information

42. Provision of information to NDIS employers

43. Provision of information to certain bodies

44. Disclosure of information to prevent harm

Part 4 — Review

Division 1 — Internal review

45. Terms used

46. Application for internal review

47. Extension of time to apply for internal review

48. Consideration of application for internal review

49. Withdrawal of application

Division 2 — External review

50. Terms used

51. Application for external review

Part 5 — Authorised officers and enforcement

Division 1 — Preliminary

52. Terms used

Division 2 — Authorised officers

53. Designation of authorised officers

54. Identity cards

Division 3 — Powers of investigation

55. Entry to places

56. Powers after entering place

57. Directions to provide information or documents