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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Disability Services Bill 2005
Queensland
Disability Services Bill 2005
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Contravention of this Act does not create civil cause of action . . 14
5 Act does not affect other rights or remedies. . . . . . . . . . . . . . . . . 14
Division 2 Objects
6 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7 How objects are mainly achieved . . . . . . . . . . . . . . . . . . . . . . . . . 15
8 Finite resources available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3 Interpretation
9 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 What is a disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 What are disability services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13 Meaning of service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
14 Meaning of funded service provider . . . . . . . . . . . . . . . . . . . . . . . 17
15 Meaning of non-government service provider . . . . . . . . . . . . . . . 17
16 Meaning of approved non-government service provider . . . . . . . 17
17 Meaning of funded non-government service provider . . . . . . . . . 18
Part 2 Disability rights
Division 1 Human rights principle
18 Persons encouraged to have regard to human rights principle . . 18
19 Principle that people with a disability have the same
human rights as others. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
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Disability Services Bill 2005
Division 2 Service delivery principles
20 Service delivery principles to be promoted by service providers . 19
21 Focus on the development of the individual . . . . . . . . . . . . . . . . . 20
22 Participation in planning and operation of services . . . . . . . . . . . 20
23 Focus on a lifestyle the same as other people and
appropriate for age .............................. 20
24 Coordination and integration of services with general services . . 20
25 Services to be tailored to meet individual needs and goals . . . . . 21
26 People with a disability experiencing additional barriers . . . . . . . 21
27 Promotion of competency, positive image and self-esteem . . . . . 21
28 Inclusion in the community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
29 No single service provider to exercise control over life of person
with disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30 Consideration for others involved with people with a disability . . . 22
31 Service providers to make information available . . . . . . . . . . . . . 22
32 Raising and resolving grievances. . . . . . . . . . . . . . . . . . . . . . . . . 22
33 Access to advocacy support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 3 Disability service standards
34 Minister may make disability service standards . . . . . . . . . . . . . . 23
35 When service standard takes effect . . . . . . . . . . . . . . . . . . . . . . . 23
36 Notice and availability of service standards . . . . . . . . . . . . . . . . . 23
Part 4 Process for certifying whether service providers meet
service standards
37 Minister may approve process . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
38 Minister may approve entity as suitable to accredit external
certification body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
39 Minister must publish approvals given under pt 4. . . . . . . . . . . . . 24
40 Documents relating to process approved must be published . . . . 24
Part 5 Approved non-government service providers
41 Explanation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
42 No entitlement to funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
43 Application for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
44 Approval remains in force unless cancelled . . . . . . . . . . . . . . . . . 26
45 Application for cancellation of approval . . . . . . . . . . . . . . . . . . . . 26
46 Cancellation of approval without application . . . . . . . . . . . . . . . . 27
47 Cancellation of approval if funded non-government service
provider no longer exists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
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Disability Services Bill 2005
Part 6 Funding of non-government service providers
48 Purpose of giving funding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
49 When funding may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
50 Types of funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
51 Recurrent funding for non-government service providers . . . . . . 28
52 Who may receive approval for one-off funding . . . . . . . . . . . . . . . 29
53 No funding without agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 29
54 Insurance for service outlets . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
55 What funding agreement is to contain . . . . . . . . . . . . . . . . . . . . . 30
Part 7 Prescribed requirements for funded non-government
service providers
56 Prescribed requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
57 Funded non-government service provider must comply with
prescribed requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 8 Screening of persons engaged by the department
Division 1 Preliminary
58 Main purpose of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
59 Safety of people with a disability to be paramount consideration. 33
60 Persons engaged by the department . . . . . . . . . . . . . . . . . . . . . . 34
61 This part applies despite the Criminal Law (Rehabilitation of
Offenders) Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
62 Chief executive to advise of duties of disclosure etc. . . . . . . . . . . 34
Division 2 Disclosure of criminal history
63 Persons seeking to be engaged by the department must
disclose criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
64 Persons engaged by the department must disclose changes in
criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
65 Requirements for disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
66 False, misleading or incomplete disclosure or failure to disclose . 35
Division 3 Chief executive may obtain information from other entities
about criminal history and certain investigations
67 Chief executive may obtain report from commissioner of the
police service ................................. 36
68 Prosecuting authority to notify chief executive about committal,
conviction etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 4 Controls on use of information about criminal history and
certain investigations
69 Use of information obtained under this part . . . . . . . . . . . . . . . . . 39
70 Person to be advised of information obtained . . . . . . . . . . . . . . . 40
71 Guidelines for dealing with information. . . . . . . . . . . . . . . . . . . . . 40
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Disability Services Bill 2005
Part 9 Screening of persons engaged by funded non-government
service providers
Division 1 Preliminary
72 Main purpose of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
73 Safety of people with a disability to be paramount consideration. 41
74 This part applies despite the Criminal Law (Rehabilitation of
Offenders) Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 2 Interpretation
75 What is engagement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
76 What is a serious offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
77 What is a serious sexual or violent offence . . . . . . . . . . . . . . . . . 43
78 What is an excluding offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 3 Risk management strategies
79 Risk management strategies about persons engaged by funded
non-government service providers . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 4 Issue of prescribed notices for funded non-government
service providers
80 Application for notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
81 Notice of change of engagement, or name and contact details
in application under s 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
82 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
83 Decision-making under s 82 in relation to discretionary
matters .................................... 48
84 Actions of chief executive after making decision on application . . 49
85 Chief executive to invite submissions from engaged person
about particular information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
86 Currency of prescribed notice and positive notice card . . . . . . . . 51
Division 5 Obligations and offences relating to prescribed notices
Subdivision 1 Engagement of persons by funded non-government service
provider
87 When person without current positive notice may be engaged . . 52
88 Prohibited engagement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Subdivision 2 Obligations if holder of negative notice or application for
prescribed notice is withdrawn
89 Person holding negative notice, or who has withdrawn consent
to screening, not to apply for, or start or continue in,
engagement by funded non-government service provider . . . . . . 53
Subdivision 3 Changes in criminal history
90 Acquiring a criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
91 Effect of conviction for serious offence or charge for excluding
offence .......................................... 54
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Disability Services Bill 2005
92 Change in criminal history of engaged person . . . . . . . . . . . . . . . 55
93 Change in criminal history of other persons . . . . . . . . . . . . . . . . . 55
Subdivision 4 General
94 False or misleading disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
95 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 57
96 Return of positive notice and positive notice card to chief
executive ...................................... 57
Division 6 Cancellation and replacement of prescribed notices
97 Cancellation of negative notice and issuing of positive notice . . . 58
98 Chief executive may cancel a prescribed notice and substitute
another prescribed notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
99 Cancellation if conviction for excluding offence and
imprisonment or disqualification order . . . . . . . . . . . . . . . . . . . . . 60
100 Cancellation if conviction for excluding offence but no
imprisonment or disqualification order . . . . . . . . . . . . . . . . . . . . . 61
101 Effect of charge for excluding offence pending charge being
dealt with ......................................... 62
102 Cancellation of suspension and issue of further prescribed
notice ........................................ 64
103 Replacement of positive notice or positive notice card. . . . . . . . . 65
104 Change of details for prescribed notice or positive notice card . . 66
Division 7 Miscellaneous
105 Person may apply for review of decision . . . . . . . . . . . . . . . . . . . 67
106 Police commissioner may decide that information about a
person is investigative information . . . . . . . . . . . . . . . . . . . . . . . . 68
107 Delegation by police commissioner of power under s 106
restricted ....................................... 69
108 Decision by police commissioner that information is
investigative information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
109 Court to decide matters afresh . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
110 Consequence of decision on appeal . . . . . . . . . . . . . . . . . . . . . . 70
111 Chief executive may obtain information from police
commissioner ................................. 71
112 Notice of change in police information about a person . . . . . . . . 73
113 Chief executive to give notice to funded non-government
service provider about making screening decision about
engaged person ................................... 74
114 Withdrawal of engaged person's consent to screening . . . . . . . . 75
115 Compliance with requirement to end, or not start, a person's
engagement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
116 Guidelines for dealing with information. . . . . . . . . . . . . . . . . . . . . 77
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Disability Services Bill 2005
117 Use of information obtained under this part about a person . . . . 78
118 Chief executive must give police commissioner a person's
current address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
119 Disqualification order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
120 Register of persons engaged by funded non-government
entities ..................................... 79
Part 10 Monitoring and enforcement
Division 1 Authorised officers
121 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
122 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
123 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
124 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 81
125 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
126 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 81
127 When authorised officer ceases to hold office . . . . . . . . . . . . . . . 82
128 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
129 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 2 Powers of authorised officers
Subdivision 1 Entry of places
130 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
131 Power to enter place where funded non-government service
provider provides disability services. . . . . . . . . . . . . . . . . . . . . . . 83
Subdivision 2 Procedure for entry
132 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
133 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
134 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
135 Application by electronic communication and duplicate warrant . 87
136 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
137 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 89
138 Entering a home and preserving privacy . . . . . . . . . . . . . . . . . . . 90
Subdivision 3 Powers after entry
139 General powers after entering a place . . . . . . . . . . . . . . . . . . . . . 90
140 Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 91
141 Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Subdivision 4 Power to seize evidence
142 Seizing evidence after entry without consent or warrant . . . . . . . 92
143 Seizing evidence after entry with consent or warrant . . . . . . . . . . 92
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Disability Services Bill 2005
Subdivision 5 Dealing with seized things
144 Definition for sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
145 Securing a seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
146 Tampering with a seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
147 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
148 Authorised officer may require thing's return . . . . . . . . . . . . . . . . 95
149 Receipts for seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
150 Forfeiture of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
151 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
152 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Subdivision 6 Power to obtain information
153 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . 97
154 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . 97
155 Power to require production of documents . . . . . . . . . . . . . . . . . . 98
156 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
157 Failure to certify copy of document. . . . . . . . . . . . . . . . . . . . . . . . 99
Subdivision 7 Other compliance matters
158 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 3 General enforcement matters
159 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
160 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
161 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 102
162 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 102
163 Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 103
164 Impersonation of an authorised officer . . . . . . . . . . . . . . . . . . . . . 103
165 Chief executive may advise people with a disability and others
of action taken in relation to funded non-government
service providers ............................ 103
Part 11 Appointment of interim manager
Division 1 Appointment
166 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
167 Basis for appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
168 Suitability of proposed appointee . . . . . . . . . . . . . . . . . . . . . . . . . 105
169 Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
170 Notice to funded non-government service provider about
appointment ................................ 107
171 Informing consumers about appointment . . . . . . . . . . . . . . . . . . . 107
172 Initial period of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
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Disability Services Bill 2005
173 Variation of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
174 Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 2 Function and powers
175 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
176 Interim manager's function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
177 Interim manager's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
178 Direction by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
179 Other powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
180 Limitation on powers under instrument of appointment . . . . . . . . 110
181 Production of instrument of appointment for inspection . . . . . . . . 110
182 Obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Division 3 Other matters
183 Access to information or documents . . . . . . . . . . . . . . . . . . . . . . 111
184 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
185 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
186 Funded non-government service provider liable for
remuneration and other costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
187 Accounts and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
188 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Part 12 Legal proceedings
Division 1 Application
189 Application of pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 2 Evidence
190 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
191 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
192 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
193 Positive notice card is evidence of holding positive notice . . . . . . 115
Division 3 Proceedings
194 Indictable and summary offences. . . . . . . . . . . . . . . . . . . . . . . . . 115
195 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . 115
196 Limitation on who may summarily hear indictable offence
proceedings ..................................... 116
197 Proceeding for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
198 When proceeding may start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
199 Allegations of false or misleading information or document . . . . . 117
200 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
201 Dealing with forfeited thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
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202 Responsibility for acts or omissions of representative . . . . . . . . . 118
203 Executive officers must ensure corporation complies with Act. . . 118
Part 13 Reviews and appeals
Division 1 Reviewable decisions
204 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
205 Chief executive must give notice after making reviewable
decision ...................................... 120
Division 2 Review of decision
206 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
207 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . 121
208 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 3 Appeal against decision
209 Appeal against review decision . . . . . . . . . . . . . . . . . . . . . . . . . . 122
210 Appeal is by way of rehearing . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Part 14 Miscellaneous
Division 1 Records
211 Funded non-government service provider must keep records . . . 123
Division 2 Other matters
212 Complaints by consumers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
213 Chief executive may refer matters to complaints agency . . . . . . . 124
214 Complaints agency to inform chief executive about actions
taken for complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
215 Disability service plans for departments. . . . . . . . . . . . . . . . . . . . 125
216 Establishment of Ministerial advisory committees . . . . . . . . . . . . 126
217 Membership of advisory committee . . . . . . . . . . . . . . . . . . . . . . . 126
218 Dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
219 Other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
220 Person with a disability must advise chief executive about
compensation .................................. 126
221 Confidentiality of information about criminal history and related
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
222 Confidentiality of other information . . . . . . . . . . . . . . . . . . . . . . . . 129
223 Power to require information or documents . . . . . . . . . . . . . . . . . 130
224 Protection from liability for giving information . . . . . . . . . . . . . . . . 130
225 Chief executive to advise on-disclosure . . . . . . . . . . . . . . . . . . . . 131
226 Chief executive may enter into arrangement about giving and
receiving information with police commissioner . . . . . . . . . . . . . . 132
227 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
10
Disability Services Bill 2005
228 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
229 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 133
230 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
231 Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
232 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
233 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Part 15 Repeal and transitional provisions
Division 1 Repeal
234 Repeal of Disability Services Act 1992. . . . . . . . . . . . . . . . . . . . . 135
Division 2 Transitional provisions
235 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
236 Screening of persons engaged by funded non-government
service providers at the commencement . . . . . . . . . . . . . . . . . . . 135
237 Certain non-government service providers taken to be
approved under part 5 and to be funded non-government
service providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
238 When grants of financial assistance under the repealed Act
continue ....................................... 136
239 Queensland disability service standards to continue in force. . . . 137
240 Disability sector quality system to continue in force . . . . . . . . . . . 137
Part 16 Consequential amendments
241 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Schedule 1 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Charitable and Non-Profit Gaming Act 1999 . . . . . . . . . . . . . . . . 139
Child Protection (Offender Reporting) Act 2004. . . . . . . . . . . . . . 139
Commercial and Consumer Tribunal Act 2003 . . . . . . . . . . . . . . . 139
Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Education (Work Experience) Act 1996 . . . . . . . . . . . . . . . . . . . . 140
Family Services Act 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . 141
Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . 141
Terrorism (Preventative Detention) Act 2005 . . . . . . . . . . . . . . . . 141
Whistleblowers Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 142
Schedule 2 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Schedule 3 Current serious offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Schedule 4 Repealed or expired serious offences
Schedule 5 Current serious sexual or violent offences . . . . . . . . . . . . . . . 153
Schedule 6 Repealed or expired serious sexual or violent offences . . . . 154
11
Disability Services Bill 2005
Schedule 7 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
2005
A Bill
for
An Act to protect and promote the rights of people with a
disability, and for other purposes
s1 14 s5
Disability Services Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Disability Services Act 2005. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Act binds all persons 8
(1) This Act binds all persons, including the State and, so far as 9
the legislative power of the Parliament permits, the 10
Commonwealth and the other States. 11
(2) Nothing in this Act makes the Commonwealth or a State 12
liable to be prosecuted for an offence. 13
4 Contravention of this Act does not create civil cause of 14
action 15
No provision of this Act creates a civil cause of action based 16
on a contravention of the provision. 17
5 Act does not affect other rights or remedies 18
(1) This Act does not affect or limit a civil right or remedy that 19
exists apart from this Act, whether at common law or 20
otherwise. 21
(2) Without limiting subsection (1), compliance with this Act 22
does not necessarily show that a civil obligation that exists 23
s6 15 s8
Disability Services Bill 2005
apart from this Act has been satisfied or has not been 1
breached. 2
Division 2 Objects 3
6 Objects of Act 4
The objects of this Act are-- 5
(a) to acknowledge the rights of people with a disability 6
including by promoting their inclusion in the life of the 7
community generally; and 8
(b) to ensure that disability services funded by the 9
department are safe, accountable and respond to the 10
needs of people with a disability. 11
7 How objects are mainly achieved 12
The objects are mainly achieved by-- 13
(a) stating the human rights principle and supporting rights 14
applying to people with a disability; and 15
(b) stating the principles for service delivery to people with 16
a disability to be promoted by service providers; and 17
(c) regulating disability services funded by the department 18
to ensure the quality, safety, responsiveness and 19
accountability of the services; and 20
(d) helping to protect people with a disability using services 21
funded by the department from abuse, neglect and 22
exploitation. 23
8 Finite resources available 24
In administering this Act, regard must be had to the 25
following-- 26
(a) the State has finite resources available to provide 27
services to people with a disability; 28
(b) there is a need to distribute the resources fairly having 29
regard to the State's priorities. 30
s9 16 s 12
Disability Services Bill 2005
Division 3 Interpretation 1
9 Definitions 2
The dictionary in schedule 7 defines particular words used in 3
this Act. 4
10 Notes in text 5
A note in the text of this Act is part of the Act. 6
11 What is a disability 7
(1) A disability is a person's condition that-- 8
(a) is attributable to-- 9
(i) an intellectual, psychiatric, cognitive, neurological, 10
sensory or physical impairment; or 11
(ii) a combination of impairments mentioned in 12
subparagraph (i); and 13
(b) results in-- 14
(i) a substantial reduction of the person's capacity for 15
communication, social interaction, learning, 16
mobility or self care or management; and 17
(ii) the person needing support. 18
(2) For subsection (1), the impairment may result from an 19
acquired brain injury. 20
(3) The disability must be permanent or likely to be permanent. 21
(4) The disability may be, but need not be, of a chronic episodic 22
nature. 23
12 What are disability services 24
Disability services, for people with a disability, means 1 or 25
more of the following-- 26
(a) accommodation support services; 27
(b) respite services; 28
s 13 17 s 16
Disability Services Bill 2005
(c) community support services; 1
(d) community access; 2
(e) advocacy or information services or services that 3
provide alternative forms of communication; 4
(f) research, training or development services. 5
13 Meaning of service provider 6
(1) A service provider is a person providing services for people 7
with a disability. 8
(2) The service provider may provide the services-- 9
(a) specifically to people with a disability; or 10
(b) generally to people in the community, including people 11
with a disability. 12
(3) The service provider may provide the services with the 13
intention of making a profit. 14
14 Meaning of funded service provider 15
(1) A funded service provider is a service provider that receives 16
funds from the department to provide disability services. 17
(2) A funded service provider includes the department to the 18
extent it provides disability services. 19
(3) However, a funded service provider does not include another 20
department receiving funds from the department. 21
15 Meaning of non-government service provider 22
(1) A non-government service provider is a service provider, 23
other than the State, providing disability services. 24
(2) A non-government service provider may be a local 25
government. 26
16 Meaning of approved non-government service provider 27
An approved non-government service provider is a 28
non-government service provider that is a corporation 29
s 17 18 s 19
Disability Services Bill 2005
approved by the chief executive under part 5 as eligible to 1
receive recurrent funding under part 6. 2
17 Meaning of funded non-government service provider 3
(1) A funded non-government service provider is a 4
non-government service provider receiving recurrent or 5
one-off funds from the department to provide disability 6
services. 7
(2) It is immaterial whether other funds or resources are also used 8
by the non-government service provider to provide disability 9
services. 10
Part 2 Disability rights 11
Division 1 Human rights principle 12
18 Persons encouraged to have regard to human rights 13
principle 14
Persons are encouraged to have regard to the human rights 15
principle in matters relating to people with a disability. 16
19 Principle that people with a disability have the same 17
human rights as others 18
(1) People with a disability have the same human rights as other 19
members of society and should be empowered to exercise 20
their rights. 21
(2) People with a disability have the right to-- 22
(a) respect for their human worth and dignity as individuals; 23
and 24
(b) realise their individual capacities for physical, social, 25
emotional, cultural, religious and intellectual 26
development; and 27
s 20 19 s 20
Disability Services Bill 2005
(c) live lives free from abuse, neglect or exploitation; and 1
(d) participate actively in decisions affecting their lives, 2
including the development of disability policies, 3
programs and services. 4
(3) When using disability services people with a disability have 5
the right to-- 6
(a) services supporting their achieving quality of life in a 7
way that supports their family unit and their full 8
participation in society; and 9
(b) receive services in a way that results in the minimum 10
restriction of their rights and opportunities; and 11
(c) receive services in a way that respects the confidentiality 12
of their information; and 13
(d) receive services in a safe, accessible built environment 14
appropriate to their needs; and 15
(e) pursue grievances about services without fear of the 16
services being discontinued or recrimination from 17
service providers; and 18
(f) support to enable them to pursue grievances about 19
services; and 20
(g) support, and access to information, to enable them to 21
participate in decisions affecting their lives. 22
(4) People with a disability have the right to receive services, and 23
information necessary to support rights, in ways that are 24
appropriate having regard to their disabilities and cultural 25
backgrounds. 26
(5) Subsections (2), (3) and (4) do not limit subsection (1). 27
Division 2 Service delivery principles 28
20 Service delivery principles to be promoted by service 29
providers 30
(1) This division sets out the principles that service providers are 31
encouraged to apply and promote in the development and 32
implementation of services for people with a disability. 33
s 21 20 s 24
Disability Services Bill 2005
(2) For subsection (1), the application and promotion of the 1
principles is encouraged to the extent they reasonably apply to 2
a service provider. 3
21 Focus on the development of the individual 4
Services should be designed and implemented so that their 5
focus is on developing the individual and on enhancing the 6
individual's opportunity to establish a quality life. 7
22 Participation in planning and operation of services 8
(1) Services should be designed and implemented so that people 9
with a disability are encouraged, and able, to participate 10
continually in the planning and operation of the services they 11
receive. 12
(2) Services provided to people with a disability should provide 13
opportunities for consultation in relation to the development 14
of major policy changes. 15
23 Focus on a lifestyle the same as other people and 16
appropriate for age 17
Services should be designed and implemented to ensure that 18
the conditions of everyday life of people with a disability 19
are-- 20
(a) the same as, or as close as possible to, the conditions of 21
everyday life valued by the general community; and 22
(b) appropriate to their chronological age. 23
24 Coordination and integration of services with general 24
services 25
Services should be designed and implemented as part of local 26
coordinated service systems and integrated with services 27
generally available to members of the community. 28
s 25 21 s 29
Disability Services Bill 2005
25 Services to be tailored to meet individual needs and 1
goals 2
Services should be tailored to meet the individual needs and 3
goals of people with a disability. 4
26 People with a disability experiencing additional barriers 5
Services should be designed and implemented to meet the 6
needs of people with a disability who may experience 7
additional barriers-- 8
(a) because they are Aborigines or Torres Strait Islanders; 9
or 10
(b) because of their age, gender or culturally or 11
linguistically diverse backgrounds; or 12
(c) because of their rural or remote location. 13
27 Promotion of competency, positive image and 14
self-esteem 15
Services should be designed and implemented to-- 16
(a) promote recognition of the competence of people with a 17
disability; and 18
(b) promote a positive image of people with a disability; 19
and 20
(c) enhance the self-esteem of people with a disability. 21
28 Inclusion in the community 22
Services should be designed and implemented to promote the 23
inclusion of people with a disability in the life of the 24
community. 25
29 No single service provider to exercise control over life of 26
person with disability 27
Services should be designed and implemented to ensure that 28
no single service provider exercises control over all or most 29
aspects of the life of a person with a disability. 30
s 30 22 s 33
Disability Services Bill 2005
30 Consideration for others involved with people with a 1
disability 2
Services should be designed and implemented to-- 3
(a) have sufficient regard to the needs of families, carers 4
and advocates of people with a disability; and 5
(b) recognise the demands on the families of people with a 6
disability; and 7
(c) take into account the implications for, and demands on, 8
the families of people with a disability. 9
31 Service providers to make information available 10
(1) Service providers should make available information that 11
allows the quality of their services to be judged. 12
(2) The information should be available to the people using the 13
services, their families, carers and advocates, people giving 14
financial assistance for the services and the community 15
generally. 16
32 Raising and resolving grievances 17
Services should be designed and implemented to ensure that 18
appropriate ways exist for people with a disability and their 19
advocates to raise grievances about services and have them 20
resolved. 21
33 Access to advocacy support 22
Services should be designed and implemented to ensure 23
people with a disability have access to necessary independent 24
advocacy support so they can participate adequately in 25
decision-making about the services they receive. 26
s 34 23 s 36
Disability Services Bill 2005
Part 3 Disability service standards 1
34 Minister may make disability service standards 2
(1) The Minister may make disability service standards (the 3
service standards) for improving the quality of disability 4
services provided by funded service providers. 5
(2) The service standards must detail the way in which disability 6
services are to be provided by funded service providers. 7
(3) The service standards must include indicators to measure 8
whether funded service providers have met the standards. 9
(4) A standard is a statutory instrument within the meaning of the 10
Statutory Instruments Act 1992. 11
35 When service standard takes effect 12
(1) The Minister must notify the making of a service standard. 13
(2) A service standard takes effect-- 14
(a) on the day the Minister's notice is notified or published 15
in the gazette; or 16
(b) if a later day is stated in the Minister's notice or the 17
service standard--on that day. 18
(3) A notice mentioned in subsection (2) is subordinate 19
legislation. 20
36 Notice and availability of service standards 21
(1) The chief executive must keep a copy of the service standards, 22
as in force from time to time, available for inspection free of 23
charge by funded service providers, people with a disability 24
and members of the public at-- 25
(a) the department's head office and regional offices; and 26
(b) other places the chief executive considers appropriate. 27
(2) Also, the chief executive must publish the service standards, 28
as in force from time to time, on the department's web site on 29
the internet. 30
s 37 24 s 40
Disability Services Bill 2005
Part 4 Process for certifying whether 1
service providers meet service 2
standards 3
37 Minister may approve process 4
(1) The Minister may approve a process under which a service 5
provider may be certified by an external certification body as 6
meeting the service standards. 7
(2) In deciding whether to approve the process the Minister must 8
have regard to whether the process will allow an external 9
certification body to decide whether a service provider has 10
met the service standards. 11
38 Minister may approve entity as suitable to accredit 12
external certification body 13
(1) The Minister may approve an entity as being suitable to 14
accredit another entity (an external certification body) for the 15
purpose of the other entity deciding whether, having regard to 16
the process approved under section 37, a service provider 17
meets the service standards. 18
(2) The Minister may approve the entity only if the Minister is 19
satisfied the entity is qualified for approval because the entity 20
has the necessary expertise or experience to decide whether 21
another entity is suitable to be an external certification body. 22
39 Minister must publish approvals given under pt 4 23
The Minister must publish details of approvals in force under 24
this part on the department's Internet site. 25
40 Documents relating to process approved must be 26
published 27
The Minister must publish documents relating to the process 28
approved on the department's Internet site. 29
s 41 25 s 43
Disability Services Bill 2005
Part 5 Approved non-government 1
service providers 2
41 Explanation 3
This part establishes a system under which the chief executive
may approve non-government service providers that are 4
corporations as being eligible to receive recurrent funding for 5
disability services. 6
42 No entitlement to funding 7
The Minister is not required to approve funding for an 8
approved non-government service provider. 9
43 Application for approval 10
(1) A corporation may apply to the chief executive for approval as 11
an approved non-government service provider. 12
(2) The application must be in the approved form. 13
(3) Within 60 days after receiving the application, the chief 14
executive must decide the application and give the corporation 15
notice of the decision. 16
(4) The chief executive may approve a corporation as an approved 17
non-government service provider only if the corporation-- 18
(a) is either-- 19
(i) certified under the disability sector quality system; 20
or 21
(ii) has started the process for certification under the 22
disability sector quality system or agreed to start 23
the process; and 24
(b) provides or intends to provide 1 or more disability 25
services. 26
(5) However, subsection (4)(a) does not apply to a corporation if 27
the only consumer of disability services provided by the 28
corporation is a director of the corporation. 29
s 44 26 s 45
Disability Services Bill 2005
(6) In deciding the application, the chief executive may have 1
regard to the following-- 2
(a) the corporation's business plan; 3
(b) the corporation's record of financial management; 4
(c) how the corporation conducts, or proposes to conduct, 5
its operations; 6
(d) whether the corporation has appropriate corporate 7
governance; 8
(e) how the corporation intends to promote the human 9
rights principle; 10
(f) how the corporation intends to receive and deal with 11
complaints about the delivery of disability services by 12
the corporation; 13
(g) whether the corporation is receiving funding from 14
another department; 15
(h) another matter prescribed under a regulation. 16
44 Approval remains in force unless cancelled 17
The approval of a corporation remains in force unless it is 18
cancelled under this part. 19
45 Application for cancellation of approval 20
(1) A corporation may apply to the chief executive for 21
cancellation of its approval as an approved non-government 22
service provider. 23
(2) The application must be in the approved form. 24
(3) Within 45 days after receiving the application, the chief 25
executive must decide the application and give the service 26
provider notice of the decision. 27
(4) The chief executive must, and may only, grant the application 28
if-- 29
(a) there is no funding agreement in force with the provider; 30
and 31
s 46 27 s 46
Disability Services Bill 2005
(b) the chief executive is satisfied it is unlikely the chief 1
executive will want to take action to enforce compliance 2
by the service provider with this Act. 3
(5) The chief executive may require the service provider to take 4
stated action before the chief executive grants the application 5
including, for example, returning unspent funds to the chief 6
executive. 7
46 Cancellation of approval without application 8
(1) The chief executive may cancel the approval of an approved 9
non-government service provider, even though no application 10
has been made under section 45, if-- 11
(a) there is no funding agreement in force with the service 12
provider; and 13
(b) the chief executive is satisfied it is unlikely the chief 14
executive will want to do either of the following-- 15
(i) take action to enforce compliance by the service 16
provider with this Act; 17
(ii) give funding, or further funding, to the service 18
provider under this Act. 19
(2) Before cancelling the approval, the chief executive must give 20
the service provider a notice-- 21
(a) stating that the chief executive proposes to cancel the 22
approval; and 23
(b) stating the reasons for the proposed cancellation; and 24
(c) inviting the service provider to give a written response 25
within a stated time of at least 30 days. 26
(3) The chief executive must consider any written response 27
received from the service provider within the stated time 28
before deciding whether to cancel the approval. 29
(4) Immediately after deciding whether or not to cancel the 30
approval, the chief executive must give the service provider 31
notice of the decision. 32
s 47 28 s 51
Disability Services Bill 2005
(5) The chief executive may cancel the approval of an approved 1
non-government service provider, without complying with 2
subsections (2) to (4), if the service provider agrees. 3
47 Cancellation of approval if funded non-government 4
service provider no longer exists 5
The chief executive must cancel the approval of an approved 6
non-government service provider if it no longer exists. 7
Part 6 Funding of non-government 8
service providers 9
48 Purpose of giving funding 10
The purpose of giving funding to non-government service 11
providers is to enable them to provide disability services in 12
ways that best achieve the objects of this Act. 13
49 When funding may be given 14
To achieve the objects of this Act the Minister may approve 15
funding for disability services to a non-government service 16
provider. 17
50 Types of funding 18
The Minister may approve funding for disability services as
recurrent funding or one-off funding. 19
51 Recurrent funding for non-government service providers 20
(1) The Minister may approve recurrent funding for a 21
non-government service provider only if the service provider 22
is an approved non-government service provider. 23
(2) However, the Minister may approve recurrent funding for a 24
non-government service provider that is not an approved 25
non-government service provider if the Minister is satisfied-- 26
s 52 29 s 53
Disability Services Bill 2005
(a) there is an urgent need for the funding; and 1
(b) it is not practicable for the non-government service 2
provider to become an approved non-government 3
service provider before funding is approved. 4
(3) If recurrent funding is approved for a non-government service 5
provider under subsection (2)-- 6
(a) the service provider must take action to become an 7
approved non-government service provider as soon as 8
reasonably practicable after receiving the funding; and 9
(b) the funding must stop 6 months after it is first given if 10
the non-government service provider has not become an 11
approved non-government service provider within that 12
time. 13
(4) Recurrent funding may be given to a non-government service 14
provider only if the service provider is a corporation. 15
52 Who may receive approval for one-off funding 16
(1) The Minister may approve one-off funding for a 17
non-government service provider. 18
(2) One-off funding may be given to a non-government service 19
provider only if the service provider is a corporation. 20
53 No funding without agreement 21
(1) If the Minister approves funding for a non-government service 22
provider, the chief executive must enter into a written 23
agreement with the service provider (a funding agreement) 24
for giving the funding. 25
(2) The chief executive may give the funding to the 26
non-government service provider only if the service provider 27
has entered into a written agreement with the chief executive 28
for the funding. 29
(3) However, the chief executive may give funding before a 30
written agreement is entered into if the Minister is satisfied-- 31
(a) there is an urgent need for the funding; and 32
s 54 30 s 55
Disability Services Bill 2005
(b) it is not practicable to enter into an agreement before 1
funding is given. 2
(4) If subsection (3) applies, the service provider must-- 3
(a) before receiving the funding, agree in writing to enter 4
into a funding agreement after receiving the funding, 5
within a stated time decided by the chief executive; and 6
(b) enter into the funding agreement within that time. 7
(5) Recurrent funding must stop if the service provider has not 8
entered into a funding agreement within the stated time. 9
54 Insurance for service outlets 10
A funded non-government service provider must ensure there 11
is in force, for all service outlets of the service provider for 12
which funding is provided by the department, the insurance 13
cover prescribed under a regulation. 14
Maximum penalty-- 15
(a) for an individual guilty under chapter 2 of the Criminal 16
Code of an offence or for section 2031--50 penalty 17
units; or 18
(b) for a funded non-government service provider--250 19
penalty units. 20
55 What funding agreement is to contain 21
(1) A funding agreement must state each of the following the 22
chief executive considers relevant to the funding-- 23
(a) the amount of funding; 24
(b) whether the funding is recurrent or one-off funding; 25
(c) the period of the agreement and, for recurrent funding, 26
how often funding is to be given; 27
(d) the type of disability services to be provided; 28
(e) the place at which the disability services are to be 29
provided; 30
1 Section 203 (Executive officers must ensure corporation complies with Act)
s 56 31 s 56
Disability Services Bill 2005
(f) the service delivery outcomes to be achieved; 1
(g) the performance measures to be used in measuring the 2
service delivery outcomes; 3
(h) the policies and procedures to guide service delivery; 4
(i) the way the service provider is to report to the chief 5
executive; 6
(j) that recurrent funding to a non-government service 7
provider will stop if the service provider's certification 8
under the disability sector quality system is withdrawn; 9
(k) the circumstances in which the service provider is in 10
breach of the agreement; 11
(l) the action that may be taken by the chief executive for a 12
breach of the agreement, including the suspension or 13
stopping of funding; 14
(m) the way the service provider must receive and deal with 15
complaints about the delivery of disability services by 16
the service provider. 17
(2) The agreement may also include other matters the chief 18
executive considers necessary to give effect to or enforce the 19
agreement. 20
Part 7 Prescribed requirements for 21
funded non-government 22
service providers 23
56 Prescribed requirements 24
(1) A regulation may prescribe requirements relating to the 25
provision of disability services to people with a disability by 26
funded non-government service providers. 27
(2) Without limiting subsection (1), a regulation may prescribe a 28
requirement about-- 29
s 56 32 s 56
Disability Services Bill 2005
(a) how a funded non-government service provider 1
conducts its operations while providing a disability 2
service, including operations relating to-- 3
(i) financial management and accountability; and 4
(ii) corporate governance; and 5
(iii) staff recruitment, employment and training; and 6
(iv) compliance with the disability sector quality 7
system. 8
(b) how a funded non-government service provider provides 9
disability services to people with a disability 10
including-- 11
(i) addressing individual needs; and 12
(ii) protecting the people from abuse, neglect or 13
exploitation; and 14
(iii) deciding eligibility and priority in relation to the 15
delivery of the services; and 16
(iv) giving information about the services; and 17
(v) providing opportunities for decision making; and 18
(vi) resolving complaints and disputes; and 19
(vii) respecting privacy and confidentiality. 20
(3) A requirement may include provision about-- 21
(a) preparing, maintaining, publishing or implementing a 22
policy or procedure; or 23
(b) reporting a change of address of a funded 24
non-government service provider to the chief executive; 25
or 26
(c) collecting and reporting data and other information 27
about the provision of disability services to consumers; 28
or 29
(d) reporting other matters to the chief executive. 30
s 57 33 s 59
Disability Services Bill 2005
57 Funded non-government service provider must comply 1
with prescribed requirements 2
A funded non-government service provider must not 3
contravene a prescribed requirement. 4
5
Notes--
6
1 Under section 158, a funded non-government service provider may
7
be given a compliance notice requiring the provider to remedy a
8
contravention of a prescribed requirement.
9
2 The extent of a funded non-government service provider's
10
compliance with, or contravention of, a prescribed requirement is
11
likely to be a relevant matter for the chief executive to consider
12
when deciding the further funding, if any, to give to the provider
13
under this Act.
14
3 Noncompliance with certain types of prescribed requirements may
15
lead to the appointment of an interim manager for a funded
16
non-government service provider. See section 166.
Part 8 Screening of persons engaged 17
by the department 18
Division 1 Preliminary 19
58 Main purpose of pt 8 20
The main purpose of this part is to enable the chief executive 21
to obtain the criminal history of, and related information 22
about, persons engaged or to be engaged by the department. 23
59 Safety of people with a disability to be paramount 24
consideration 25
The paramount consideration in making a decision under this 26
part is the right of people with a disability to live lives free 27
from abuse, neglect or exploitation. 28
s 60 34 s 63
Disability Services Bill 2005
60 Persons engaged by the department 1
Each of the following persons is engaged by the 2
department-- 3
(a) a public service employee in the department; 4
(b) a person contracted by the chief executive to provide 5
disability services for the department; 6
(c) members of committees established under section 216; 7
(d) a person working in the department as a volunteer or as 8
a student on work experience. 9
61 This part applies despite the Criminal Law (Rehabilitation 10
of Offenders) Act 1986 11
This part applies to a person despite anything in the Criminal 12
Law (Rehabilitation of Offenders) Act 1986. 13
62 Chief executive to advise of duties of disclosure etc. 14
Before a person is engaged by the department, the chief 15
executive must tell the person-- 16
(a) of the person's duties of disclosure under this part; and 17
(b) that the chief executive may obtain the information 18
about the person mentioned in section 67;2 and 19
(c) that guidelines for dealing with information obtained by 20
the chief executive under this part are available from the 21
chief executive on request. 22
Division 2 Disclosure of criminal history 23
63 Persons seeking to be engaged by the department must 24
disclose criminal history 25
A person seeking to be engaged by the department must 26
disclose to the chief executive, before being engaged-- 27
2 Section 67 (Chief executive may obtain report from commissioner of the police
service)
s 64 35 s 66
Disability Services Bill 2005
(a) whether or not the person has a criminal history; and 1
(b) if the person has a criminal history, the person's 2
complete criminal history. 3
64 Persons engaged by the department must disclose 4
changes in criminal history 5
(1) If there is a change in the criminal history of a person engaged 6
by the department, the person must immediately disclose to 7
the chief executive the details of the change. 8
(2) For a person who does not have a criminal history, there is 9
taken to be a change in the person's criminal history if the 10
person acquires a criminal history. 11
65 Requirements for disclosure 12
(1) To comply with section 63 or 64, a person must give the chief 13
executive a disclosure in the approved form. 14
(2) The information disclosed by a person about a conviction or 15
charge of an offence in the person's criminal history must 16
include-- 17
(a) the existence of the conviction or charge; and 18
(b) when the offence was committed or alleged to have been 19
committed; and 20
(c) the details of the offence or alleged offence; and 21
(d) for a conviction--whether or not a conviction was 22
recorded and the sentence imposed on the person. 23
66 False, misleading or incomplete disclosure or failure to 24
disclose 25
(1) A person must not-- 26
(a) give the chief executive a disclosure for the purposes of 27
this division that is false or misleading in a material 28
particular; or 29
(b) fail to give the chief executive a disclosure as required 30
under section 64, unless the person has a reasonable 31
excuse. 32
s 67 36 s 67
Disability Services Bill 2005
Maximum penalty--100 penalty units or 2 years 1
imprisonment. 2
(2) Subsection (1)(a) does not apply to a person who, when 3
giving the disclosure-- 4
(a) informs the chief executive, to the best of the person's 5
ability, how it is false or misleading; and 6
(b) gives the correct information to the chief executive if the 7
person has, or can reasonably obtain, the correct 8
information. 9
(3) In a proceeding for an offence against subsection (1)(a), it is 10
enough for a charge to state that the disclosure was, without 11
specifying which, `false or misleading'. 12
Division 3 Chief executive may obtain 13
information from other entities 14
about criminal history and certain 15
investigations 16
67 Chief executive may obtain report from commissioner of 17
the police service 18
(1) This section applies to a person who-- 19
(a) is engaged by the department; or 20
(b) seeks to be engaged by the department and has given the 21
chief executive a disclosure for the purposes of division 22
2. 23
(2) The chief executive may ask the commissioner of the police 24
service to give the chief executive the following information 25
about the person-- 26
(a) a written report about the person's criminal history; 27
(b) a brief description of the circumstances of a conviction 28
or charge mentioned in the person's criminal history; 29
(c) information about an investigation relating to the 30
possible commission of a serious offence by the person. 31
s 68 37 s 68
Disability Services Bill 2005
(3) Subject to subsections (4) and (5), the commissioner of the 1
police service must comply with the request. 2
(4) The duty imposed on the commissioner of the police service 3
to comply with the request-- 4
(a) applies only to information in the commissioner's 5
possession or to which the commissioner has access; 6
and 7
(b) in relation to information mentioned in subsection 8
(2)(c)--applies only to information recorded on a 9
central electronic database kept by the commissioner. 10
(5) The commissioner of the police service must not give 11
information about an investigation relating to the possible 12
commission of a serious offence by the person if-- 13
(a) the commissioner is reasonably satisfied that giving the 14
information-- 15
(i) may prejudice or otherwise hinder an investigation 16
to which the information may be relevant; or 17
(ii) may lead to the identification of an informant; or 18
(iii) may affect the safety of a police officer, 19
complainant or other person; or 20
(b) for an investigation that has been completed--the 21
investigation has not led, and the commissioner is 22
reasonably satisfied it is unlikely to lead, to a reasonable 23
suspicion that the person committed a serious offence; 24
or 25
(c) for an investigation that has not been completed--the 26
commissioner is reasonably satisfied the investigation is 27
unlikely to lead to a reasonable suspicion that the person 28
committed a serious offence. 29
68 Prosecuting authority to notify chief executive about 30
committal, conviction etc. 31
(1) This section applies if a person is charged with an indictable 32
offence and the commissioner of the police service or the 33
director of public prosecutions (a prosecuting authority) is 34
aware that the person is engaged by the department. 35
s 68 38 s 68
Disability Services Bill 2005
(2) If the person is committed by a court for trial for an indictable 1
offence, the prosecuting authority must, within 7 days after 2
the committal, give notice to the chief executive of the 3
following-- 4
(a) the person's name; 5
(b) the court; 6
(c) particulars of the offence; 7
(d) the date of the committal; 8
(e) the court to which the person was committed. 9
(3) If the person is convicted before a court of an indictable 10
offence, the prosecuting authority must, within 7 days after 11
the conviction, give notice to the chief executive of the 12
following-- 13
(a) the person's name; 14
(b) the court; 15
(c) particulars of the offence; 16
(d) the date of the conviction; 17
(e) the sentence imposed by the court. 18
(4) If the person is convicted of an indictable offence, and has 19
appealed the conviction, and the appeal is finally decided or 20
has otherwise ended, the prosecuting authority must, within 7 21
days after the decision or the day the appeal otherwise ends, 22
give notice to the chief executive of the following-- 23
(a) the person's name; 24
(b) particulars of the offence; 25
(c) the date of the decision or other ending of the appeal; 26
(d) if the appeal was decided-- 27
(i) the court in which it was decided; and 28
(ii) particulars of the decision. 29
(5) If the prosecution process ends without the person being 30
convicted of an indictable offence, the prosecuting authority 31
must, within 7 days after the end, give notice to the chief 32
executive about the following-- 33
s 69 39 s 69
Disability Services Bill 2005
(a) the person's name; 1
(b) if relevant, the court in which the prosecution process 2
ended; 3
(c) particulars of the offence; 4
(d) the date the prosecution process ended. 5
(6) For subsection (5), a prosecution process ends if-- 6
(a) an indictment is presented against the person and-- 7
(i) a nolle prosequi is entered on the indictment; or 8
(ii) the person is acquitted; or 9
(b) the prosecution process has otherwise ended. 10
Division 4 Controls on use of information 11
about criminal history and certain 12
investigations 13
69 Use of information obtained under this part 14
(1) This section applies to the chief executive in considering 15
information about a person received under this part. 16
(2) The information must not be used for any purpose other than 17
assessing the person's suitability to be, or continue to be, 18
engaged by the department. 19
(3) When making the assessment, the chief executive must have 20
regard to the following matters relating to information about 21
the commission, or alleged or possible commission, of an 22
offence by the person-- 23
(a) when the offence was committed, is alleged to have 24
been committed or may possibly have been committed; 25
(b) the nature of the offence and its relevance to the person's 26
proposed duties or duties under the sought engagement 27
or engagement; 28
(c) anything else the chief executive considers relevant to 29
the assessment of the person. 30
s 70 40 s 71
Disability Services Bill 2005
70 Person to be advised of information obtained 1
(1) This section applies to information obtained by the chief 2
executive about a person, under this part, from the 3
commissioner of the police service. 4
(2) Before using the information to assess the person's suitability 5
to be, or continue to be, engaged by the department, the chief 6
executive must-- 7
(a) disclose the information to the person; and 8
(b) allow the person a reasonable opportunity to make 9
representations to the chief executive about the 10
information. 11
71 Guidelines for dealing with information 12
(1) The chief executive must make guidelines, consistent with 13
this Act, for dealing with information obtained by the chief 14
executive under this part. 15
(2) The purpose of the guidelines is to ensure-- 16
(a) natural justice is afforded to the persons about whom the 17
information is obtained; and 18
(b) only relevant information is used in assessing the 19
persons' suitability to be, or continue to be, engaged by 20
the department; and 21
(c) decisions about the suitability of persons, based on the 22
information, are made consistently. 23
(3) The chief executive must give a copy of the guidelines, on 24
request, to a person seeking to be engaged, or engaged, by the 25
department. 26
s 72 41 s 75
Disability Services Bill 2005
Part 9 Screening of persons engaged 1
by funded non-government 2
service providers 3
Division 1 Preliminary 4
72 Main purpose of pt 9 5
The main purpose of this part is to enable the chief executive 6
to obtain the criminal history of, and related information 7
about, persons engaged or to be engaged by funded 8
non-government service providers at service outlets. 9
73 Safety of people with a disability to be paramount 10
consideration 11
The paramount consideration in making a decision under this 12
part is the right of people with a disability to live lives free 13
from abuse, neglect or exploitation. 14
74 This part applies despite the Criminal Law (Rehabilitation 15
of Offenders) Act 1986 16
This part applies to a person despite anything in the Criminal 17
Law (Rehabilitation of Offenders) Act 1986. 18
Division 2 Interpretation 19
75 What is engagement 20
(1) For this part, a funded non-government service provider is 21
engaging a person at a service outlet of the service provider if 22
the provider has an agreement with the person for the person 23
to carry out work at the outlet. 24
(2) Without limiting subsection (1), each of the following persons 25
at a service outlet of a funded non-government service 26
provider is engaged by the service provider-- 27
s 76 42 s 76
Disability Services Bill 2005
(a) an employee of the service provider employed under a 1
contract of service; 2
(b) a volunteer of the service provider; 3
(c) a person employed by the service provider under a 4
contract for services; 5
(d) a member of a board, management committee or other 6
governing body of the service provider; 7
(e) an executive officer of the service provider; 8
(f) a student on work experience with the service provider. 9
(3) It is immaterial for this section-- 10
(a) whether the agreement is written or unwritten; and 11
(b) the time for which the person is engaged to carry out the 12
work; and 13
(c) whether the agreement provides for the person to carry 14
out work on 1 occasion or on an ongoing basis, whether 15
regularly or irregularly. 16
(4) Also, for this section, the nature of the work is immaterial. 17
(5) However, the following are not engaged by a service 18
provider-- 19
(a) a consumer of the service provider even if the consumer 20
carries out work at a service outlet of the service 21
provider; 22
(b) a tradesperson who-- 23
(i) from time to time performs work at a service outlet 24
of the service provider; and 25
(ii) is not an employee of the service provider 26
employed under a contract of service. 27
76 What is a serious offence 28
(1) A serious offence is-- 29
(a) for each Act mentioned in schedule 3, an offence against 30
a provision mentioned in column 1 of that schedule for 31
that Act, subject to any limitation relating to the 32
provision mentioned opposite in column 3; or 33
s 77 43 s 77
Disability Services Bill 2005
(b) an offence of counselling or procuring the commission 1
of, or attempting or conspiring to commit, an offence 2
mentioned in paragraph (a); or 3
(c) an offence against a provision mentioned in schedule 4 4
that is an expired or repealed provision of the Criminal 5
Code, subject to any qualification relating to the 6
provision mentioned opposite in column 3; or 7
(d) an offence against a law at any time of another 8
jurisdiction that substantially corresponds to an offence 9
mentioned in paragraph (a), (b) or (c); or 10
(e) an offence that is a class 1 or 2 offence as defined under 11
the Child Protection (Offender Reporting) Act 2004 that 12
is not otherwise a serious offence under this subsection. 13
14
Note--
15
Column 2 in schedules 3 and 4 is included for information purposes
16
only and states a section heading for the provision mentioned opposite
17
in column 1.
(2) For this section, it is immaterial if a provision mentioned in 18
schedule 3 or 4, column 1, for an Act has been amended from 19
time to time or that the provision was previously numbered 20
with a different number. 21
77 What is a serious sexual or violent offence 22
(1) A serious sexual or violent offence is-- 23
(a) an offence against a provision of the Criminal Code 24
mentioned in schedule 5, column 1; or 25
(b) an offence against a provision mentioned in schedule 6, 26
column 1, that is an expired or repealed provision of the 27
Criminal Code, subject to any qualification relating to 28
the provision mentioned opposite in column 3. 29
30
Note--
31
Column 2 in schedules 5 and 6 is included for information purposes
32
only and states a section heading for the provision mentioned opposite
33
in column 1.
(2) For this section, it is immaterial if a provision mentioned in 34
schedule 5 or 6, column 1 has been amended from time to 35
s 78 44 s 79
Disability Services Bill 2005
time or that the provision was previously numbered with a 1
different number. 2
78 What is an excluding offence 3
An excluding offence is-- 4
(a) a serious sexual or violent offence; or 5
(b) an offence against a provision mentioned in schedule 3, 6
in relation to the entry for the Classification of 7
Computer Games and Images Act 1995, Classification 8
of Films Act 1991 or Classification of Publications Act 9
1991; or 10
(c) an offence against the Criminal Code, section 228A, 11
228B, 228C or 228D.3 12
Division 3 Risk management strategies 13
79 Risk management strategies about persons engaged by 14
funded non-government service providers 15
(1) This section applies to a funded non-government service 16
provider who engages a person at a service outlet of the 17
service provider. 18
(2) For each year, the service provider must develop and 19
implement a written strategy (a risk management strategy) 20
for persons engaged by the service provider. 21
Maximum penalty-- 22
(a) for an individual guilty under chapter 2 of the Criminal 23
Code of an offence or for section 2034--20 penalty 24
units; or 25
(b) for a funded non-government service provider--100 26
penalty units. 27
3 Criminal Code, section 228A (Involving child in making child exploitation
material), 228B (Making child exploitation material), 228C (Distributing child
exploitation material) or 228D (Possessing child exploitation material)
4 Section 203 (Executive officers must ensure corporation complies with Act)
s 80 45 s 80
Disability Services Bill 2005
(3) The purpose of a risk management strategy is to implement 1
engagement practices and procedures in relation to people 2
with a disability to-- 3
(a) promote their wellbeing; and 4
(b) protect them from abuse, neglect or exploitation. 5
(4) Without limiting subsection (3), a regulation may prescribe 6
the matters that are to be included in a risk management 7
strategy. 8
Division 4 Issue of prescribed notices for 9
funded non-government service 10
providers 11
80 Application for notice 12
(1) A funded non-government service provider who proposes to 13
start engaging, or continue engaging, another person (the 14
engaged person) at a service outlet of the service provider, 15
may apply to the chief executive for a prescribed notice about 16
the engaged person. 17
(2) The application must be-- 18
(a) in the approved form; and 19
(b) signed by, or on behalf of, the service provider; and 20
(c) signed by the engaged person. 21
(3) The approved form must include provision for-- 22
(a) identifying information about the engaged person; and 23
(b) certification by the service provider that the service 24
provider has sighted documents, relating to proof of the 25
engaged person's identity, prescribed under a regulation; 26
and 27
(c) the engaged person's consent to screening under this 28
part. 29
(4) On receiving the application, the chief executive may ask the 30
service provider or engaged person for further information 31
s 81 46 s 81
Disability Services Bill 2005
that the chief executive reasonably considers necessary to 1
establish the engaged person's identity. 2
(5) If an engaged person is given a written request under 3
subsection (4), the engaged person is taken to have withdrawn 4
the application if-- 5
(a) the request includes a warning that, if the request is not 6
complied with within a stated time, the engaged 7
person's application will be taken to have been 8
withdrawn; and 9
(b) the engaged person does not comply with the request 10
within the stated time; and 11
(c) the chief executive gives the engaged person a notice 12
stating that the engaged person is taken to have 13
withdrawn the application. 14
81 Notice of change of engagement, or name and contact 15
details in application under s 80 16
(1) This section applies to a person if an application under section 17
80 is made for a prescribed notice about an engaged person 18
and any of the following (each a relevant change) happens 19
before the chief executive has issued a prescribed notice to the 20
engaged person in relation to the application-- 21
(a) the engaged person's name or contact details, as stated 22
in the application, change; 23
(b) the engaged person's engagement, as stated in the 24
application, ends. 25
(2) The engaged person must give notice, in the approved form, to 26
the chief executive of the relevant change within 14 days after 27
the relevant change happens. 28
Maximum penalty--10 penalty units. 29
(3) The approved form mentioned in subsection (2) must provide 30
for an engaged person to give notice withdrawing the person's 31
consent to screening under this part. 32
s 82 47 s 82
Disability Services Bill 2005
82 Decision on application 1
(1) This section applies if an application under section 80 is made 2
for a prescribed notice about an engaged person. 3
(2) The chief executive must decide the application by issuing 4
either of the following unless the application is withdrawn-- 5
(a) a notice declaring the application for the prescribed 6
notice is approved (a positive notice); 7
(b) a notice declaring the application for the prescribed 8
notice is refused (a negative notice). 9
(3) Subject to subsection (4), the chief executive must issue a 10
positive notice to the engaged person if the chief executive-- 11
(a) is not aware of any police information about the 12
engaged person; or 13
(b) is not aware of a conviction of the engaged person for 14
any offence but is aware that there is 1 or more of the 15
following about the engaged person-- 16
(i) investigative information; 17
(ii) a charge for an offence other than an excluding 18
offence; 19
(iii) a charge for an excluding offence that has been 20
dealt with other than by a conviction; or 21
22
Note for subparagraph (iii)--
23
See sections 101 and 114(5) in relation to charges for
24
excluding offences that have not been dealt with.
(c) is aware of a conviction of the engaged person for an 25
offence other than a serious offence. 26
(4) The chief executive is required to issue a positive notice under 27
subsection (3)(b) or (c) unless the chief executive is satisfied it 28
is an exceptional case in which it would not be in the best 29
interests of people with a disability for the chief executive to 30
issue a positive notice. 31
(5) If the chief executive is satisfied under subsection (4) that it is 32
an exceptional case, the chief executive must issue a negative 33
notice. 34
s 83 48 s 83
Disability Services Bill 2005
(6) Subject to subsection (7), the chief executive must issue a 1
negative notice to the engaged person if the chief executive is 2
aware of a conviction of the engaged person for-- 3
(a) an excluding offence for which the court that convicted 4
the engaged person imposed an imprisonment order for 5
the offence or made a disqualification order under 6
section 119; or 7
(b) a serious offence, other than an excluding offence dealt 8
with in a way mentioned in paragraph (a). 9
(7) The chief executive is required to issue a negative notice 10
under subsection (6)(b) unless the chief executive is satisfied 11
it is an exceptional case in which it would not harm the best 12
interests of people with a disability for the chief executive to 13
issue a positive notice. 14
(8) If the chief executive is satisfied under subsection (7) that it is 15
an exceptional case, the chief executive must issue a positive 16
notice. 17
83 Decision-making under s 82 in relation to discretionary 18
matters 19
(1) This section applies if the chief executive is deciding whether 20
or not there is an exceptional case as mentioned in section 21
82(4) or (7). 22
(2) If the chief executive is aware that an engaged person has been 23
convicted of, or charged with, an offence, the chief executive 24
must have regard to the following-- 25
(a) in relation to the commission, or alleged commission, of 26
an offence by the person-- 27
(i) whether it is a conviction or a charge; and 28
(ii) whether the offence is a serious offence and, if it is, 29
whether it is an excluding offence; and 30
(iii) when the offence was committed or is alleged to 31
have been committed; and 32
(iv) the nature of the offence and its relevance to 33
engagement that involves people with a disability; 34
and 35
s 84 49 s 84
Disability Services Bill 2005
(v) in the case of a conviction--the penalty imposed 1
by the court and if it decided not to impose an 2
imprisonment order for the offence, or decided not 3
to make a disqualification order under section 119, 4
the court's reasons for its decision; 5
(b) anything else relating to the commission, or alleged 6
commission, of the offence that the chief executive 7
reasonably considers to be relevant to the assessment of 8
the engaged person. 9
(3) If the chief executive is aware of investigative information 10
about a person, the chief executive must have regard to the 11
following-- 12
(a) when the acts or omissions constituting the alleged 13
offence to which the investigative information relates 14
were committed; 15
(b) anything else relating to the commission of the acts or 16
omissions that the chief executive reasonably considers 17
relevant to the assessment of the engaged person. 18
84 Actions of chief executive after making decision on 19
application 20
(1) After making a decision about an application under section 21
80, the chief executive must issue a prescribed notice to the 22
engaged person. 23
(2) If the prescribed notice is a negative notice, the prescribed 24
notice must be accompanied by a notice stating the 25
following-- 26
(a) the reasons for the chief executive's decision on the 27
application; 28
(b) if the reasons do not include investigative information, a 29
statement that the engaged person may apply to the 30
tribunal, within 28 days after the engaged person is 31
given the notice, to have reviewed only a decision of the 32
chief executive about whether there is an exceptional 33
case as mentioned in section 82(4) or (7); 34
s 84 50 s 84
Disability Services Bill 2005
(c) if the reasons include investigative information, a 1
statement that, within 28 days after the engaged person 2
is given the notice, the engaged person-- 3
(i) may appeal as mentioned in section 108(2)5 to a 4
Magistrates Court about only the investigative 5
information; or 6
(ii) may decide not to appeal under section 108(2) but 7
apply to the tribunal to have reviewed only a 8
decision of the chief executive about whether there 9
is an exceptional case as mentioned in section 10
82(4) or (7); 11
(d) how the person may apply for the review to the tribunal 12
or appeal to the Magistrates Court. 13
(3) The notice must also include a copy of section 105. 14
(4) After the chief executive issues the prescribed notice to the 15
engaged person under this section, the chief executive must 16
give notice to the funded non-government service provider 17
stating whether the engaged person was given a positive 18
notice or negative notice. 19
(5) Within 14 days after a prescribed notice is issued under this 20
section to an engaged person who previously held another 21
prescribed notice, the engaged person must give the chief 22
executive-- 23
(a) the previously held prescribed notice; and 24
(b) if the previously held prescribed notice was a positive 25
notice--the positive notice card previously held by the 26
engaged person. 27
Maximum penalty for subsection (5)--10 penalty units. 28
5 Section 108 (Decision by police commissioner that information is investigative
information)
s 85 51 s 86
Disability Services Bill 2005
85 Chief executive to invite submissions from engaged 1
person about particular information 2
(1) This section applies if, for an application under section 80, the 3
chief executive must decide whether or not there is an 4
exceptional case as mentioned in section 82(4) or (7). 5
(2) If the chief executive proposes to decide the application by 6
issuing a negative notice, the chief executive must give the 7
engaged person a notice-- 8
(a) stating the police information about the engaged person 9
that the chief executive is aware of; and 10
(b) inviting the engaged person to give the chief executive, 11
within a stated time, a written submission about why the 12
chief executive should not issue a negative notice. 13
(3) The stated time must be reasonable and, in any case, at least 7 14
days after the chief executive gives the notice to the engaged 15
person. 16
(4) Before deciding the application, the chief executive must 17
consider any submission received from the engaged person 18
within the stated time. 19
86 Currency of prescribed notice and positive notice card 20
(1) A negative notice remains current until it is cancelled under 21
division 6. 22
(2) A positive notice remains current for 2 years after it is issued, 23
unless it is earlier cancelled under division 6. 24
(3) A positive notice card relating to a positive notice remains 25
current for the same period as the positive notice. 26
s 87 52 s 88
Disability Services Bill 2005
Division 5 Obligations and offences relating to 1
prescribed notices 2
Subdivision 1 Engagement of persons by funded 3
non-government service provider 4
87 When person without current positive notice may be 5
engaged 6
(1) This section applies if-- 7
(a) a person is engaged or to be engaged by a funded 8
non-government service provider at a service outlet of 9
the service provider; and 10
(b) the person does not have a current positive notice. 11
(2) The service provider must not engage or continue to engage 12
the person at a service outlet of the service provider unless the 13
service provider has applied for a prescribed notice, or further 14
prescribed notice, about the person. 15
Maximum penalty-- 16
(a) for an individual guilty under chapter 2 of the Criminal 17
Code of an offence or for section 2036--50 penalty 18
units; or 19
(b) for a funded non-government service provider--250 20
penalty units. 21
88 Prohibited engagement 22
(1) This section applies if a person (the engaged person) does not 23
have a current positive notice. 24
(2) A funded non-government service provider must not engage, 25
or continue to engage, the engaged person at a service outlet 26
of the service provider if the service provider-- 27
(a) has applied for a prescribed notice about the engaged 28
person and has been notified by the chief executive, 29
6 Section 203 (Executive officers must ensure corporation complies with Act)
s 89 53 s 89
Disability Services Bill 2005
other than as provided under paragraph (b), that the 1
engaged person has withdrawn the engaged person's 2
consent to screening under this part; or 3
(b) has been given a notice of deemed withdrawal relating 4
to the engaged person under section 114(4); or 5
(c) is aware that a negative notice has been issued to the 6
engaged person and is current. 7
Maximum penalty-- 8
(a) for paragraph (a)-- 9
(i) for an individual guilty under chapter 2 of the 10
Criminal Code of an offence or for section 11
2037--40 penalty units; or 12
(ii) for a funded non-government service 13
provider--200 penalty units; or 14
(b) for paragraphs (b) and (c)-- 15
(i) for an individual guilty under chapter 2 of the 16
Criminal Code of an offence or for section 17
203--100 penalty units; or 18
(ii) for a funded non-government service 19
provider--500 penalty units. 20
Subdivision 2 Obligations if holder of negative 21
notice or application for prescribed 22
notice is withdrawn 23
89 Person holding negative notice, or who has withdrawn 24
consent to screening, not to apply for, or start or 25
continue in, engagement by funded non-government 26
service provider 27
(1) A person must not apply for, or start or continue in 28
engagement by a funded non-government service provider at a 29
service outlet of the service provider if a negative notice has 30
been issued to the person and is current. 31
7 Section 203 (Executive officers must ensure corporation complies with Act)
s 90 54 s 91
Disability Services Bill 2005
Maximum penalty--500 penalty units or 5 years 1
imprisonment. 2
(2) A person must not apply for, or start or continue in, 3
engagement by a service provider at a service outlet of the 4
service provider if an application about the person was made 5
under section 808 but the person withdrew the person's 6
consent, or is taken to have withdrawn the person's consent, to 7
screening under this part before a prescribed notice was 8
issued. 9
Maximum penalty--100 penalty units or 1 year's 10
imprisonment. 11
(3) However, if the person held a positive notice but a negative 12
notice was substituted for the positive notice under section 13
98,9 a court may not find the person contravened subsection 14
(1) unless the court is satisfied that notice of the substitution 15
was given to the person. 16
Subdivision 3 Changes in criminal history 17
90 Acquiring a criminal history 18
For a person who does not have a criminal history, there is 19
taken to be a change in the person's criminal history if the 20
person acquires a criminal history. 21
91 Effect of conviction for serious offence or charge for 22
excluding offence 23
(1) This section applies to a person with a current positive notice 24
immediately on the person's conviction for a serious offence 25
or the person being charged with an excluding offence. 26
(2) Until the notice is cancelled and a further positive notice is 27
issued to the person, the person must not start or continue 28
8 Section 80 (Application for notice)
9 Section 98 (Chief executive may cancel a prescribed notice and substitute another
prescribed notice)
s 92 55 s 93
Disability Services Bill 2005
engagement with a funded non-government service provider 1
at a service outlet of the service provider. 2
Maximum penalty--500 penalty units or 5 years 3
imprisonment. 4
92 Change in criminal history of engaged person 5
(1) This section applies to a person engaged by a funded 6
non-government service provider if there is a change in the 7
person's criminal history. 8
(2) The person must immediately disclose to the service provider 9
that there has been a change in the person's criminal history. 10
Maximum penalty--100 penalty units. 11
(3) On receiving the disclosure, the service provider must not 12
continue to engage the person at a service outlet of the service 13
provider without applying for a prescribed notice, or further 14
prescribed notice, about the person. 15
Maximum penalty-- 16
(a) for an individual guilty under chapter 2 of the Criminal 17
Code of an offence or for section 20310--100 penalty 18
units; or 19
(b) for a funded non-government service provider--500 20
penalty units. 21
(4) To remove any doubt, it is declared that-- 22
(a) it is not a requirement of subsection (2) that the person 23
give the service provider any information about the 24
change other than that a change has happened; and 25
(b) it is not a requirement of subsection (3) that the service 26
provider stop engaging the person at a service outlet of 27
the service provider on receiving the disclosure. 28
93 Change in criminal history of other persons 29
(1) This section applies if-- 30
10 Section 203 (Executive officers must ensure corporation complies with Act)
s 94 56 s 94
Disability Services Bill 2005
(a) a person has a current positive notice; and 1
(b) there has been a change in the person's criminal history 2
since the notice was issued; and 3
(c) the person is not engaged by a funded non-government 4
service provider at a service outlet of the service 5
provider. 6
(2) Before starting engagement with a funded non-government 7
service provider at a service outlet of the service provider, the 8
person must notify the service provider that there has been a 9
change in the person's criminal history since the person's 10
current prescribed notice was issued. 11
Maximum penalty--100 penalty units. 12
(3) On receiving the disclosure, the service provider must not 13
engage the person at a service outlet of the service provider 14
without applying for a further prescribed notice about the 15
person. 16
Maximum penalty-- 17
(a) for an individual guilty under chapter 2 of the Criminal 18
Code of an offence or for section 20311--100 penalty 19
units; or 20
(b) for a funded non-government service provider--500 21
penalty units. 22
Subdivision 4 General 23
94 False or misleading disclosure 24
A person must not-- 25
(a) give a funded non-government service provider who is 26
proposing to engage the person information for this part 27
that is false or misleading in a material particular; or 28
(b) state anything to the chief executive for this part that the 29
person knows is false or misleading in a material 30
particular. 31
11 Section 203 (Executive officers must ensure corporation complies with Act)
s 95 57 s 96
Disability Services Bill 2005
Maximum penalty--100 penalty units or 2 years 1
imprisonment. 2
95 False or misleading documents 3
(1) A person must not give the chief executive a document for this 4
part containing information the person knows is false or 5
misleading in a material particular. 6
Maximum penalty--100 penalty units or 2 years 7
imprisonment. 8
(2) Subsection (1) does not apply to a person if the person, when 9
giving the document-- 10
(a) tells the chief executive, to the best of the person's 11
ability, how it is false or misleading; and 12
(b) if the person has, or can reasonably obtain, the correct 13
information--gives the correct information. 14
96 Return of positive notice and positive notice card to chief 15
executive 16
(1) This section applies to a person with a current positive notice 17
if-- 18
(a) the person is convicted of a serious offence; or 19
(b) the chief executive cancels the notice and issues a 20
negative notice to the person. 21
(2) The person must immediately return the positive notice, and 22
the positive notice card issued to the person, to the chief 23
executive, unless the person has a reasonable excuse. 24
Maximum penalty--100 penalty units. 25
s 97 58 s 97
Disability Services Bill 2005
Division 6 Cancellation and replacement of 1
prescribed notices 2
97 Cancellation of negative notice and issuing of positive 3
notice 4
(1) This section applies if the chief executive has issued a 5
negative notice to a person and the notice is current. 6
(2) The person may apply to the chief executive to cancel the 7
notice. 8
(3) The application may not be made less than 2 years after the 9
issue of the notice or any previous application by the person 10
under this section. 11
(4) The application must be-- 12
(a) in the approved form; and 13
(b) signed by the person; and 14
(c) accompanied by the fee prescribed under a regulation 15
for the application. 16
(5) The person may state in the application anything the person 17
considers relevant to the chief executive's decision including, 18
in particular, any change in the person's circumstances since 19
the negative notice was issued. 20
(6) Sections 82, 83, 84 and 8512 apply to the application as if-- 21
(a) the application were an application for a prescribed 22
notice; and 23
(b) a reference in the provisions to issuing a positive notice 24
were a reference to granting the application; and 25
(c) a reference in the provisions to issuing a negative notice 26
were a reference to refusing the application. 27
12 Sections 82 (Decision on application), 83 (Decision-making under s 82 in relation to
discretionary matters), 84 (Actions of chief executive after making decision on
application) and 85 (Chief executive to invite submissions from engaged person
about particular information)
s 98 59 s 98
Disability Services Bill 2005
(7) If the chief executive grants the application, the chief 1
executive must cancel the negative notice to which the 2
application relates and issue a positive notice to the person. 3
98 Chief executive may cancel a prescribed notice and 4
substitute another prescribed notice 5
(1) The chief executive may cancel a positive notice (the 6
cancelled notice) about a person and substitute a negative 7
notice if the chief executive is satisfied that-- 8
(a) the decision on the application for the cancelled notice 9
was based on wrong or incomplete information and, 10
based on the correct or complete information, the chief 11
executive should issue the negative notice; or 12
(b) it is appropriate to cancel the positive notice having 13
regard to information received under section 111 or 14
112,13 about the person. 15
(2) If the person is engaged by a funded non-government service 16
provider at the time the negative notice is substituted, the chief 17
executive must give notice of the substitution to the service 18
provider. 19
(3) The chief executive may cancel a negative notice (the 20
cancelled notice) and substitute a positive notice if the chief 21
executive is satisfied that-- 22
(a) the decision on the application for the cancelled notice 23
was based on wrong or incomplete information and, 24
based on the correct or complete information, the chief 25
executive should issue the positive notice; or 26
(b) a penalty or order of a court of the type mentioned in 27
section 99(1), that required the chief executive to cancel 28
the positive notice and issue a negative notice, is not 29
upheld on appeal. 30
(4) In making a decision under subsection (1) or (3), the chief 31
executive must make the decision as if it were a decision 32
about an application for a prescribed notice and, for that 33
13 Section 111 (Chief executive may obtain information from police commissioner) or
112 (Notice of change in police information about a person)
s 99 60 s 99
Disability Services Bill 2005
purpose, sections 82, 83 and 84 apply to the decision under 1
this section. 2
(5) If the chief executive proposes to substitute a negative notice 3
as mentioned in subsection (1), the chief executive must first 4
comply with section 85 as if-- 5
(a) the reference in section 85(2) to deciding the application 6
by issuing a negative notice were a reference to 7
substituting a negative notice for a positive notice; and 8
(b) the reference in section 85(4) to deciding the application 9
were a reference to substituting a negative notice for a 10
positive notice. 11
(6) The chief executive may exercise a power under subsection 12
(1) or (3)-- 13
(a) on application by the person to whom the cancelled 14
notice was issued or the person who applied for the 15
cancelled notice; or 16
(b) on the chief executive's own initiative. 17
99 Cancellation if conviction for excluding offence and 18
imprisonment or disqualification order 19
(1) This section applies if a person who is the holder of a positive 20
notice, including a positive notice that is suspended under 21
section 101,14 is convicted of an excluding offence and the 22
court that convicts the person-- 23
(a) imposes an imprisonment order; or 24
(b) makes a disqualification order under section 119.15 25
(2) The chief executive must cancel the positive notice held by the 26
person and substitute a negative notice. 27
(3) At the time the chief executive gives the person the negative 28
notice, the chief executive must give the person a further 29
notice stating-- 30
14 Section 101 (Effect of charge for excluding offence pending charge being dealt
with)
15 Section 119 (Disqualification order)
s 100 61 s 100
Disability Services Bill 2005
(a) there is no appeal under this Act against the decision of 1
the chief executive to cancel the positive notice and 2
substitute a negative notice; and 3
(b) the person can not apply under section 9716 for the 4
cancellation of the negative notice, even after 2 years; 5
and 6
(c) the person may apply under section 98 for the 7
cancellation of the negative notice if the decision to 8
issue the cancelled notice was made under this section 9
and the penalty or order mentioned in subsection (1)(a) 10
or (b) is not upheld on appeal against the imposition of 11
the penalty or making of the order and that is the only 12
reason for an application under section 98. 13
(4) Also, if the person is engaged by a funded non-government 14
service provider, the chief executive must give notice to the 15
service provider stating the person was given a negative 16
notice. 17
(5) There is no appeal under this Act against a decision of the 18
chief executive under this section to cancel the positive notice 19
and substitute a negative notice. 20
(6) In section-- 21
appeal includes review. 22
100 Cancellation if conviction for excluding offence but no 23
imprisonment or disqualification order 24
(1) This section applies if a person who is the holder of a positive 25
notice, including a positive notice that is suspended under 26
section 101, is convicted of an excluding offence but the court 27
that convicts the person-- 28
(a) imposes a penalty that does not include an 29
imprisonment order for the offence; or 30
(b) does not make a disqualification order under section 31
119.17 32
16 Section 97 (Cancellation of negative notice and issuing of positive notice)
17 Section 119 (Disqualification order)
s 101 62 s 101
Disability Services Bill 2005
(2) The chief executive must cancel the person's positive notice 1
and substitute a negative notice unless the chief executive is 2
satisfied it is an exceptional case in which it would not harm 3
the best interests of people with a disability for the chief 4
executive not to cancel the positive notice. 5
(3) In making a decision under subsection (2), the chief executive 6
must make the decision as if it were a decision about an 7
application for a prescribed notice and, for that purpose, 8
sections 82, 83 and 8418 apply to the decision under this 9
section. 10
(4) If the chief executive proposes to substitute a negative notice 11
as mentioned in subsection (2), the chief executive must first 12
comply with section 8519 as if-- 13
(a) the reference in section 85(2) to deciding the application 14
by issuing a negative notice were a reference to 15
substituting a negative notice for a positive notice; and 16
(b) the reference in section 85(4) to deciding the application 17
were a reference to substituting a negative notice for a 18
positive notice. 19
101 Effect of charge for excluding offence pending charge 20
being dealt with 21
(1) If a person who is the holder of a positive notice is charged 22
with an excluding offence, the chief executive must suspend 23
the positive notice by notice given to the person. 24
(2) The notice about the suspension must state the following-- 25
(a) the positive notice held by the person is suspended; 26
(b) the reason for the suspension; 27
(c) how long the suspension will continue; 28
(d) the effect of the suspension; 29
18 Sections 82 (Decision on application), 83 (Decision-making under s 82 in relation to
discretionary matters) and 84 (Actions of chief executive after making decision on
application)
19 Section 85 (Chief executive to invite submissions from engaged person about
particular information)
s 101 63 s 101
Disability Services Bill 2005
(e) the person must return the positive notice, and the 1
positive notice card, to the chief executive within 7 days 2
after the notice is given to the person. 3
(3) Until a suspension is cancelled, the person whose positive 4
notice is suspended and who is given a notice under 5
subsection (1) must not apply, start or continue to be engaged 6
by a funded non-government service provider at a service 7
outlet of the service provider. 8
Maximum penalty--200 penalty units or 2 years 9
imprisonment. 10
(4) Within 7 days after a person is given notice under subsection 11
(1), the person must return each of the following to the chief 12
executive-- 13
(a) the positive notice; 14
(b) the positive notice card relating to the positive notice. 15
Maximum penalty--100 penalty units. 16
(5) Also, if the person is engaged by a funded non-government 17
service provider, the chief executive must give notice to the 18
service provider stating that the positive notice held by the 19
person is suspended and the effect of the suspension. 20
(6) A notice under subsection (5) to a funded non-government 21
service provider must state that-- 22
(a) the service provider must not allow the person to work 23
at a service outlet of the service provider; and 24
(b) the service provider must not terminate the person's 25
engagement or continued engagement solely or mainly 26
because the person's positive notice is suspended. 27
(7) A funded non-government service provider to whom a notice 28
is given under subsection (5) must not allow the person 29
engaged by the service provider to work at a service outlet of 30
the service provider. 31
Maximum penalty-- 32
s 102 64 s 102
Disability Services Bill 2005
(a) for an individual guilty under chapter 2 of the Criminal 1
Code of an offence or for section 20320--200 penalty 2
units or 2 years imprisonment; or 3
(b) for a funded non-government service provider--1000 4
penalty units. 5
(8) A funded non-government service provider to whom a notice 6
is given under subsection (5) about a person must not 7
terminate the person's engagement or continued engagement 8
solely or mainly because the service provider is given the 9
notice. 10
(9) Without limiting subsection (3) and despite section 86(2), a 11
positive notice remains current during the period of 12
suspension even if it would otherwise end under section 86(2) 13
during that period. 14
102 Cancellation of suspension and issue of further 15
prescribed notice 16
(1) This section applies to a positive notice held by a person that 17
is suspended under section 101 (the suspended notice). 18
(2) The suspension is cancelled if-- 19
(a) the suspended notice is cancelled under section 99(2) or 20
100(2); or 21
(b) on application by the person for the cancellation of the 22
suspension and issue of a further prescribed notice, the 23
chief executive cancels the suspended notice and issues 24
a further positive notice or a negative notice. 25
(3) If, in relation to the charge of an excluding offence that 26
resulted in the person's positive notice being suspended, the 27
person-- 28
(a) was not convicted of any offence or was convicted of an 29
offence that is not a serious offence, the chief executive 30
must issue a further positive notice unless the chief 31
executive is satisfied it is an exceptional case in which it 32
would not be in the best interests of people with a 33
20 Section 203 (Executive officers must ensure corporation complies with Act)
s 103 65 s 103
Disability Services Bill 2005
disability for the chief executive to issue a further 1
positive notice; or 2
(b) was convicted of a serious offence, the chief executive 3
must issue a negative notice unless the chief executive is 4
satisfied it is an exceptional case in which it would not 5
harm the best interests of people with a disability for the 6
chief executive to issue a further positive notice. 7
(4) If the chief executive is satisfied that-- 8
(a) there is an exceptional case under subsection (3)(a), the 9
chief executive must issue a negative notice; or 10
(b) there is an exceptional case under subsection (3)(b), the 11
chief executive must issue a further positive notice. 12
(5) In making a decision under subsection (3), the chief executive 13
must make the decision as if it were a decision about an 14
application for a prescribed notice and, for that purpose, 15
sections 82, 83 and 8421 apply to the decision under this 16
section. 17
(6) If the chief executive proposes to issue a negative notice, the 18
chief executive must first comply with section 85.22 19
103 Replacement of positive notice or positive notice card 20
(1) If a person's current positive notice, or current positive notice 21
card, is lost or stolen, the person must apply for a replacement 22
notice or card within 14 days after the loss or theft. 23
Maximum penalty--10 penalty units. 24
(2) The application must be in the approved form and 25
accompanied by the fee prescribed under a regulation for the 26
application. 27
(3) The chief executive must-- 28
(a) cancel the lost or stolen notice or card; and 29
21 Sections 82 (Decision on application), 83 (Decision-making under s 82 in relation to
discretionary matters) and 84 (Actions of chief executive after making decision on
application)
22 Section 85 (Chief executive to invite submissions from engaged person about
particular information)
s 104 66 s 104
Disability Services Bill 2005
(b) issue a replacement notice or card to the person. 1
(4) The chief executive may issue the replacement notice or card 2
with a different registration number to the number of the lost 3
or stolen notice or card. 4
(5) If the person's lost or stolen notice or card is returned to, or 5
otherwise recovered by, the person after the application for a 6
replacement notice or card, the person must give the replaced 7
notice or card to the chief executive within 14 days after it is 8
returned to, or otherwise recovered by, the person. 9
Maximum penalty--10 penalty units. 10
(6) The chief executive must give notice to the police 11
commissioner about the fact that a current positive notice, or 12
current positive notice card, has been lost or stolen. 13
104 Change of details for prescribed notice or positive notice 14
card 15
(1) This section applies if the holder of a positive notice does any 16
of the following (each of which is a relevant change)-- 17
(a) changes a name the holder has previously given to the 18
chief executive; 19
(b) starts to use a different name to the name or names the 20
holder has previously given to the chief executive; 21
(c) changes contact details previously given to the chief 22
executive. 23
(2) The holder must give notice, in the approved form, to the chief 24
executive about the relevant change within 14 days after the 25
relevant change. 26
Maximum penalty--10 penalty units. 27
(3) If the chief executive considers it is appropriate to do so, the 28
chief executive may issue to the holder a replacement positive 29
notice or replacement positive notice card. 30
(4) If the chief executive issues to the holder a replacement 31
positive notice, or replacement positive notice card, within 14 32
days after receiving the replacement notice or card the holder 33
must return the replaced notice or card to the chief executive. 34
s 105 67 s 105
Disability Services Bill 2005
Maximum penalty--10 penalty units. 1
(5) The chief executive must cancel the previously held positive 2
notice or positive notice card if the chief executive has issued 3
a replacement notice or card. 4
Division 7 Miscellaneous 5
105 Person may apply for review of decision 6
(1) A person may apply to the tribunal for a review of either of the 7
following decisions of the chief executive-- 8
(a) a decision as to whether or not there is an exceptional 9
case as mentioned in section 82(4) or (7), 100(2) or 10
102(3) if, because of the decision, the chief executive 11
issued a negative notice, or refused to cancel a negative 12
notice, about the person; 13
(b) a decision that the person had been charged with an 14
excluding offence if, because of the decision, the 15
positive notice held by the person was suspended under 16
section 101(1). 17
(2) An application to review a decision mentioned in subsection 18
(1)(b) may only be made if the person claims he or she has not 19
been charged with the relevant excluding offence. 20
(3) If a person applies under subsection (1) to have a decision 21
reviewed, the tribunal may not stay the operation of the 22
decision. 23
(4) To remove any doubt, it is declared that there is no appeal, or 24
review, under this Act against a decision of the chief executive 25
to issue, or refuse to cancel, a negative notice about a person 26
other than a decision mentioned in subsection (1). 27
(5) This section does not limit section 108.23 28
(6) In this section-- 29
23 Section 108 (Decision by police commissioner that information is investigative
information)
s 106 68 s 106
Disability Services Bill 2005
issue a negative notice includes substitute a negative notice 1
after cancelling a positive notice. 2
106 Police commissioner may decide that information about a 3
person is investigative information 4
(1) The police commissioner may decide under this section that 5
information about a person (the investigated person) is 6
investigative information if-- 7
(a) there is or was evidence of acts or omissions that, at the 8
time of the acts or omissions, constituted a serious 9
sexual or violent offence (the alleged offence) by the 10
investigated person against a person with a disability (a 11
complainant); and 12
(b) the police investigated the alleged offence and the 13
investigated person was formally notified about the 14
investigation, including-- 15
(i) by participating in an interview, or by being asked 16
to participate in an interview, about the alleged 17
offence; or 18
(ii) by otherwise being given an opportunity to answer 19
allegations about the alleged offence; and 20
(c) there was sufficient evidence available that was capable 21
of establishing each element of the alleged offence but a 22
decision was made not to charge the investigated person 23
because-- 24
(i) the complainant died before the charge was 25
brought; or 26
(ii) either or both of the following applied-- 27
(A) the complainant was unwilling to proceed; 28
(B) an adult who, at the relevant time, was the 29
complainant's parent or guardian decided 30
that, in the interests of the complainant, the 31
matter should not proceed. 32
(2) Evidence of acts or omissions includes information from a 33
third party if the complainant did not make a formal complaint 34
at or about the time of the investigation. 35
s 107 69 s 108
Disability Services Bill 2005
107 Delegation by police commissioner of power under s 106 1
restricted 2
Despite the Police Service Administration Act 1990, section 3
4.10, the police commissioner may not delegate the police 4
commissioner's powers under section 106 other than to a 5
police officer of at least the rank of superintendent. 6
108 Decision by police commissioner that information is 7
investigative information 8
(1) This section applies if-- 9
(a) the police commissioner decides that information about 10
a person is investigative information; and 11
(b) the investigative information is given, under section 111 12
or 112,24 to the chief executive; and 13
(c) a negative notice is issued, or a positive notice is 14
cancelled and a negative notice is substituted for it, after 15
the investigative information is given to the chief 16
executive. 17
(2) The person may appeal to a Magistrates Court about the 18
decision that information, given to the chief executive as 19
investigative information, is investigative information. 20
(3) However, an appeal under subsection (2) may only be made 21
after the chief executive has issued a negative notice to the 22
person under section 84(1) and within 28 days after the 23
negative notice is given to the person. 24
(4) The chief executive and police commissioner must be given a 25
copy of the notice of appeal. 26
(5) The tribunal does not have jurisdiction to review a decision of 27
the police commissioner that information about a person is 28
investigative information or that information that is 29
investigative information may be given to the chief executive. 30
24 Section 111 (Chief executive may obtain information from police commissioner) or
112 (Notice of change in police information about a person)
s 109 70 s 110
Disability Services Bill 2005
109 Court to decide matters afresh 1
(1) A Magistrates Court hearing an appeal under section 108 is to 2
decide afresh whether information given to the chief executive 3
as investigative information about a person is investigative 4
information. 5
(2) A person who is the relevant complainant under section 106 6
must not be asked or called on by the investigated person 7
under that section to give evidence in person before the court. 8
(3) Subsection (2) does not prevent documentary evidence being 9
tendered and received in evidence by the court. 10
(4) After hearing an appeal under section 108, the court may 11
confirm or set aside the decision and the clerk of the court is 12
to give the appellant notice of the decision. 13
(5) For subsection (4), the court must have regard to the matters 14
the police commissioner was required to have regard to under 15
this Act when the police commissioner made the decision. 16
110 Consequence of decision on appeal 17
(1) If, on appeal, a Magistrates Court sets aside the police 18
commissioner's decision under section 106 that information 19
given to the chief executive about a person is investigative 20
information, the person may apply under section 9825 to 21
cancel the negative notice issued to the person on the grounds 22
that the decision to issue the negative notice was based on 23
wrong information. 24
(2) If the court confirms the decision appealed against-- 25
(a) the person who appealed the decision may, within 28 26
days after receiving the notice under section 109(4), 27
apply to the tribunal to have reviewed only a decision of 28
the chief executive about whether there is an exceptional 29
case as mentioned in section 82(4) or (7); and 30
(b) the notice under section 109(4) must state that the 31
person may apply to the tribunal to have the decision 32
25 Section 98 (Chief executive may cancel a prescribed notice and substitute another
prescribed notice)
s 111 71 s 111
Disability Services Bill 2005
mentioned in paragraph (a) reviewed and how the 1
person may apply. 2
111 Chief executive may obtain information from police 3
commissioner 4
(1) This section applies to a person if-- 5
(a) the person has a current positive notice; or 6
(b) the chief executive has received an application for a 7
prescribed notice about the person and the application 8
has not been withdrawn and the person has not 9
withdrawn his or her consent to screening under this 10
part; or 11
(c) the person has applied to the chief executive to cancel a 12
negative notice about the person or to cancel a 13
suspension of the person's positive notice under section 14
101. 15
(2) The chief executive may ask the police commissioner for 16
information, or for access to the police commissioner's 17
records, to enable the chief executive to learn what police 18
information exists, if any, in relation to the person. 19
(3) For subsection (2), the chief executive's request may include 20
the following information-- 21
(a) the person's name and any other name that the chief 22
executive believes the person may use or may have used; 23
(b) the person's gender and date and place of birth; 24
(c) if the person is currently the holder of a prescribed 25
notice--any number or date relevant to the prescribed 26
notice or a positive notice card; 27
(d) the status of the relevant application, applicant or 28
prescribed notice, including, for example, by reference 29
to subsection (1). 30
(4) If there is police information about the person, the chief 31
executive may ask the police commissioner for a brief 32
description of the circumstances of a conviction, charge or 33
investigative information mentioned in the police information. 34
s 111 72 s 111
Disability Services Bill 2005
(5) The police commissioner must comply with a request under 1
this section unless the police commissioner is, under 2
subsection (9), told not to provide the information. 3
(6) However, the duty imposed on the police commissioner to 4
comply with a request applies only to information in the 5
police commissioner's possession or to which the police 6
commissioner has access. 7
(7) The police commissioner need not disclose investigative 8
information about the person to the chief executive under this 9
section if the police commissioner is reasonably satisfied that 10
giving the information may do any of the following-- 11
(a) prejudice the investigation of a contravention or possible 12
contravention of the law in a particular case; 13
(b) enable the existence or identity of a confidential source 14
of information, in relation to the enforcement or 15
administration of the law, to be ascertained; 16
(c) endanger a person's life or physical safety; 17
(d) prejudice the effectiveness of a lawful method or 18
procedure for preventing, detecting, investigating or 19
dealing with a contravention or possible contravention 20
of the law. 21
(8) If the police commissioner gives investigative information 22
about the person to the chief executive under this section, the 23
police commissioner must give notice, in the approved form, 24
to the person that-- 25
(a) the police commissioner has decided that information 26
about the person is investigative information; and 27
(b) investigative information has been given to the chief 28
executive. 29
(9) If the chief executive decides that information requested under 30
subsection (2) about the person is no longer required, the chief 31
executive must tell the police commissioner not to provide the 32
information. 33
(10) Information given to the police commissioner under this 34
section must not be accessed or disclosed for any purpose 35
except for a purpose under this part or any other purpose 36
relevant to law enforcement. 37
s 112 73 s 112
Disability Services Bill 2005
(11) Information given to the police commissioner under this 1
section must not be used for any purpose except for a purpose 2
under this part. 3
(12) However, subsections (10) and (11) do not apply to 4
information the police commissioner obtained before the chief 5
executive gave the information to the police commissioner 6
under this section. 7
112 Notice of change in police information about a person 8
(1) This section applies if, for a person in relation to whom either 9
of the following happens, the police commissioner reasonably 10
suspects the person is a person mentioned in section 111(1)(a) 11
to (c)-- 12
(a) the person's criminal history changes; 13
(b) the police commissioner decides, under section 106, that 14
information about the person is investigative 15
information (regardless of when the act or omission 16
relevant to the investigative information happened or is 17
alleged to have happened). 18
(2) The police commissioner may notify the chief executive 19
that-- 20
(a) the person's criminal history has changed; or 21
(b) the police commissioner has decided that information 22
about the person is investigative information. 23
(3) The notice must state the following-- 24
(a) the person's name and any other name that the police 25
commissioner believes the person may use or may have 26
used; 27
(b) the person's gender and date and place of birth; 28
(c) a brief description of the conviction or charge to which 29
the change relates, or of the investigative information. 30
(4) The chief executive may confirm the police commissioner's 31
suspicions under subsection (1). 32
(5) If the person is a person to whom section 92(1) or 93(1) 33
applies, the chief executive, on receiving notice under 34
s 113 74 s 113
Disability Services Bill 2005
subsection (2), may write to the person to inform the person of 1
the person's obligations under sections 92(2) and 93(2).26 2
(6) If the police commissioner gives investigative information to 3
the chief executive under this section, the police 4
commissioner must give notice, in the approved form, to the 5
person that investigative information has been given to the 6
chief executive. 7
(7) For a person who does not have a criminal history, there is 8
taken to be a change in the person's criminal history if the 9
person acquires a criminal history. 10
113 Chief executive to give notice to funded non-government 11
service provider about making screening decision about 12
engaged person 13
(1) This section applies if-- 14
(a) the police commissioner, the holder of a prescribed 15
notice (the engaged person) or another person gives 16
notice to the chief executive that police information 17
about the engaged person has changed; or 18
(b) the chief executive otherwise becomes aware that police 19
information about the engaged person has changed. 20
(2) However, this section does not apply if the change is that the 21
engaged person has been convicted or charged with an 22
excluding offence. 23
(3) If the chief executive considers the change in police 24
information may be relevant to the engagement of a person by 25
a funded non-government service provider, the chief executive 26
must give notice to the service provider-- 27
(a) identifying the engaged person; and 28
(b) stating only that the chief executive is making a 29
screening decision in relation to the engaged person. 30
(4) However, if the change in police information is a change in 31
criminal history, the notice under subsection (3) must state 32
whether or not-- 33
26 Sections 92 (Change in criminal history of engaged person) and 93 (Change in
criminal history of other persons)
s 114 75 s 114
Disability Services Bill 2005
(a) the change in criminal history is a charge or a 1
conviction; and 2
(b) the offence is a serious offence or serious sexual or 3
violent offence. 4
(5) The service provider must not terminate the engaged person's 5
engagement or continued engagement solely or mainly 6
because the service provider is given the notice. 7
114 Withdrawal of engaged person's consent to screening 8
(1) This section applies if the chief executive-- 9
(a) has received an application from a funded 10
non-government service provider for a prescribed notice 11
about a person (the engaged person); and 12
(b) has not yet issued the prescribed notice. 13
(2) The engaged person may give a notice to the chief executive 14
withdrawing the engaged person's consent to screening under 15
this part. 16
(3) The engaged person is taken to have withdrawn his or her 17
consent to screening under this part if-- 18
(a) the chief executive gives the engaged person a notice-- 19
(i) asking the engaged person to provide, within a 20
reasonable stated time, stated information that the 21
chief executive reasonably needs to establish the 22
engaged person's identity; and 23
(ii) warning the engaged person that, if the engaged 24
person does not comply with the request, the chief 25
executive may give the engaged person a notice of 26
deemed withdrawal; and 27
(b) the engaged person does not comply with the request 28
within the stated time; and 29
(c) the chief executive can not establish with certainty the 30
engaged person's identity; and 31
(d) the chief executive gives the engaged person and the 32
service provider a notice of deemed withdrawal relating 33
to the engaged person. 34
s 114 76 s 114
Disability Services Bill 2005
(4) Also, the engaged person is taken to have withdrawn his or 1
her consent to screening under this part if-- 2
(a) the service provider has given the chief executive notice 3
that the person is no longer engaged by the service 4
provider or the chief executive can not obtain 5
information, in writing, from the service provider that 6
the person is engaged by the service provider; and 7
(b) the engaged person has not given notice to the chief 8
executive about the end of the engagement as required 9
under section 81;27 and 10
(c) the chief executive gives the engaged person and the 11
service provider a notice of deemed withdrawal relating 12
to the engaged person. 13
(5) Further, the engaged person is taken to have withdrawn his or 14
her consent to screening under this part if-- 15
(a) the engaged person gives the chief executive, or the 16
chief executive gives the engaged person, notice that the 17
engaged person is charged with an excluding offence; 18
and 19
(b) the chief executive gives the engaged person and the 20
service provider a notice of deemed withdrawal under 21
this subsection relating to the engaged person. 22
(6) If the engaged person withdraws his or her consent to 23
screening under this part before the chief executive issues a 24
prescribed notice about the engaged person-- 25
(a) the chief executive must not issue the prescribed notice; 26
and 27
(b) if the engaged person withdraws consent by giving a 28
notice to the chief executive, the chief executive must 29
give notice of the withdrawal to the service provider. 30
(7) For subsection (4), a service provider may give notice to the 31
chief executive that a stated person-- 32
(a) is engaged, or continues to be engaged, by the service 33
provider; or 34
27 Section 81 (Notice of change of engagement, or name and contact details in
application under s 80)
s 115 77 s 116
Disability Services Bill 2005
(b) is no longer engaged by the service provider. 1
(8) In this section-- 2
notice of deemed withdrawal, relating to the engaged person, 3
means a notice stating that the engaged person is taken to have 4
withdrawn his or her consent to screening under this part. 5
115 Compliance with requirement to end, or not start, a 6
person's engagement 7
(1) This section applies if it would be a contravention of a 8
provision of this part for a funded non-government service 9
provider to engage, or continue to engage, another person (the 10
engaged person) at a service outlet of the service provider. 11
(2) The service provider must comply with the provision despite 12
another Act or law or any industrial award or agreement. 13
(3) The service provider does not incur any liability because, in 14
compliance with the provision, the service provider does not 15
engage, or continue to engage, the engaged person at a service 16
outlet of the service provider. 17
(4) A person whose positive notice is suspended under section 18
10128 may be engaged by the service provider, other than at a 19
service outlet of the service provider, until the charge for the 20
excluding offence is dealt with and the chief executive cancels 21
the suspension and issues a further prescribed notice. 22
116 Guidelines for dealing with information 23
(1) The chief executive must make guidelines, consistent with this 24
Act, for dealing with information obtained by the chief 25
executive under this part. 26
(2) The purpose of the guidelines is to ensure-- 27
(a) natural justice is afforded to the persons about whom the 28
information is obtained; and 29
(b) only relevant information is used in making screening 30
decisions; and 31
28 Section 101 (Effect of charge for excluding offence pending charge being dealt
with)
s 117 78 s 119
Disability Services Bill 2005
(c) screening decisions, based on the information, are made 1
consistently. 2
(3) The chief executive must give a copy of the guidelines to a 3
person on request. 4
117 Use of information obtained under this part about a 5
person 6
The chief executive must not use information obtained under 7
this part about a person, other than for this part. 8
118 Chief executive must give police commissioner a 9
person's current address 10
(1) The chief executive must, on written application of the police 11
commissioner, give the police commissioner information 12
about an address for a person if-- 13
(a) the chief executive has an address for the person that is 14
different to the address stated by the police 15
commissioner in the application; and 16
(b) the police commissioner is, under this part, required to 17
give a notice to the person. 18
(2) Information given to the police commissioner under this 19
section must not be used, disclosed or accessed for any 20
purpose except to give a notice under this part to the person. 21
119 Disqualification order 22
(1) This section applies if-- 23
(a) a person is convicted of an excluding offence; and 24
(b) the court that convicted the person did not impose an 25
imprisonment order for the offence. 26
(2) The court may, on application by the prosecutor or on its own 27
initiative, make an order (disqualification order) in relation to 28
the person stating that the person may never hold a positive 29
notice or be the subject of an application for a prescribed 30
notice. 31
(3) In this section-- 32
s 120 79 s 120
Disability Services Bill 2005
Crown prosecutor includes-- 1
(a) the Attorney-General; and 2
(b) the director of public prosecutions; and 3
(c) another person, other than a police officer, appearing for 4
the State. 5
prosecutor means-- 6
(a) in the context of a proceeding before, or an application 7
to, a Magistrates Court--a police officer or Crown 8
prosecutor; or 9
(b) otherwise--a Crown prosecutor. 10
120 Register of persons engaged by funded non-government 11
entities 12
(1) The chief executive must keep a register with up-to-date 13
information for each engaged person for whom an application 14
for a prescribed notice is made. 15
(2) The register may include the matters decided by the chief 16
executive but must include the following-- 17
(a) the engaged person's name; 18
(b) the name of the funded non-government service 19
provider engaging the person; 20
(c) whether a positive or negative notice was issued; 21
(d) the date of issue of the prescribed notice; 22
(e) if an application for a prescribed notice is taken to have 23
been withdrawn, the date of the withdrawal; 24
(f) if an engaged person applies for a review of a chief 25
executive's decision relating to a prescribed notice, 26
details of the review and its outcome. 27
(3) If a funded non-government service provider proposes to start 28
engaging a person at a service outlet of the service provider, 29
the service provider may apply to the chief executive in the 30
approved form for information contained in the register. 31
s 121 80 s 123
Disability Services Bill 2005
(4) If a funded non-government service provider asks the chief 1
executive for information contained in the register, the chief 2
executive must give the service provider the information. 3
Part 10 Monitoring and enforcement 4
Division 1 Authorised officers 5
121 Powers generally 6
(1) An authorised officer has the powers given under this Act. 7
(2) In exercising the powers an authorised officer is subject to the 8
directions of the chief executive. 9
122 Appointment 10
(1) The chief executive may appoint any of the following persons 11
as an authorised officer-- 12
(a) a public service employee; 13
(b) for the purpose of investigating a particular matter, 14
another person. 15
(2) A person may be appointed for the Act generally or for stated 16
provisions of the Act. 17
123 Qualifications for appointment 18
The chief executive may appoint a person as an authorised 19
officer only if-- 20
(a) the chief executive is satisfied the person is qualified for 21
appointment because the person has the necessary 22
expertise or experience; and 23
(b) the person has the competencies, if any, prescribed 24
under a regulation as relevant to the person's 25
appointment. 26
s 124 81 s 126
Disability Services Bill 2005
124 Appointment conditions and limit on powers 1
(1) An authorised officer holds office on the conditions stated 2
in-- 3
(a) the authorised officer's instrument of appointment; or 4
(b) a signed notice given to the authorised officer; or 5
(c) a regulation. 6
(2) The instrument of appointment, a signed notice given to an 7
authorised officer or a regulation may limit the authorised 8
officer's powers under this Act. 9
(3) In this section-- 10
signed notice means a notice signed by the chief executive. 11
125 Issue of identity card 12
(1) The chief executive must issue an identity card to each 13
authorised officer. 14
(2) The identity card must-- 15
(a) contain a recent photo of the authorised officer; and 16
(b) contain a copy of the authorised officer's signature; and 17
(c) identify the person as an authorised officer under this 18
Act; and 19
(d) state an expiry date for the card. 20
(3) This section does not prevent the issue of a single identity 21
card to a person for this Act and other purposes. 22
126 Production or display of identity card 23
(1) In exercising a power under this Act in relation to another 24
person, an authorised officer must-- 25
(a) produce the authorised officer's identity card for the 26
other person's inspection before exercising the power; 27
or 28
(b) have the identity card displayed so it is clearly visible to 29
the other person when exercising the power. 30
s 127 82 s 129
Disability Services Bill 2005
(2) However, if it is not practicable to comply with subsection (1), 1
the authorised officer must produce the identity card for the 2
other person's inspection at the first reasonable opportunity. 3
(3) For subsection (1), an authorised officer does not exercise a 4
power in relation to another person only because the 5
authorised officer has entered a place as mentioned in section 6
130(1)(b) or (2). 7
127 When authorised officer ceases to hold office 8
(1) An authorised officer ceases to hold office if any of the 9
following happens-- 10
(a) the term of office stated in a condition of office ends; 11
(b) under another condition of office, the authorised officer 12
ceases to hold office; 13
(c) the authorised officer's resignation under section 128 14
takes effect. 15
(2) Subsection (1) does not limit the ways an authorised officer 16
may cease to hold office. 17
(3) In this section-- 18
condition of office means a condition on which the authorised 19
officer holds office. 20
128 Resignation 21
An authorised officer may resign by signed notice given to the 22
chief executive. 23
129 Return of identity card 24
A person who ceases to be an authorised officer must return 25
the person's identity card to the chief executive within 21 days 26
after ceasing to be an authorised officer unless the person has 27
a reasonable excuse. 28
Maximum penalty--20 penalty units. 29
s 130 83 s 131
Disability Services Bill 2005
Division 2 Powers of authorised officers 1
Subdivision 1 Entry of places 2
130 Power to enter places 3
(1) An authorised officer may enter a place if-- 4
(a) its occupier consents to the entry; or 5
(b) it is a public place and the entry is made when it is open 6
to the public; or 7
(c) the entry is authorised by a warrant; or 8
(d) it is a place where a funded non-government service 9
provider provides disability services and the entry is 10
authorised under section 131. 11
(2) For the purpose of asking the occupier of a place for consent 12
to enter, an authorised officer may, without the occupier's 13
consent or a warrant-- 14
(a) enter land around premises at the place to an extent that 15
is reasonable to contact the occupier; or 16
(b) enter part of the place the officer reasonably considers 17
members of the public ordinarily are allowed to enter 18
when they wish to contact the occupier. 19
131 Power to enter place where funded non-government 20
service provider provides disability services 21
(1) This section applies to the entry of a place where a funded 22
non-government service provider provides disability services. 23
(2) If the place is not a home, the authorised officer may enter the 24
place if it is open for carrying on business or otherwise open 25
for entry. 26
(3) Also, the authorised officer may enter the place with 27
necessary and reasonable help and force, whether or not the 28
place is a home-- 29
(a) if the authorised officer reasonably suspects-- 30
s 132 84 s 132
Disability Services Bill 2005
(i) there is an immediate risk of harm to a person with 1
a disability at the place because of abuse, neglect 2
or exploitation; or 3
(ii) there is an imminent risk that evidence at the place, 4
of a misuse of funds provided to the service 5
provider under part 6, will be destroyed or 6
removed; or 7
(b) to check whether the service provider has taken the steps 8
required under a compliance notice. 9
(4) The authorised officer must comply with section 13829 before 10
entering, when entering and after entering a home. 11
Subdivision 2 Procedure for entry 12
132 Entry with consent 13
(1) This section applies if an authorised officer intends to ask an 14
occupier of a place to consent to the officer or another 15
authorised officer entering the place under section 130(1)(a). 16
(2) Before asking for the consent, the authorised officer must tell 17
the occupier-- 18
(a) the purpose of the entry; and 19
(b) that the occupier is not required to consent. 20
(3) If the consent is given, the authorised officer may ask the 21
occupier to sign an acknowledgment of the consent. 22
(4) The acknowledgment must state-- 23
(a) that the occupier has been told-- 24
(i) the purpose of the entry; and 25
(ii) that the occupier is not required to consent; and 26
(b) the purpose of the entry; and 27
29 Section 138 (Entering a home and preserving privacy)
s 133 85 s 134
Disability Services Bill 2005
(c) that the occupier gives the authorised officer consent to 1
enter the place and exercise the powers under this part; 2
and 3
(d) the time and date the consent was given. 4
(5) If the occupier signs the acknowledgment, the authorised 5
officer must immediately give a copy to the occupier. 6
(6) If-- 7
(a) an issue arises in a proceeding about whether the 8
occupier consented to the entry; and 9
(b) an acknowledgment complying with subsection (4) for 10
the entry is not produced in evidence; 11
the onus of proof is on the person relying on the lawfulness of 12
the entry to prove the occupier consented. 13
133 Application for warrant 14
(1) An authorised officer may apply to a magistrate for a warrant 15
for a place. 16
(2) The authorised officer must prepare a written application that 17
states the grounds on which the warrant is sought. 18
(3) The written application must be sworn. 19
(4) The magistrate may refuse to consider the application until the 20
authorised officer gives the magistrate all the information the 21
magistrate requires about the application in the way the 22
magistrate requires. 23
24
Example--
25
The magistrate may require additional information supporting the
26
application to be given by statutory declaration.
134 Issue of warrant 27
(1) The magistrate may issue a warrant for the place only if the 28
magistrate is satisfied there are reasonable grounds for 29
suspecting-- 30
(a) there is a particular thing or activity (the evidence) that 31
may provide evidence of an offence against this Act and 32
s 134 86 s 134
Disability Services Bill 2005
the evidence is at the place or, within the next 7 days, 1
will be at the place; or 2
(b) that it is necessary to enter the place-- 3
(i) to protect a person with a disability at the place 4
from risk of harm because of abuse, neglect or 5
exploitation; or 6
(ii) to investigate the suspected misuse of funds 7
provided to the service provider under part 6; or 8
(iii) to check whether the service provider has taken the 9
steps required under a compliance notice. 10
(2) The warrant must state-- 11
(a) the place to which the warrant applies; and 12
(b) that a stated authorised officer may, with necessary and 13
reasonable help and force-- 14
(i) enter the place and any other place necessary for 15
the entry; and 16
(ii) exercise the officer's powers under this part; and 17
(c) if subsection (1)(a) applies, particulars of the offence 18
that the magistrate considers appropriate in the 19
circumstances; and 20
(d) if subsection (1)(b) applies, particulars of the reason it is 21
necessary to enter the place that the magistrate considers 22
appropriate in the circumstances; and 23
(e) if subsection (1)(a) applies, the name of the person 24
suspected of having committed the offence, unless the 25
name is unknown or the magistrate considers it 26
inappropriate to state the name; and 27
(f) if subsection (1)(a) applies, the evidence that may be 28
seized under the warrant; and 29
s 135 87 s 135
Disability Services Bill 2005
(g) the hours of the day or night when the place may be 1
entered; and 2
(h) the magistrate's name; and 3
(i) the date and time of the warrant's issue; and 4
(j) the date, within 14 days after the warrant's issue, the 5
warrant ends. 6
135 Application by electronic communication and duplicate 7
warrant 8
(1) An application under section 133 may be made by phone, fax, 9
email, radio, videoconferencing or another form of electronic 10
communication if the authorised officer reasonably considers 11
it necessary because of-- 12
(a) urgent circumstances; or 13
(b) other special circumstances, including, for example, the 14
authorised officer's remote location. 15
(2) The application-- 16
(a) may not be made before the authorised officer prepares 17
the written application under section 133(2); but 18
(b) may be made before the written application is sworn. 19
(3) The magistrate may issue the warrant (the original warrant) 20
only if the magistrate is satisfied-- 21
(a) it was necessary to make the application under 22
subsection (1); and 23
(b) the way the application was made under subsection (1) 24
was appropriate. 25
(4) After the magistrate issues the original warrant-- 26
(a) if there is a reasonably practicable way of immediately 27
giving a copy of the warrant to the authorised officer, for 28
example, by sending a copy by fax or email, the 29
magistrate must immediately give a copy of the warrant 30
to the authorised officer; or 31
(b) otherwise-- 32
s 135 88 s 135
Disability Services Bill 2005
(i) the magistrate must tell the authorised officer the 1
date and time the warrant is issued and the other 2
terms of the warrant; and 3
(ii) the authorised officer must complete a form of 4
warrant, including by writing on it-- 5
(A) the magistrate's name; and 6
(B) the date and time the magistrate issued the 7
warrant; and 8
(C) the other terms of the warrant. 9
(5) The copy of the warrant mentioned in subsection (4)(a), or the 10
form of warrant completed under subsection (4)(b) (in either 11
case the duplicate warrant), is a duplicate of, and as effectual 12
as, the original warrant. 13
(6) The authorised officer must, at the first reasonable 14
opportunity, send to the magistrate-- 15
(a) the written application complying with section 133(2) 16
and (3); and 17
(b) if the authorised officer completed a form of warrant 18
under subsection (4)(b)--the completed form of 19
warrant. 20
(7) The magistrate must keep the original warrant and, on 21
receiving the documents under subsection (6)-- 22
(a) attach the documents to the original warrant; and 23
(b) give the original warrant and documents to the clerk of 24
the court of the relevant magistrates court. 25
(8) Despite subsection (5), if-- 26
(a) an issue arises in a proceeding about whether an 27
exercise of a power was authorised by a warrant issued 28
under this section; and 29
(b) the original warrant is not produced in evidence; 30
the onus of proof is on the person relying on the lawfulness of 31
the exercise of the power to prove a warrant authorised the 32
exercise of the power. 33
(9) This section does not limit section 133. 34
s 136 89 s 137
Disability Services Bill 2005
(10) In this section-- 1
relevant magistrates court, in relation to a magistrate, means 2
the Magistrates Court that the magistrate constitutes under the 3
Magistrates Act 1991. 4
136 Defect in relation to a warrant 5
(1) A warrant is not invalidated by a defect in the warrant, or in 6
compliance with section 133, 134 or 135, unless the defect 7
affects the substance of the warrant in a material particular. 8
(2) In this section-- 9
warrant includes a duplicate warrant mentioned in section 10
135(5). 11
137 Warrants--procedure before entry 12
(1) This section applies if an authorised officer named in a 13
warrant issued under this part for a place is intending to enter 14
the place under the warrant. 15
(2) Before entering the place, the authorised officer must do or 16
make a reasonable attempt to do the following things-- 17
(a) identify himself or herself to a person present at the 18
place who is an occupier of the place by producing a 19
copy of the authorised officer's identity card or other 20
document evidencing the appointment; 21
(b) give the person a copy of the warrant; 22
(c) tell the person the authorised officer is permitted by the 23
warrant to enter the place; 24
(d) give the person an opportunity to allow the authorised 25
officer immediate entry to the place without using force. 26
(3) However, the authorised officer need not comply with 27
subsection (2) if the authorised officer believes on reasonable 28
grounds that immediate entry to the place is required to ensure 29
the effective execution of the warrant is not frustrated. 30
(4) In this section-- 31
warrant includes a duplicate warrant mentioned in section 32
135(5). 33
s 138 90 s 139
Disability Services Bill 2005
138 Entering a home and preserving privacy 1
(1) Before entering a home under section 131, an authorised 2
officer must do or make a reasonable attempt to do the 3
following things-- 4
(a) comply with section 126;30 5
(b) tell an occupier of the home that the officer is permitted 6
to enter the home; 7
(c) give the occupier an opportunity to allow the officer 8
immediate entry to the home without using force. 9
(2) When entering and after entering a home, or exercising a 10
power or performing a function in a home, an authorised 11
officer must, as far as practicable-- 12
(a) preserve the privacy and dignity of anyone living at the 13
home; and 14
(b) minimise the impact on occupiers of the home who are 15
people with a disability. 16
(3) Subsection (2) applies to entry to a home under this division 17
with consent or without consent. 18
Subdivision 3 Powers after entry 19
139 General powers after entering a place 20
(1) This section applies to an authorised officer who enters a 21
place. 22
(2) However, if an authorised officer enters a place to get the 23
occupier's consent to enter the place, this section applies to 24
the officer only if the consent is given or the entry is otherwise 25
authorised. 26
(3) For monitoring or enforcing compliance with this Act, the 27
authorised officer may do any of the following-- 28
(a) search any part of the place; 29
30 Section 126 (Production or display of identity card)
s 140 91 s 140
Disability Services Bill 2005
(b) inspect, measure, test, photograph or film any part of the 1
place or anything at the place; 2
(c) take a thing, or a sample of or from a thing, at the place 3
for analysis or testing; 4
(d) copy a document at the place or take the document to 5
another place to copy it; 6
(e) take into or onto the place any person, equipment and 7
materials the officer reasonably requires for the exercise 8
of a power under this part; 9
(f) confer alone with a consumer or person engaged by a 10
funded non-government service provider; 11
(g) require a person at the place to give the authorised 12
officer reasonable help to exercise the authorised 13
officer's powers under paragraphs (a) to (f); 14
(h) require a person at the place to answer questions by the 15
authorised officer to help the authorised officer ascertain 16
whether this Act is being or has been complied with. 17
(4) When making a requirement mentioned in subsection (3)(g) 18
or (h), the authorised officer must warn the person it is an 19
offence to fail to comply with the requirement, unless the 20
person has a reasonable excuse. 21
(5) If an authorised officer takes a document from a place to copy 22
it, the document must be copied as soon as practicable and 23
returned to the place. 24
140 Failure to help authorised officer 25
A person required to give reasonable help under section 26
139(3)(g) must comply with the requirement, unless the 27
person has a reasonable excuse. 28
Maximum penalty--50 penalty units. 29
s 141 92 s 143
Disability Services Bill 2005
141 Failure to answer questions 1
(1) A person of whom a requirement is made under section 2
139(3)(h) must comply with the requirement, unless the 3
person has a reasonable excuse.31 4
Maximum penalty--50 penalty units. 5
(2) It is a reasonable excuse for the person to fail to comply with 6
the requirement that complying with the requirement might 7
tend to incriminate the person. 8
Subdivision 4 Power to seize evidence 9
142 Seizing evidence after entry without consent or warrant 10
An authorised officer who lawfully enters a place under this 11
part without the occupier's consent and without a warrant, 12
may seize a thing at the place if the authorised officer 13
reasonably believes the thing is evidence of an offence against 14
this Act. 15
143 Seizing evidence after entry with consent or warrant 16
(1) This section applies if an authorised officer-- 17
(a) is authorised to enter a place under this part with the 18
consent of the occupier or a warrant; and 19
(b) enters the place after obtaining the necessary consent or 20
warrant. 21
(2) If the authorised officer enters the place with the occupier's 22
consent, the officer may seize a thing at the place if-- 23
(a) the officer reasonably believes the thing is evidence of 24
an offence against this Act; and 25
(b) seizure of the thing is consistent with the purpose of 26
entry as told to the occupier when asking for the 27
occupier's consent. 28
31 Also, a person must not state anything the person knows to be false or misleading in
a material particular--see section 161 (False or misleading statements).
s 144 93 s 145
Disability Services Bill 2005
(3) If the authorised officer enters the place with a warrant, the 1
officer may seize the evidence for which the warrant was 2
issued. 3
(4) The authorised officer may seize anything else at the place if 4
the officer reasonably believes-- 5
(a) the thing is evidence of an offence against this Act; and 6
(b) the seizure is necessary to prevent the thing being 7
hidden, lost, destroyed or used to continue or repeat the 8
offence. 9
(5) Also, the authorised officer may seize a thing at the place if 10
the officer reasonably believes it has just been used in 11
committing an offence against this Act. 12
Subdivision 5 Dealing with seized things 13
144 Definition for sdiv 5 14
In this subdivision-- 15
owner, of a seized thing, includes the person entitled to 16
possession of it. 17
145 Securing a seized thing 18
(1) This section applies if an authorised officer seizes a thing 19
under section 142 or 143. 20
(2) Having seized the thing, the authorised officer may-- 21
(a) move the thing from the place where it was seized (the 22
place of seizure); or 23
(b) leave the thing at the place of seizure, but take 24
reasonable action to restrict access to it. 25
26
Examples of restricting access to a thing--
27
1 sealing a thing and marking it to show access to it is
28
restricted
29
2 sealing the entrance to a room where the thing is situated
30
and marking it to show access to it is restricted
s 146 94 s 147
Disability Services Bill 2005
146 Tampering with a seized thing 1
(1) If an authorised officer restricts access to a seized thing under 2
section 145, a person must not tamper with the thing, or 3
something restricting access to the thing, without an 4
authorised officer's approval. 5
Maximum penalty--100 penalty units. 6
(2) In this section-- 7
tamper includes attempt to tamper. 8
147 Powers to support seizure 9
(1) To enable a thing to be seized, an authorised officer may 10
require the person in control of it-- 11
(a) to take it to a stated reasonable place by a stated 12
reasonable time; and 13
(b) if necessary, to remain in control of it at the stated place 14
for a reasonable time. 15
(2) The requirement-- 16
(a) must be made by notice; or 17
(b) if for any reason it is not practicable to give the notice, 18
may be made orally and confirmed by notice as soon as 19
practicable. 20
(3) A further requirement may be made under this section about 21
the same thing if it is necessary and reasonable to make the 22
further requirement. 23
(4) A person of whom the requirement is made under subsection 24
(1) or (3) must comply with the requirement, unless the 25
person has a reasonable excuse. 26
Maximum penalty--100 penalty units. 27
(5) Subject to section 160,32 the cost of complying with 28
subsection (4) must be borne by the person. 29
32 Section 160 (Compensation)
s 148 95 s 150
Disability Services Bill 2005
148 Authorised officer may require thing's return 1
(1) If an authorised officer has required a person to take a thing to 2
a stated place by a stated reasonable time under section 147, 3
the authorised officer may require the person to return the 4
thing to the place from which it was taken. 5
(2) A person of whom the requirement is made under subsection 6
(1) must comply with the requirement, unless the person has a 7
reasonable excuse. 8
Maximum penalty--100 penalty units. 9
(3) Subject to section 160, the cost of complying with subsection 10
(1) must be borne by the person. 11
149 Receipts for seized thing 12
(1) As soon as practicable after seizing a thing, an authorised 13
officer must give a receipt for it to the person from whom it 14
was seized. 15
(2) However, if for any reason it is not practicable to comply with 16
subsection (1), the authorised officer must leave the receipt at 17
the place of seizure in a conspicuous position and in a 18
reasonably secure way. 19
(3) The receipt must describe generally each thing seized and its 20
condition. 21
(4) This section does not apply to a thing if it is impracticable, or 22
would be unreasonable, to give the receipt, having regard to 23
the thing's nature, condition and value. 24
150 Forfeiture of seized thing 25
(1) A seized thing is forfeited to the State if an authorised 26
officer-- 27
(a) can not find its owner, after making reasonable 28
inquiries; or 29
(b) can not return it to its owner, after making reasonable 30
efforts. 31
(2) In applying subsection (1)-- 32
s 151 96 s 151
Disability Services Bill 2005
(a) subsection (1)(a) does not require the authorised officer 1
to make inquiries if it would be unreasonable to make 2
inquiries to find the owner; and 3
(b) subsection (1)(b) does not require the authorised officer 4
to make efforts if it would be unreasonable to make 5
efforts to return the thing to its owner. 6
(3) Regard must be had to a thing's nature, condition and value in 7
deciding-- 8
(a) whether it is reasonable to make inquiries or efforts; and 9
(b) if making inquiries or efforts, what inquiries or efforts, 10
including the period over which they are made, are 11
reasonable. 12
(4) On the forfeiture of a thing to the State, the thing becomes the 13
State's property and may be dealt with by the chief executive 14
as the chief executive considers appropriate. 15
(5) Without limiting subsection (4), the chief executive may 16
destroy or dispose of the thing. 17
151 Return of seized thing 18
(1) If a seized thing is not forfeited, the authorised officer must 19
return it to its owner-- 20
(a) at the end of 6 months; or 21
(b) if a proceeding for an offence involving the thing is 22
started within 6 months--at the end of the proceeding 23
and any appeal from the proceeding. 24
(2) Despite subsection (1), unless the thing is forfeited, the 25
authorised officer must immediately return it to its owner if 26
the officer stops being satisfied-- 27
(a) its continued retention as evidence is necessary; or 28
(b) its continued retention is necessary to prevent the thing 29
being used to continue, or repeat, the offence. 30
s 152 97 s 154
Disability Services Bill 2005
152 Access to seized thing 1
(1) Until a seized thing is forfeited or returned, an authorised 2
officer must allow its owner to inspect it and, if it is a 3
document, to copy it. 4
(2) Subsection (1) does not apply if it is impracticable, or would 5
be unreasonable, to allow the inspection or copying. 6
Subdivision 6 Power to obtain information 7
153 Power to require name and address 8
(1) This section applies if-- 9
(a) an authorised officer finds a person committing an 10
offence against this Act; or 11
(b) an authorised officer finds a person in circumstances 12
that lead, or has information that leads, the authorised 13
officer reasonably to suspect the person is committing, 14
or has just committed, an offence against this Act. 15
(2) The authorised officer may require the person to state the 16
person's name and residential address. 17
(3) When making the requirement, the authorised officer must 18
warn the person it is an offence to fail to state the person's 19
name or residential address, unless the person has a 20
reasonable excuse. 21
(4) The authorised officer may require the person to give the 22
authorised officer evidence of the correctness of the stated 23
name or residential address if the authorised officer 24
reasonably suspects the stated name or address to be false. 25
(5) A requirement under subsection (2) or (4) is a personal details 26
requirement. 27
154 Failure to give name or address 28
(1) A person of whom a personal details requirement is made 29
must comply with the requirement, unless the person has a 30
reasonable excuse. 31
Maximum penalty--50 penalty units. 32
s 155 98 s 156
Disability Services Bill 2005
(2) A person does not commit an offence against subsection (1) 1
if-- 2
(a) the person was required to state the person's name and 3
residential address by an authorised officer who 4
suspected the person had committed an offence against 5
this Act; and 6
(b) the person is not proved to have committed the offence. 7
155 Power to require production of documents 8
(1) An authorised officer may require a person to make available 9
for inspection by the authorised officer, or produce to the 10
authorised officer for inspection, at a reasonable time and 11
place nominated by the authorised officer-- 12
(a) a document issued to the person under this Act; or 13
(b) a document required to be kept by the person under this 14
Act. 15
(2) The authorised officer may keep the document to copy it. 16
(3) If the authorised officer copies the document, or an entry in 17
the document, the authorised officer may require the person 18
responsible for keeping the document to certify the copy as a 19
true copy of the document or entry. 20
(4) The authorised officer must return the document to the person 21
as soon as practicable after copying it. 22
(5) However, if a requirement (a document certification 23
requirement) is made of a person under subsection (3), the 24
authorised officer may keep the document until the person 25
complies with the requirement. 26
(6) A requirement under subsection (1) is a document production 27
requirement. 28
156 Failure to produce document 29
(1) A person of whom a document production requirement is 30
made must comply with the requirement, unless the person 31
has a reasonable excuse. 32
Maximum penalty--50 penalty units. 33
s 157 99 s 158
Disability Services Bill 2005
(2) It is not a reasonable excuse for a person not to comply with a 1
document production requirement that complying with the 2
requirement might tend to incriminate the person. 3
157 Failure to certify copy of document 4
A person of whom a document certification requirement is 5
made must comply with the requirement, unless the person 6
has a reasonable excuse. 7
Maximum penalty--50 penalty units. 8
Subdivision 7 Other compliance matters 9
158 Compliance notice 10
(1) This section applies if the chief executive reasonably believes 11
a funded non-government service provider-- 12
(a) is contravening a provision of this Act; or 13
(b) has contravened a provision of this Act in circumstances 14
that make it likely the contravention will continue or be 15
repeated. 16
(2) This section applies to a funded non-government service 17
provider even if the service provider's funding has been 18
suspended under the relevant funding agreement. 19
(3) The chief executive may give the service provider a notice (a 20
compliance notice) requiring the service provider to remedy 21
the contravention. 22
(4) The compliance notice must state the following-- 23
(a) that the chief executive reasonably believes the service 24
provider-- 25
(i) is contravening a provision of this Act; or 26
(ii) has contravened a provision of this Act in 27
circumstances that make it likely the contravention 28
will continue or be repeated; 29
(b) the provision the chief executive believes is being, or 30
has been, contravened (the relevant provision); 31
s 158 100 s 158
Disability Services Bill 2005
(c) briefly, how it is believed the relevant provision is being, 1
or has been, contravened; 2
(d) that the service provider must remedy the contravention 3
within a stated reasonable time; 4
(e) that it is an offence to fail to comply with the 5
compliance notice unless the service provider has a 6
reasonable excuse. 7
(5) The compliance notice may also state-- 8
(a) the steps that the chief executive is satisfied are 9
necessary to remedy the contravention, or avoid further 10
contravention, of the relevant provision; and 11
(b) that the service provider must report to the chief 12
executive after taking a step or steps. 13
(6) The service provider must comply with the compliance notice 14
unless the service provider has a reasonable excuse. 15
Maximum penalty-- 16
(a) if it is an offence to contravene the relevant 17
provision--the maximum penalty for contravening that 18
provision; or 19
(b) otherwise-- 20
(i) for an individual guilty under chapter 2 of the 21
Criminal Code of an offence or for section 22
20333--20 penalty units; or 23
(ii) for a funded non-government service 24
provider--100 penalty units. 25
(7) If it is an offence to contravene the relevant provision, the 26
service provider can not be prosecuted for that offence unless 27
it fails to comply with the compliance notice and does not 28
have a reasonable excuse for the noncompliance. 29
(8) If the service provider contravenes subsection (6), the chief 30
executive may, by notice given to the service provider, 31
suspend or cancel funding to the service provider despite 32
anything in a funding agreement with the service provider. 33
33 Section 203 (Executive officers must ensure corporation complies with Act)
s 159 101 s 160
Disability Services Bill 2005
(9) This section does not limit-- 1
(a) a remedy available to the chief executive under a 2
funding agreement; or 3
(b) the chief executive's powers apart from this section. 4
Division 3 General enforcement matters 5
159 Notice of damage 6
(1) This section applies if-- 7
(a) an authorised officer damages property when exercising 8
or purporting to exercise a power; or 9
(b) a person (the other person) acting under the direction or 10
authority of an authorised officer damages property. 11
(2) The authorised officer must immediately give notice of 12
particulars of the damage to a person who appears to the 13
authorised officer to be an owner of the property. 14
(3) If the authorised officer believes the damage was caused by a 15
latent defect in the property or circumstances beyond the 16
authorised officer's or other person's control, the authorised 17
officer may state the belief in the notice. 18
(4) If, for any reason, it is impracticable to comply with 19
subsection (2), the authorised officer must leave the notice in a 20
conspicuous position and in a reasonably secure way where 21
the damage happened. 22
(5) This section does not apply to damage the authorised officer 23
reasonably believes is trivial. 24
(6) In this section-- 25
owner, of property, includes a person in possession or control 26
of it. 27
160 Compensation 28
(1) If a person incurs loss or expense because of the exercise or 29
purported exercise of a power under this part, other than 30
s 161 102 s 162
Disability Services Bill 2005
section 158, the person may claim compensation from the 1
chief executive. 2
(2) Without limiting subsection (1), compensation may be 3
claimed for loss or expense incurred in complying with a 4
requirement made of the person under this part. 5
(3) Compensation may be claimed and ordered to be paid in a 6
proceeding-- 7
(a) brought in a court with jurisdiction for the recovery of 8
the amount of compensation claimed; or 9
(b) for an offence against this Act brought against the 10
person claiming compensation. 11
(4) A court may order compensation to be paid only if it is 12
satisfied it is just to make the order in the circumstances of the 13
particular case. 14
161 False or misleading statements 15
A person must not state anything to an authorised officer that 16
the person knows is false or misleading in a material 17
particular. 18
Maximum penalty--100 penalty units. 19
162 False or misleading documents 20
(1) A person must not give an authorised officer a document 21
containing information that the person knows is false or 22
misleading in a material particular. 23
Maximum penalty--100 penalty units. 24
(2) Subsection (1) does not apply to a person if the person, when 25
giving the document-- 26
(a) tells the authorised officer, to the best of the person's 27
ability, how it is false or misleading; and 28
(b) if the person has, or can reasonably obtain, the correct 29
information--gives the correct information. 30
s 163 103 s 165
Disability Services Bill 2005
163 Obstructing an authorised officer 1
(1) A person must not obstruct an authorised officer in the 2
exercise of a power, unless the person has a reasonable 3
excuse. 4
Maximum penalty--100 penalty units. 5
(2) If a person has obstructed an authorised officer and the officer 6
decides to proceed with the exercise of the power, the officer 7
must warn the person that-- 8
(a) it is an offence to obstruct the officer, unless the person 9
has a reasonable excuse; and 10
(b) the officer considers the person's conduct an 11
obstruction. 12
164 Impersonation of an authorised officer 13
A person must not pretend to be an authorised officer. 14
Maximum penalty--100 penalty units. 15
165 Chief executive may advise people with a disability and 16
others of action taken in relation to funded 17
non-government service providers 18
(1) This section applies if the chief executive gives a compliance 19
notice to a funded non-government service provider. 20
(2) The chief executive may advise any of the following about the 21
compliance notice including particulars of the contents of the 22
notice-- 23
(a) a consumer of the service provider; 24
(b) the consumer's family or carer; 25
(c) the chief executive of the department in which the 26
Guardianship and Administration Act 2000 is 27
administered; 28
(d) the adult guardian; 29
(e) the Commissioner for Children and Young People and 30
Child Guardian; 31
s 166 104 s 167
Disability Services Bill 2005
(f) the chief executive of the department in which the Child 1
Protection Act 1999 is administered; 2
(g) the chief executive of the department in which the 3
Health Services Act 1991 is administered; 4
(h) another person the chief executive considers should be 5
advised because of the person's relationship with the 6
consumer. 7
Part 11 Appointment of interim 8
manager 9
Division 1 Appointment 10
166 Appointment 11
(1) The chief executive may appoint a person as interim manager 12
for a funded non-government service provider receiving 13
recurrent funding. 14
(2) The appointment may apply to all service outlets of the 15
service provider or to stated service outlets only. 16
167 Basis for appointment 17
(1) The chief executive may make the appointment only if the 18
chief executive is satisfied the appointment is reasonably 19
necessary to-- 20
(a) protect consumers of the funded non-government 21
service provider from abuse, neglect or exploitation; or 22
(b) ensure the proper and efficient use of funds under the 23
funding agreement with the service provider. 24
(2) In deciding whether the appointment is reasonably necessary, 25
the chief executive may have regard to all of the following 26
matters-- 27
s 168 105 s 168
Disability Services Bill 2005
(a) whether it appears there has been abuse, neglect or 1
exploitation of consumers of the service provider; 2
(b) the type of disability services provided to consumers by 3
the service provider; 4
(c) the amount of funding given by the chief executive to 5
the service provider; 6
(d) whether the chief executive has suspended or cancelled 7
funding to the service provider or is likely to suspend or 8
cancel funding; 9
(e) whether it appears the service provider is-- 10
(i) unwilling or unable to provide disability services; 11
or 12
(ii) providing disability services in a way that does not 13
comply with the funding agreement with the 14
service provider; 15
(f) the likely consequences for consumers of the service 16
provider if disability services are not provided or not 17
provided in a way that complies with the funding 18
agreement with the service provider; 19
(g) the likely consequences of the appointment, of which 20
the chief executive is aware, for the service provider and 21
anyone else likely to be affected; 22
(h) any other relevant matter of which the chief executive is 23
aware. 24
(3) Before making the appointment the chief executive-- 25
(a) must consider whether it would be more appropriate to 26
take action other than the appointment, or not to take 27
any action; and 28
(b) may consult with the service provider, the consumers of 29
the service provider and their families and carers. 30
168 Suitability of proposed appointee 31
(1) The chief executive may make the appointment only if the 32
chief executive is satisfied the proposed appointee is suitable 33
for the appointment under this section. 34
s 169 106 s 169
Disability Services Bill 2005
(2) In deciding whether a person is suitable for the appointment, 1
the chief executive must have regard to the following 2
matters-- 3
(a) the type of disability services provided by the funded 4
non-government service provider; 5
(b) the reason for the appointment; 6
(c) the person's expertise or experience relevant to the 7
appointment; 8
(d) any conflict of interest that may arise in the course of the 9
person acting as interim manager; 10
(e) any other relevant matter of which the chief executive is 11
aware. 12
(3) A person who has agreed to a proposed appointment must 13
advise the chief executive, before the appointment is made, 14
whether the person is aware of a conflict of interest that may 15
arise in the course of the person acting as interim manager. 16
Maximum penalty--40 penalty units. 17
(4) Only an adult may be appointed as interim manager. 18
169 Terms of appointment 19
An appointment of a person as interim manager of a funded 20
non-government service provider must state the following 21
matters-- 22
(a) the person's name; 23
(b) details of the service provider; 24
(c) the service outlets to which the appointment applies; 25
(d) the disability services to be provided; 26
(e) the way in which, or the extent to which, the disability 27
services are to be provided; 28
(f) details of the person's function as interim manager; 29
(g) any limitations on the person's powers as interim 30
manager; 31
(h) the period of the appointment; 32
s 170 107 s 173
Disability Services Bill 2005
(i) any conditions of the appointment; 1
(j) anything else the chief executive considers appropriate. 2
170 Notice to funded non-government service provider about 3
appointment 4
Immediately after appointing a person as interim manager of a 5
funded non-government service provider, the chief executive 6
must give a copy of the appointment to the service provider. 7
171 Informing consumers about appointment 8
Before an interim manager exercises a power under this part, 9
the chief executive must ensure the consumers of the funded 10
non-government service provider are informed of the 11
appointment, for example, by-- 12
(a) giving a notice of the appointment to the consumers of 13
the service provider and to consumers' families, carers, 14
guardians or administrators; or 15
(b) posting a notice of the appointment at a place at the 16
premises of the service provider where it is likely to be 17
seen by consumers of the service provider; or 18
(c) directing the interim manager to inform the consumers 19
of the service provider about the appointment in an 20
appropriate way. 21
172 Initial period of appointment 22
An interim manager may be appointed for a period of not 23
more than 3 months. 24
173 Variation of appointment 25
(1) After an interim manager starts to carry out the manager's 26
function, the chief executive may, by notice-- 27
(a) extend the period of the appointment; or 28
(b) vary the appointment in another way. 29
s 174 108 s 174
Disability Services Bill 2005
(2) The chief executive may extend the period of the appointment 1
if the chief executive is satisfied the extension is reasonably 2
necessary in all the circumstances. 3
(3) The period of the appointment may be extended more than 4
once. 5
(4) However-- 6
(a) the period of an extension must not be more than 3 7
months; and 8
(b) the total period of the initial appointment and any 9
extension or extensions must not be more than 6 10
months. 11
(5) The chief executive may vary the appointment in a way other 12
than by extending the period of the appointment if the chief 13
executive is satisfied the variation is appropriate, having 14
regard to-- 15
(a) the matters stated in section 167; and 16
(b) the operation of the funded non-government service 17
provider since the appointment started. 18
(6) If the appointment is varied under this section, the chief 19
executive must ensure notice of the variation is given-- 20
(a) to the service provider; and 21
(b) if the interim manager exercises a power under this part 22
in relation to a consumer of the service provider--to the 23
consumer. 24
(7) The notice under subsection (6)(b) must be given to the 25
consumer at or before the time the manager exercises the 26
power. 27
174 Ending of appointment 28
(1) The chief executive may, by notice, end an interim manager's 29
appointment at any time before the end of the period of 30
appointment if the chief executive is satisfied the appointment 31
is no longer appropriate, having regard to the matters stated in 32
section 167. 33
s 175 109 s 177
Disability Services Bill 2005
(2) Immediately after ending an appointment under subsection 1
(1), the chief executive must give notice about the ending of 2
the appointment to the funded non-government service 3
provider and to consumers of the service provider. 4
Division 2 Function and powers 5
175 Application of div 2 6
This division applies to a person appointed as interim 7
manager of a funded non-government service provider. 8
176 Interim manager's function 9
The interim manager's function is, under the terms of the 10
appointment-- 11
(a) to protect consumers of the funded non-government 12
service provider from abuse, neglect or exploitation; and 13
(b) to ensure the proper and efficient use of funds under the 14
funding agreement with the funded non-government 15
service provider; and 16
(c) to provide disability services to consumers that the 17
funded non-government service provider has agreed to 18
provide under the funding agreement. 19
177 Interim manager's powers 20
So far as is necessary to carry out his or her function, an 21
interim manager appointed to a funded non-government 22
service provider-- 23
(a) may enter any part of the service provider's premises; 24
and 25
(b) may use the facilities or things in the premises that it 26
appears are intended for use, or are ordinarily used, to 27
provide services to consumers; and 28
(c) may ask for and accept payments that a consumer must 29
pay to the service provider; and 30
s 178 110 s 182
Disability Services Bill 2005
(d) may do anything in relation to a funding agreement, on 1
behalf of the service provider, that the service provider 2
is permitted or required to do. 3
178 Direction by chief executive 4
An interim manager is subject to the chief executive's 5
direction in performing the interim managers's function and 6
exercising the powers given under this part. 7
179 Other powers 8
The interim manager has the other powers of the funded 9
non-government service provider that are necessary or 10
convenient to carry out the manager's function. 11
12
Example--
13
It may be necessary for the interim manager to carry out repairs to the
14
funded non-government service provider's property.
180 Limitation on powers under instrument of appointment 15
A power conferred on the interim manager under this part 16
applies subject to any limitation stated in the instrument of 17
appointment. 18
181 Production of instrument of appointment for inspection 19
(1) This section applies if-- 20
(a) the interim manager is exercising, or proposes to 21
exercise, a power given under this part in relation to a 22
person; and 23
(b) the person asks the manager to produce the manager's 24
instrument of appointment for the person's inspection. 25
(2) The manager must comply with the request. 26
182 Obstruction 27
(1) A person must not obstruct an interim manager in the exercise 28
of a power, unless the person has a reasonable excuse. 29
s 183 111 s 184
Disability Services Bill 2005
Maximum penalty--40 penalty units. 1
(2) If a person has obstructed an interim manager and the 2
manager decides to proceed with the exercise of the power, 3
the manager must warn the person that-- 4
(a) it is an offence to obstruct the manager, unless the 5
person has a reasonable excuse; and 6
(b) the manager considers the person's conduct an 7
obstruction. 8
Division 3 Other matters 9
183 Access to information or documents 10
(1) The interim manager may ask an executive officer of the 11
funded non-government service provider for information or 12
documents that the manager reasonably needs to carry out the 13
manager's function. 14
(2) The chief executive may disclose information to an interim 15
manager, or give an interim manager access to documents, to 16
the extent the chief executive considers appropriate for the 17
purpose of the manager's appointment. 18
184 Confidentiality 19
(1) This section applies to a person-- 20
(a) who is, or has been, appointed as interim manager of a 21
funded non-government service provider; and 22
(b) who, in the course of the appointment or because of 23
opportunity provided by the appointment, has gained or 24
has access to confidential information about the service 25
provider or someone else. 26
(2) The person must not disclose the information to anyone else 27
or give access to the information to anyone else, other than-- 28
(a) for a purpose of this part; or 29
(b) under section 187; or 30
s 185 112 s 187
Disability Services Bill 2005
(c) with the consent of the service provider or other person 1
to whom the information relates; or 2
(d) in compliance with lawful process requiring production 3
of documents or giving of evidence before a court or 4
tribunal; or 5
(e) as expressly permitted or required by another Act. 6
Maximum penalty--40 penalty units. 7
185 Remuneration 8
An interim manager is entitled to be paid the reasonable 9
amount of remuneration agreed with the chief executive. 10
186 Funded non-government service provider liable for 11
remuneration and other costs 12
(1) If an interim manager is appointed to a funded 13
non-government service provider, the chief executive may 14
give the service provider a written demand for the amount of 15
an administration cost. 16
(2) The chief executive may recover the amount as a debt owed to 17
the State. 18
(3) In this section-- 19
administration cost means the remuneration paid to the 20
interim manager and any other reasonable cost incurred in 21
carrying out the manager's function. 22
187 Accounts and reports 23
(1) An interim manager appointed to a funded non-government 24
service provider must give to the chief executive-- 25
(a) records of all amounts received or paid in the course of 26
the appointment; and 27
(b) reports about the wellbeing of consumers of the service 28
provider; and 29
(c) the other reports about the administration that the chief 30
executive requires. 31
s 188 113 s 190
Disability Services Bill 2005
(2) The records and other reports must be given as soon as 1
possible after the end of the appointment or, if required by the 2
chief executive at a time during the appointment, at that time. 3
(3) The chief executive must give a copy of each record or report 4
to the service provider. 5
188 Compensation 6
(1) A person may claim compensation from the chief executive if 7
the person incurs loss or damage because of the exercise or 8
purported exercise of a power under this part. 9
(2) Compensation may be claimed and ordered to be paid in a 10
proceeding brought in a court with jurisdiction for the 11
recovery of the amount of compensation claimed. 12
(3) A court may order compensation to be paid only if satisfied it 13
is just to make the order in the circumstances of the particular 14
case. 15
Part 12 Legal proceedings 16
Division 1 Application 17
189 Application of pt 12 18
This part applies to a proceeding under this Act. 19
Division 2 Evidence 20
190 Appointments and authority 21
The following must be presumed unless a party to the 22
proceeding, by reasonable notice, requires proof of it-- 23
(a) the chief executive's appointment; 24
(b) an authorised officer's appointment; 25
s 191 114 s 192
Disability Services Bill 2005
(c) the authority of the chief executive or an authorised 1
officer to do anything under this Act. 2
191 Signatures 3
A signature purporting to be the signature of the chief 4
executive or an authorised officer is evidence of the signature 5
it purports to be. 6
192 Evidentiary provisions 7
(1) A certificate purporting to be signed by the chief executive 8
and stating any of the following matters is evidence of the 9
matter-- 10
(a) a stated document is 1 of the following things made, 11
given, issued or kept under this Act-- 12
(i) an appointment, approval or decision; 13
(ii) a notice or requirement; 14
(iii) a record, or an extract from a record; 15
(b) a stated document is another document kept under this 16
Act; 17
(c) a stated document is a copy of a thing mentioned in 18
paragraph (a) or (b); 19
(d) on a stated day, or during a stated period, an 20
appointment as an authorised officer was, or was not, in 21
force for a stated person; 22
(e) on a stated day, a stated person was given a stated notice 23
under this Act; 24
(f) on a stated day, a stated requirement was made of a 25
stated person. 26
(2) In a complaint starting a proceeding, a statement that the 27
matter of complaint came to the complainant's knowledge on 28
a stated day is evidence of when the matter came to the 29
complainant's knowledge. 30
s 193 115 s 195
Disability Services Bill 2005
193 Positive notice card is evidence of holding positive notice 1
If a person holds a current positive notice card, the card is 2
evidence of the person holding a current positive notice. 3
Division 3 Proceedings 4
194 Indictable and summary offences 5
(1) An offence against section 89(1) or 91 is an indictable
34
6
offence that is a crime. 7
(2) Otherwise, an offence against this Act is a summary offence. 8
195 Proceedings for indictable offences 9
(1) A proceeding for an indictable offence against this Act may 10
be taken, at the election of the prosecution-- 11
(a) by way of summary proceedings under the Justices Act 12
1886; or 13
(b) on indictment. 14
(2) A magistrate must not hear an indictable offence summarily 15
if-- 16
(a) the defendant asks at the start of the hearing that the 17
charge be prosecuted on indictment; or 18
(b) the magistrate considers the charge should be 19
prosecuted on indictment. 20
(3) If subsection (2) applies-- 21
(a) the magistrate must proceed by way of an examination 22
of witnesses for an indictable offence; and 23
(b) a plea of the person charged at the start of the 24
proceeding must be disregarded; and 25
34 Section 89 (Person holding negative notice, or who has withdrawn consent to
screening, not to apply for, or start or continue in, engagement by funded
non-government service provider) or 91 (Effect of conviction for serious offence or
charge for excluding offence)
s 196 116 s 198
Disability Services Bill 2005
(c) evidence brought in the proceeding before the 1
magistrate decided to act under subsection (2) is taken to 2
be evidence in the proceeding for the committal of the 3
person for trial or sentence; and 4
(d) before committing the person for trial or sentence, the 5
magistrate must make a statement to the person as 6
required by the Justices Act 1886, section 104(2)(b).35 7
(4) The maximum penalty that may be summarily imposed for an 8
indictable offence is 150 penalty units or 2 years 9
imprisonment. 10
196 Limitation on who may summarily hear indictable offence 11
proceedings 12
(1) A proceeding must be before a magistrate if it is a 13
proceeding-- 14
(a) for the summary conviction of a person on a charge for 15
an indictable offence; or 16
(b) for an examination of witnesses for a charge for an 17
indictable offence. 18
(2) However, if a proceeding for an indictable offence is brought 19
before a justice who is not a magistrate, jurisdiction is limited 20
to taking or making a procedural action or order within the 21
meaning of the Justices of the Peace and Commissioners for 22
Declarations Act 1991. 23
197 Proceeding for offences 24
A proceeding for an offence against this Act, other than an 25
indictable offence, must be taken in a summary way under the 26
Justices Act 1886. 27
198 When proceeding may start 28
A proceeding for a summary offence against this Act must 29
start within the later of the following periods to end-- 30
35 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 199 117 s 201
Disability Services Bill 2005
(a) 1 year after the commission of the offence; 1
(b) 6 months after the offence comes to the complainant's 2
knowledge, but within 2 years after the offence is 3
committed. 4
199 Allegations of false or misleading information or 5
document 6
In any proceeding for an offence against this Act defined as 7
involving false or misleading information, or a false or 8
misleading document, it is enough for a charge to state that 9
the information or document was, without specifying which, 10
`false or misleading'. 11
200 Forfeiture on conviction 12
(1) On conviction of a person for an offence against this Act, a 13
court may order the forfeiture to the State of-- 14
(a) anything used to commit the offence; or 15
(b) anything else the subject of the offence. 16
(2) The court may make the order-- 17
(a) whether or not the thing has been seized; and 18
(b) if the thing has been seized, whether or not the thing has 19
been returned to its owner. 20
(3) The court may make any order to enforce the forfeiture it 21
considers appropriate. 22
(4) This section does not limit the court's powers under the 23
Penalties and Sentences Act 1992 or another law. 24
201 Dealing with forfeited thing 25
(1) On the forfeiture of a thing to the State, the thing becomes the 26
State's property and may be dealt with by the State as the 27
State considers appropriate. 28
(2) Without limiting subsection (1), the State may destroy the 29
thing. 30
s 202 118 s 203
Disability Services Bill 2005
202 Responsibility for acts or omissions of representative 1
(1) This section applies in a proceeding for an offence against this 2
Act. 3
(2) If it is relevant to prove a person's state of mind about a 4
particular act or omission, it is enough to show-- 5
(a) the act was done or omitted to be done by a 6
representative of the person within the scope of the 7
representative's actual or apparent authority; and 8
(b) the representative had the state of mind. 9
(3) An act done or omitted to be done for a person by a 10
representative of the person within the scope of the 11
representative's actual or apparent authority is taken to have 12
been done or omitted to be done also by the person, unless the 13
person proves the person could not, by the exercise of 14
reasonable diligence, have prevented the act or omission. 15
(4) In this section-- 16
representative means-- 17
(a) for a corporation--an executive officer, employee or 18
agent of the corporation; or 19
(b) for an individual--an employee or agent of the 20
individual. 21
state of mind of a person includes-- 22
(a) the person's knowledge, intention, opinion, belief or 23
purpose; and 24
(b) the person's reasons for the intention, opinion, belief or 25
purpose. 26
203 Executive officers must ensure corporation complies 27
with Act 28
(1) The executive officers of a corporation must ensure the 29
corporation complies with this Act. 30
(2) If a corporation commits an offence against a provision of this 31
Act, each of the corporation's executive officers also commits 32
an offence, namely, the offence of failing to ensure the 33
corporation complies with the provision. 34
s 204 119 s 204
Disability Services Bill 2005
Maximum penalty--the penalty for the contravention of the 1
provision by an individual. 2
(3) Evidence that the corporation has been convicted of an 3
offence against a provision of this Act is evidence that each of 4
the executive officers committed the offence of failing to 5
ensure the corporation complies with the provision. 6
(4) However, it is a defence for an executive officer to prove-- 7
(a) if the officer was in a position to influence the conduct 8
of the corporation in relation to the offence, the officer 9
exercised reasonable diligence to ensure the corporation 10
complied with the provision; or 11
(b) the officer was not in a position to influence the conduct 12
of the corporation in relation to the offence. 13
Part 13 Reviews and appeals 14
Division 1 Reviewable decisions 15
204 Reviewable decisions 16
Schedule 2 states-- 17
(a) decisions of the chief executive under this Act that are 18
reviewable decisions; and 19
(b) for each reviewable decision, the person who may seek 20
to have the decision reviewed under this part (the 21
interested person). 22
23
Note--
24
In addition to the reviewable decisions stated in schedule 2, part 9
25
provides for a person to apply to the tribunal for the matters stated in
26
that part.
s 205 120 s 206
Disability Services Bill 2005
205 Chief executive must give notice after making reviewable 1
decision 2
(1) Immediately after making a reviewable decision, the chief 3
executive must give to the interested person a notice stating-- 4
(a) the reasons for the decision; and 5
(b) that, within 28 days after receiving the notice, the 6
interested person may apply to the chief executive for a 7
review of the decision; and 8
(c) how the interested person may apply for the review; and 9
(d) that, if the interested person applies for a review of the 10
decision and the matter is not resolved on the review, the 11
interested person may appeal against the decision on 12
review to the tribunal. 13
(2) Subsection (1) does not apply if the chief executive can not 14
locate the interested person after making reasonable enquiries. 15
Division 2 Review of decision 16
206 Application for review 17
(1) This section applies to the interested person for a reviewable 18
decision. 19
(2) Within 28 days after the interested person receives a notice 20
under section 205 about the decision, the interested person 21
may apply to the chief executive to review the decision. 22
(3) The chief executive may extend the time for applying for the 23
review. 24
(4) Also, the interested person may apply to the chief executive to 25
review the decision if the chief executive has not given the 26
interested person a notice under section 205 about the 27
decision. 28
(5) The application must be in the approved form and supported 29
by enough information to enable the chief executive to decide 30
the application. 31
s 207 121 s 208
Disability Services Bill 2005
207 Stay of operation of original decision 1
(1) An application under section 206 for review of a decision does 2
not stay the decision. 3
(2) However, before the decision takes effect, the chief executive 4
may give the interested person a notice staying the operation 5
of the decision for a stated period. 6
(3) The stay may be granted on conditions the chief executive 7
considers appropriate. 8
(4) Also, whether or not the applicant has asked the chief 9
executive to stay the operation of the decision, the applicant 10
may apply to the tribunal for a stay of the decision. 11
(5) The tribunal may stay the decision to secure the effectiveness 12
of the review and any later appeal to the tribunal. 13
(6) The stay may be granted on conditions the tribunal considers 14
appropriate and has effect for the period stated by the tribunal. 15
(7) The period of the stay must not extend past the time when the 16
chief executive makes the review decision and any later period 17
the tribunal allows to enable the applicant to appeal against 18
the review decision. 19
(8) The chief executive's decision to issue a negative notice must 20
not be stayed. 21
208 Review decision 22
(1) This section applies to an application under section 206 for 23
review of a decision. 24
(2) Unless the chief executive made the original decision 25
personally, the chief executive must ensure the application is 26
not dealt with by-- 27
(a) the person who made the original decision; or 28
(b) a person in a less senior office than the person who 29
made the original decision. 30
(3) Within 28 days after receiving the application, the chief 31
executive must review the original decision and make a 32
decision (the review decision)-- 33
(a) confirming the original decision; or 34
s 209 122 s 209
Disability Services Bill 2005
(b) amending the original decision; or 1
(c) substituting another decision for the original decision. 2
(4) Immediately after deciding the application, the chief executive 3
must give the interested person a notice stating-- 4
(a) the review decision; and 5
(b) the reasons for the review decision; and 6
(c) that, within 28 days after receiving the notice, the 7
interested person may appeal against the review 8
decision to the tribunal; and 9
(d) how the interested person may appeal. 10
(5) If the chief executive does not decide the application within 11
28 days after receiving it, the chief executive is taken to have 12
made a review decision confirming the original decision. 13
Division 3 Appeal against decision 14
209 Appeal against review decision 15
(1) Within 28 days after receiving a decision notice for a review 16
decision, the interested person for the decision may appeal 17
against the decision to the tribunal.36 18
(2) Also, if the chief executive has made a review decision but has 19
not given the interested person a decision notice for the 20
decision, the interested person for the decision may appeal 21
against the decision to the tribunal. 22
(3) If the interested person has received a decision notice for the 23
review decision, the application filed in the tribunal to start the 24
appeal must be accompanied by a copy of the decision notice. 25
(4) In this section-- 26
decision notice, for a review decision, means a notice under 27
section 208(4) about the decision. 28
36 See the Commercial and Consumer Tribunal Act 2003, section 31 (How to start
proceedings).
s 210 123 s 212
Disability Services Bill 2005
210 Appeal is by way of rehearing 1
The appeal to the tribunal is by way of rehearing on the 2
evidence that was before the chief executive. 3
Part 14 Miscellaneous 4
Division 1 Records 5
211 Funded non-government service provider must keep 6
records 7
A funded non-government service provider must make, and 8
keep for the time prescribed under a regulation, the records 9
prescribed under a regulation. 10
Maximum penalty-- 11
(a) for an individual guilty under chapter 2 of the Criminal 12
Code of an offence or for section 20337--20 penalty 13
units; or 14
(b) for a funded non-government service provider--100 15
penalty units. 16
Division 2 Other matters 17
212 Complaints by consumers 18
(1) The following may make a complaint to the chief executive 19
about the delivery of disability services by a funded service 20
provider-- 21
(a) a consumer; 22
(b) a family member, carer or advocate of a consumer; 23
(c) another person on behalf of a consumer. 24
37 Section 203 (Executive officers must ensure corporation complies with Act)
s 213 124 s 214
Disability Services Bill 2005
(2) The chief executive must maintain a system that deals 1
effectively with complaints received. 2
3
Note--
4
A complaint received by the chief executive may result in action under
5
part 10. Part 10 sets out powers for monitoring and enforcing
6
compliance with this Act.
213 Chief executive may refer matters to complaints agency 7
The chief executive may-- 8
(a) liaise with a complaints agency about matters relating to 9
people with a disability; and 10
(b) refer matters relating to people with a disability to a 11
complaints agency; and 12
(c) enter into an arrangement with a complaints agency 13
aimed at avoiding inappropriate duplication of activities. 14
214 Complaints agency to inform chief executive about 15
actions taken for complaint 16
(1) This section applies if-- 17
(a) the chief executive refers a matter about a person with a 18
disability to a complaints agency; and 19
(b) the chief executive, by notice to the agency, asks for 20
information about the way in which the agency is 21
dealing or has dealt with the matter. 22
(2) The agency must inform the chief executive about any action 23
taken for dealing with the matter or, if it is resolved, the 24
resolution of the matter. 25
(3) Subsection (2) applies despite any express provision in an Act 26
establishing a complaints agency that makes it an offence for 27
anyone involved with administration of the Act to disclose the 28
information. 29
s 215 125 s 215
Disability Services Bill 2005
215 Disability service plans for departments 1
(1) The chief executive of a department must develop and 2
implement disability service plans for the chief executive's 3
department. 4
(2) The first plan must be developed and implemented within 1 5
year after the commencement of this section. 6
(3) A further plan must be developed and implemented at least 7
once every 3 years. 8
(4) The purpose of a plan is to ensure each department has regard 9
to the following to the extent they reasonably apply to the 10
department's operations-- 11
(a) the human rights principle; 12
(b) the service delivery principles; 13
(c) the government's policies for people with a disability. 14
(5) In developing a disability service plan, the chief executive of a 15
department must consult with the following to ensure the 16
chief executive's plan forms part of a coordinated 17
whole-of-government approach for service delivery to people 18
with a disability-- 19
(a) the chief executive of the department in which this Act 20
is administered; 21
(b) the chief executives of other departments. 22
(6) The plan must, for the period of the plan-- 23
(a) identify the issues relating to service delivery to people 24
with a disability by the department; and 25
(b) state the way the issues will be addressed; and 26
(c) state the way the chief executive of a department is to 27
consult with other chief executives to achieve the 28
whole-of-government approach mentioned in subsection 29
(5). 30
(7) The chief executive of a department must publish the current 31
disability service plan for the department on the department's 32
website on the Internet. 33
s 216 126 s 220
Disability Services Bill 2005
216 Establishment of Ministerial advisory committees 1
The Minister may establish-- 2
(a) a committee to advise on the system that deals with 3
complaints received from the following-- 4
(i) consumers; 5
(ii) family members, carers or advocates of consumers; 6
and 7
(b) as many other committees to advise on disability issues 8
and disability services as the Minister considers 9
appropriate. 10
217 Membership of advisory committee 11
(1) An advisory committee has the membership decided by the 12
Minister. 13
(2) The Minister may appoint the following persons to an 14
advisory committee-- 15
(a) a person with a disability; 16
(b) a family member or carer of a person with a disability; 17
(c) another person the Minister considers has expertise or 18
experience relevant to people with a disability. 19
218 Dissolution 20
The Minister may dissolve an advisory committee at any time. 21
219 Other matters 22
The Minister may decide matters about an advisory 23
committee that are not provided for under this Act, including, 24
for example, the way a committee must conduct meetings or 25
report to the Minister. 26
220 Person with a disability must advise chief executive 27
about compensation 28
(1) This section applies to a person with a disability who, in 29
relation to the disability-- 30
s 220 127 s 220
Disability Services Bill 2005
(a) is applying for, or is receiving-- 1
(i) funding for disability services from the 2
department; or 3
(ii) disability services from another entity the person 4
knows is a funded service provider; and 5
(b) has received, or may receive, an amount relating to the 6
disability. 7
(2) The person must notify the chief executive in the approved 8
form-- 9
(a) if action has been taken to claim an amount relating to 10
the disability--of the type of action taken; and 11
(b) if an amount has been paid--of the date it was paid and 12
the amount; and 13
(c) if part or all of the amount relates to future care--of the 14
amount that relates to future care. 15
Maximum penalty--200 penalty units. 16
(3) Subsection (4) applies to a person who, on behalf of a person 17
with a disability, applies for-- 18
(a) funding for disability services from the department; or 19
(b) disability services from another entity the person 20
applying knows is a funded service provider. 21
(4) The person who applies for funding on behalf of a person with 22
a disability must notify the chief executive in the approved 23
form of the matters mentioned in subsection (2). 24
Maximum penalty--200 penalty units. 25
(5) In this section an amount relating to the disability includes 26
an amount relating to the disability resulting from any of the 27
following-- 28
(a) a proceeding in a court; 29
(b) action taken for compensation under the Workers' 30
Compensation and Rehabilitation Act 2003 or an Act or 31
law of another State, a Territory or the Commonwealth 32
corresponding to that Act; 33
(c) an insurance claim; 34
s 221 128 s 221
Disability Services Bill 2005
(d) any other action taken under the common law or under 1
an Act or law of a State or Territory or the 2
Commonwealth. 3
221 Confidentiality of information about criminal history and 4
related information 5
(1) This section applies to a person who-- 6
(a) is, or has been, the chief executive, a public service 7
employee, or a selection panel member; and 8
(b) in that capacity acquired information, or gained access 9
to a document, under part 838 about another person's 10
criminal history or about an investigation relating to the 11
possible commission of a serious offence by another 12
person. 13
(2) This section also applies to a person who-- 14
(a) is, or has been, the chief executive or a public service 15
employee; and 16
(b) in that capacity acquired information, or gained access 17
to a document, under part 939 about another person's 18
police information. 19
(3) The person must not disclose the information, or give access 20
to the document, to anyone else. 21
Maximum penalty--100 penalty units or 2 years 22
imprisonment. 23
(4) Subsection (3) does not apply to the disclosure of information, 24
or giving of access to a document, about a person-- 25
(a) if subsection (1) applies--to the chief executive, a 26
public service employee or selection panel member for 27
the purpose of assessing the person's suitability to be, or 28
continue to be, a public service employee; or 29
(b) if subsection (2) applies--to the chief executive or a 30
public service employee for the purpose of a screening 31
decision; or 32
38 Part 8 (Screening of persons engaged by the department)
39 Part 9 (Screening of persons engaged by funded non-government service providers)
s 222 129 s 222
Disability Services Bill 2005
(c) if the person is an adult--with the person's consent; or 1
(d) if the disclosure or giving of access is otherwise 2
required under an Act. 3
(5) In this section-- 4
selection panel member means a member of a panel formed 5
to make a recommendation to the chief executive about a 6
person's employment as a public service employee. 7
222 Confidentiality of other information 8
(1) This section applies to confidential information other than 9
information mentioned in section 221(1)(b) or (2)(b). 10
(2) If a person gains confidential information through 11
involvement in this Act's administration, the person must not 12
disclose the information to anyone, other than under 13
subsection (4). 14
Maximum penalty--100 penalty units. 15
(3) A person gains information through involvement in this Act's 16
administration if the person gains the information because of 17
being, or an opportunity given by being-- 18
(a) the chief executive; or 19
(b) an authorised officer; or 20
(c) an employee in the department; or 21
(d) a person contracted by the chief executive to provide 22
disability services for the department; or 23
(e) an interim manager; or 24
(f) a member of a Ministerial advisory committee. 25
(4) A person may disclose information to someone else-- 26
(a) for administering, monitoring or enforcing compliance 27
with, this Act; or 28
(b) to discharge a function under another law; or 29
(c) for a proceeding in a court or tribunal; or 30
(d) if authorised under another law or a regulation made 31
under this Act; or 32
s 223 130 s 224
Disability Services Bill 2005
(e) if-- 1
(i) the person is authorised in writing by the person to 2
whom the information relates; and 3
(ii) the person to whom the information relates is an 4
adult when the authorisation is given; or 5
(f) to protect a person with a disability from abuse, neglect 6
or exploitation. 7
(5) Also, a person may disclose information to-- 8
(a) another department, a funded non-government service 9
provider or entity to enable the department, service 10
provider or entity to provide for the needs of a person 11
with a disability; or 12
(b) the Commonwealth or another entity for the purposes of 13
an agreement with the Commonwealth. 14
223 Power to require information or documents 15
(1) The chief executive may give notice to a funded 16
non-government service provider requiring the service 17
provider to give the chief executive, within a stated reasonable 18
time, information or a document relating to the provision of 19
disability services to consumers of the service provider. 20
(2) The funded non-government service provider must comply 21
with the notice. 22
(3) For a requirement to give a document, the service provider 23
may comply with the requirement by giving a copy of the 24
document certified as a true copy of the document. 25
224 Protection from liability for giving information 26
(1) This section applies to the giving of information to the chief 27
executive, by a funded non-government service provider 28
under this Act. 29
(2) A funded non-government service provider, or a person on 30
behalf of the provider, may give the information despite any 31
other law that would otherwise prohibit or restrict the giving 32
of the information. 33
s 225 131 s 225
Disability Services Bill 2005
(3) If a person, acting honestly on reasonable grounds, gives the 1
information to the chief executive, the person is not liable, 2
civilly, criminally or under an administrative process, for 3
giving the information. 4
(4) Also, merely because the person gives the information, the 5
person can not be held to have-- 6
(a) breached any code of professional etiquette or ethics; or 7
(b) departed from accepted standards of professional 8
conduct. 9
(5) Without limiting subsections (3) and (4)-- 10
(a) in a proceeding for defamation, the person has a defence 11
of absolute privilege for publishing the information; and 12
(b) if the person would otherwise be required to maintain 13
confidentiality about the information under an Act, oath 14
or rule of law or practice, the person-- 15
(i) does not contravene the Act, oath or rule of law or 16
practice by giving the information; and 17
(ii) is not liable to disciplinary action for giving the 18
information. 19
(6) In this section-- 20
information includes a document. 21
225 Chief executive to advise on-disclosure 22
(1) This section applies to information or a document that the 23
chief executive has obtained from a funded non-government 24
service provider under section 223. 25
(2) The chief executive must advise the funded non-government 26
service provider before giving the information or document to 27
another entity, unless the chief executive considers that doing 28
so would not be in the best interests of a consumer to whom 29
the information or document relates. 30
s 226 132 s 227
Disability Services Bill 2005
226 Chief executive may enter into arrangement about giving 1
and receiving information with police commissioner 2
(1) This section applies only to the extent that another provision 3
under this Act allows the chief executive to give information 4
to the police commissioner or the police commissioner to give 5
information to the chief executive. 6
(2) The chief executive and the police commissioner may enter 7
into a written arrangement by which the information is given 8
or received. 9
(3) Without limiting subsection (2), the arrangement may provide 10
for the electronic transfer of information, including on a daily 11
basis. 12
(4) However, if information is to be electronically transferred and, 13
under this Act, there is a limitation on who may access the 14
information or the purposes for which the information may be 15
used, the arrangement must provide for the limitation. 16
227 Delegation by Minister 17
(1) The Minister may delegate the Minister's powers under this 18
Act to an appropriately qualified person who is a public 19
service employee. 20
(2) However, the Minister must not delegate the following-- 21
(a) the Minister's power to make or amend the service 22
standards; 23
(b) the review of the Act under section 233. 24
(3) In this section-- 25
appropriately qualified includes having the qualifications, 26
experience or standing appropriate to the exercise of the 27
power. 28
29
Example of standing--
30
if a person is a public service employee of the department, the person's
31
classification level in the department
s 228 133 s 230
Disability Services Bill 2005
228 Delegation by chief executive 1
(1) The chief executive may delegate the chief executive's 2
powers under this Act to an appropriately qualified person 3
who is a public service employee. 4
(2) In this section-- 5
appropriately qualified includes having the qualifications, 6
experience or standing appropriate to the exercise of the 7
power. 8
9
Example of standing--
10
if a person is a public service employee of the department, the person's
11
classification level in the department
229 Protecting officials from liability 12
(1) An official is not civilly liable for an act done, or omission 13
made, honestly and without negligence under this Act. 14
(2) If subsection (1) prevents a civil liability attaching to an 15
official, the liability attaches instead to the State. 16
(3) In this section-- 17
official means-- 18
(a) the Minister; or 19
(b) the chief executive; or 20
(c) an authorised officer; or 21
(d) a public service employee; or 22
(e) an interim manager; or 23
(f) a member of a Ministerial advisory committee; or 24
(g) a person acting under the direction of an official. 25
230 Approval of forms 26
The chief executive may approve forms for use under this Act. 27
s 231 134 s 233
Disability Services Bill 2005
231 Service of documents 1
(1) If a document is required or permitted under this Act to be 2
given to a person, the document may be given to the person by 3
fax transmission directed and sent to-- 4
(a) the last fax number given to the giver of the document 5
by the person as the facsimile transmission number for 6
service of documents on the person; or 7
(b) the fax transmission number operated-- 8
(i) at the address of the person last known to the giver 9
of the document; or 10
(ii) if the person is a corporation, at the corporation's 11
registered office under the Corporations Act. 12
(2) A document given under subsection (1) is taken to have been 13
given on the day the document is transmitted. 14
232 Regulation-making power 15
(1) The Governor in Council may make regulations under this 16
Act. 17
(2) A regulation made under this Act may-- 18
(a) impose a penalty of not more than 20 penalty units for a 19
contravention of a provision of a regulation; and 20
(b) prescribe fees payable under this Act and the matters for 21
which fees are payable. 22
233 Review of Act 23
The Minister must review the efficacy and efficiency of this 24
Act as soon as practicable after the end of 5 years after the 25
commencement of this section. 26
s 234 135 s 236
Disability Services Bill 2005
Part 15 Repeal and transitional 1
provisions 2
Division 1 Repeal 3
234 Repeal of Disability Services Act 1992 4
The Disability Services Act 1992 No. 24 is repealed. 5
Division 2 Transitional provisions 6
235 Definitions for div 2 7
In this division-- 8
commencement means the commencement of this part. 9
repealed Act means the Disability Services Act 1992. 10
236 Screening of persons engaged by funded 11
non-government service providers at the commencement 12
(1) This section applies to a funded non-government service 13
provider who is engaging a person at a service outlet of the 14
service provider at the commencement. 15
(2) Section 8740 does not apply to the continued engagement of 16
the person until the earliest of the following-- 17
(a) the end of the period after the commencement 18
prescribed under a regulation; 19
(b) if an application for a prescribed notice about the person 20
is made within that period and is not withdrawn--the 21
day a prescribed notice is issued to the person; 22
(c) if an application for a prescribed notice about a person is 23
made within that period and is withdrawn--the day of 24
the withdrawal. 25
40 Section 87 (When person without current positive notice may be engaged)
s 237 136 s 238
Disability Services Bill 2005
(3) For subsection (2)(a), a regulation must-- 1
(a) name each funded non-government service provider; 2
and 3
(b) assign a category to the service provider; and 4
(c) state the period after the commencement, not exceeding 5
6 months, that applies to the category. 6
(4) The category must relate to the type of disability services 7
provided by the service provider and is for the purposes of this 8
section only. 9
(5) A particular category may be assigned to a funded 10
non-government service provider even though the service 11
provider also falls within another category. 12
237 Certain non-government service providers taken to be 13
approved under part 5 and to be funded non-government 14
service providers 15
(1) This section applies to a non-government service provider 16
that, at the commencement, is receiving financial assistance 17
under the repealed Act that is recurrent funding. 18
(2) The service provider is, from the commencement, taken to 19
be-- 20
(a) an approved non-government service provider for this 21
Act; and 22
(b) a funded non-government service provider for this Act. 23
238 When grants of financial assistance under the repealed 24
Act continue 25
(1) This section applies to a non-government service provider 26
that, at the commencement, is receiving financial assistance 27
under the repealed Act that is recurrent funding. 28
(2) Subject to subsection (4), the service provider may continue to 29
receive recurrent funding under this Act. 30
(3) If the service provider has, before the commencement, signed 31
an agreement under the repealed Act known as a general 32
s 239 137 s 240
Disability Services Bill 2005
service agreement, that agreement is taken to be a funding 1
agreement under this Act. 2
(4) If the service provider has not signed a general service 3
agreement before the commencement, funding must stop 3 4
months after the commencement unless-- 5
(a) the Minister approves funding under this Act; and 6
(b) a funding agreement is signed by the service provider. 7
(5) No compensation is payable to a service provider if funding to 8
the service provider stops under subsection (4). 9
239 Queensland disability service standards to continue in 10
force 11
(1) The prescribed standards are taken to be service standards 12
made and notified under this Act and take effect for this Act 13
from the commencement. 14
(2) The prescribed standards may be amended and repealed under 15
this Act. 16
(3) In this section-- 17
prescribed standards means the standards called the 18
Queensland disability service standards that were approved by 19
the Minister administering the Disability Services Act 1992 in 20
December, 2003. 21
240 Disability sector quality system to continue in force 22
(1) The prescribed system is taken to be the disability sector 23
quality system approved under this Act and takes effect for 24
this Act from the commencement. 25
(2) The Minister may approve an amendment of, or the repeal of, 26
the prescribed system under this Act. 27
(3) Subsection (4) applies if-- 28
(a) the Minister administering the Disability Services Act 29
1992 has approved an entity as being suitable to accredit 30
another entity for the purpose of the other entity 31
deciding whether a service provider has met the service 32
standards for the prescribed system; and 33
s 241 138 s 241
Disability Services Bill 2005
(b) the approval is in force immediately before the 1
commencement. 2
(4) The entity is taken to be an entity approved under section 38.41 3
(5) The Minister may revoke the approval of the entity. 4
(6) In this section-- 5
prescribed system means the process called the disability 6
sector quality system that was approved by the Minister 7
administering the Disability Services Act 1992 in June, 2004. 8
Part 16 Consequential amendments 9
241 Acts amended 10
Schedule 1 amends the Acts mentioned in it. 11
41 Section 38 (Minister may approve entity as suitable to accredit external certification
body)
139
Disability Services Bill 2005
Schedule 1 Consequential amendments 1
section 241 2
Charitable and Non-Profit Gaming Act 1999 3
1 Section 10(5)(a)(i), `Disability Services Act 1992'-- 4
omit, insert-- 5
`Disability Services Act 2005'. 6
Child Protection (Offender Reporting) Act 2004 7
1 Schedule 3, definition disability, `Disability Services Act 8
1992, section 5'-- 9
omit, insert-- 10
`Disability Services Act 2005, section 11'. 11
Commercial and Consumer Tribunal Act 2003 12
1 Schedule 2, definition empowering Act-- 13
insert-- 14
`· Disability Services Act 2005'. 15
140
Disability Services Bill 2005
Schedule 1 (continued)
Coroners Act 2003 1
1 Section 9(1)(a), `Disability Services Act 1992, section 5'-- 2
omit, insert-- 3
`Disability Services Act 2005, section 11'. 4
2 Section 9(1)(a)(ii), `Disability Services Act 1992'-- 5
omit, insert-- 6
`Disability Services Act 2005'. 7
3 Section 47(3), definition relevant Act, `Disability Services 8
Act 1992'-- 9
omit, insert-- 10
`Disability Services Act 2005'. 11
Education (Work Experience) Act 1996 12
1 Schedule, definition person with a disability-- 13
omit, insert-- 14
`person with a disability means a person who has a disability 15
within the meaning of the Disability Services Act 2005, 16
section 11.'. 17
Family Services Act 1987 18
1 Sections 31 and 32-- 19
omit. 20
141
Disability Services Bill 2005
Schedule 1 (continued)
Guardianship and Administration Act 2000 1
1 Section 231(4)(a), `Disability Services Act 1992'-- 2
omit, insert-- 3
`Disability Services Act 2005'. 4
Residential Services (Accreditation) Act 2002 5
1 Section 4(5)(k)(ii), `a grant of financial assistance under 6
the Disability Services Act 1992'-- 7
omit, insert-- 8
`funding given under the Disability Services Act 2005'. 9
2 Schedule 2, definition disability services department, 10
`Disability Services Act 1992'-- 11
omit, insert-- 12
`Disability Services Act 2005'. 13
Terrorism (Preventative Detention) Act 2005 14
1 Section 62(1)(b), `Disability Services Act 1992'-- 15
omit, insert-- 16
`Disability Services Act 2005'. 17
2 Section 62(2), `Disability Services Act 1992, section 35'-- 18
omit, insert-- 19
`Disability Services Act 2005, section 228'. 20
142
Disability Services Bill 2005
Schedule 1 (continued)
Whistleblowers Protection Act 1994 1
1 Section 9(2), `Disability Services Act 1992'-- 2
omit, insert-- 3
`Disability Services Act 2005'. 4
2 Schedule 6, dictionary, definition disability, `Disability 5
Services Act 1992'-- 6
omit, insert-- 7
`Disability Services Act 2005'. 8
143
Disability Services Bill 2005
Schedule 2 Reviewable decisions 1
section 204 2
Interested person Reviewable decision
applicant for approval to refuse approval as an approved
as an approved non-government service provider (s 43(3))
non-government service
provider
approved to refuse to cancel approval as an approved
non-government service non-government service provider (s 45(3))
provider
approved to cancel approval as an approved
non-government service non-government service provider (s 46(1))
provider
funded non-government to cancel or suspend the funding of a funded
service provider whose non-government service provider for not
funding is suspended or complying with a compliance notice (s
cancelled 158(8))
funded non-government to appoint an interim manager for a funded
service provider for non-government service provider (s 166)
whom interim manager
appointed
144
Disability Services Bill 2005
Schedule 3 Current serious offences 1
section 76 2
1 Classification of Computer Games and Images Act 1995 3
Provision Relevant heading Limitation relating to the provision of the
of Act Act
23 Demonstration of
an objectionable
computer game
before a minor
26(3) Possession of
objectionable
computer game
27(3) Making
and (4) objectionable
computer game
28 Obtaining minor
for objectionable
computer game
4
2 Classification of Films Act 1991 5
Provision Relevant heading Limitation relating to the provision of the
of Act Act
41(3) Possession of
objectionable film
42(3) Making
and (4) objectionable film
43 Procurement of
minor for
objectionable film
6
145
Disability Services Bill 2005
Schedule 3 (continued)
3 Classification of Publications Act 1991 1
Provision Relevant heading Limitation relating to the provision of the
of Act Act
12 Sale etc. of Only if an offender was or could have
been liable as mentioned in section 12,
prohibited
penalty, paragraph (c)
publication or child
abuse photograph
13 Possession of Only if an offender was or could have
been liable as mentioned in section 13,
prohibited
penalty, paragraph (c)
publication
14 Possession of child
abuse publication
or child abuse
photograph
15 Exhibition or
display of
prohibited
publication or child
abuse photograph
16 Leaving prohibited Only if an offender was or could have
been liable as mentioned in section 16,
publication or child
penalty, paragraph (c)
abuse photograph
in or on public
place
17 Producing Only if an offender was or could have
been liable as mentioned in section 17(1),
prohibited
penalty, paragraph (c) or 17(2), penalty,
publication
paragraph (c) or the offence is an offence
under section 17(3) or (4)
146
Disability Services Bill 2005
Schedule 3 (continued)
Provision Relevant heading Limitation relating to the provision of the
of Act Act
18 Procurement of
minor for RC
publication or child
abuse photograph
20 Leaving prohibited Only if an offender was or could have
been liable as mentioned in section 20,
publication or child
penalty, paragraph (c)
abuse photograph
in or on private
premises
1
4 Criminal Code 2
Provision Relevant heading Limitation relating to the provision of the
of Act Act
208 Unlawful sodomy
209 Attempted sodomy
210 Indecent treatment
of children
under 16
211 Bestiality
213 Owner etc.
permitting abuse of
children on
premises
215 Carnal knowledge
with or of children
under 16
216 Abuse of
intellectually
impaired persons
147
Disability Services Bill 2005
Schedule 3 (continued)
Provision Relevant heading Limitation relating to the provision of the
of Act Act
217 Procuring young
person etc. for
carnal knowledge
218 Procuring sexual
acts by coercion
etc.
218A Using internet etc.
to procure children
under 16
219 Taking child for
immoral purposes
221 Conspiracy to
defile
222 Incest
228 Obscene Only if an offender was or could have
been liable as mentioned in
publications and
section 228(2) or (3)
exhibitions
228A Involving child in
making child
exploitation
material
228B Making child
exploitation
material
228C Distributing child
exploitation
material
228D Possessing child
exploitation
material
148
Disability Services Bill 2005
Schedule 3 (continued)
Provision Relevant heading Limitation relating to the provision of the
of Act Act
229B Maintaining a
sexual relationship
with a child
229G Procuring Only if an offender was or could have
been liable as mentioned in 229G(2)
prostitution
229H Knowingly Only if an offender was or could have
been liable as mentioned in 229H(2)
participating in
provision of
prostitution
229I Persons found in Only if an offender was or could have
been liable as mentioned in 229I(2)
places reasonably
suspected of being
used for
prostitution etc.
229L Permitting young
person etc. to be at
place used for
prostitution
300 Unlawful homicide Only if the unlawful killing is murder
under section 302
306 Attempt to murder
309 Conspiring to
murder
313 Killing unborn
child
315 Disabling in order
to commit
indictable offence
316 Stupefying in order
to commit
indictable offence
149
Disability Services Bill 2005
Schedule 3 (continued)
Provision Relevant heading Limitation relating to the provision of the
of Act Act
317 Acts intended to
cause grievous
bodily harm and
other malicious
acts
320A Torture
322 Maliciously
administering
poison with intent
to harm
323A Female genital
mutilation
323B Removal of child
from State for
female genital
mutilation
324 Failure to supply
necessaries
326 Endangering life of
children by
exposure
349 Rape
350 Attempt to commit
rape
351 Assault with intent
to commit rape
352 Sexual assaults
354 Kidnapping
354A Kidnapping for
ransom
150
Disability Services Bill 2005
Schedule 3 (continued)
Provision Relevant heading Limitation relating to the provision of the
of Act Act
363 Child-stealing
363A Abduction of child
under 16
364 Cruelty to children
under 16
409 Definition of Only if an offender was or could have
robbery been liable as mentioned in
section 411(2)
419 Burglary Only if an offender was or could have
been liable as mentioned in
section 419(3)(b)(i) and (ii)
427 Unlawful entry of Only if an offender was or could have
vehicle for been liable as mentioned in
committing section 427(2)(b)(i) or (ii)
indictable offence
1
5 Drugs Misuse Act 1986 2
Provision Relevant heading Limitation relating to the provision of the
of Act Act
5 Trafficking in
dangerous drugs
6 Supplying Only if the offence is one of aggravated
dangerous drugs supply as mentioned in section 6(2)
8 Producing Only if an offender was or could have
dangerous drugs been liable for a penalty as mentioned in
section 8, penalty, paragraph (a) or (b)
3
151
Disability Services Bill 2005
Schedule 4 Repealed or expired serious 1
offences 2
section 76 3
Criminal Code 4
Provision Relevant heading Qualification relating to the provision of
of Act the Act
212 Defilement of Girls As the provision was in force from time
under Twelve to time before its repeal by the Criminal
Code, Evidence Act and Other Acts
Amendment Act 1989
214 Attempt to Abuse As the provision was in force from time
Girls under Ten to time before its repeal by the Criminal
Code, Evidence Act and Other Acts
Amendment Act 1989
220 Unlawful As the provision was in force from time
Detention with to time before its repeal by the Criminal
Intent to Defile or Code, Evidence Act and Other Acts
in a Brothel Amendment Act 1989
223 Incest by adult As the provision was in force from time
female to time before its repeal by the Criminal
Law Amendment Act 1997
325 Endangering life or As the provision was in force from time
health of to time before its repeal by the Training
apprentices or and Employment Act 2000
servants
152
Disability Services Bill 2005
Schedule 4 (continued)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
344 Aggravated As the provision was in force from
assaults 20 December 1946 to 30 June 1997 if the
circumstance of aggravation was that the
unlawful assault was an offence of a
sexual nature as defined in the Criminal
Law Amendment Act 1945, section 2Aa
a Criminal Law Amendment Act 1945, section 2A was inserted into the Criminal Law
Amendment Act 1945 by the Criminal Law Amendment Act 1946.
1
153
Disability Services Bill 2005
Schedule 5 Current serious sexual or 1
violent offences 2
section 77 3
Criminal Code 4
Provision of Act Relevant heading
208 Unlawful sodomy
209 Attempted sodomy
210 Indecent treatment of children under 16
213 Owner etc. permitting abuse of children on premises
215 Carnal knowledge with or of children under 16
216 Abuse of intellectually impaired persons
217 Procuring young person etc. for carnal knowledge
218 Procuring sexual acts by coercion etc.
219 Taking child for immoral purposes
222 Incest
229B Maintaining a sexual relationship with a child
229G Procuring prostitution
349 Rape
350 Attempt to commit rape
351 Assault with intent to commit rape
352 Sexual assaults
154
Disability Services Bill 2005
Schedule 6 Repealed or expired serious 1
sexual or violent offences 2
section 77 3
Criminal Code 4
Provision Relevant heading Qualification relating to the provision of
of Act the Act
212 Defilement of Girls As the provision was in force from time
under Twelve to time before its repeal by the Criminal
Code, Evidence Act and Other Acts
Amendment Act 1989
214 Attempt to Abuse As the provision was in force from time
Girls under Ten to time before its repeal by the Criminal
Code, Evidence Act and Other Acts
Amendment Act 1989
220 Unlawful As the provision was in force from time
Detention with to time before its repeal by the Criminal
Intent to Defile or Code, Evidence Act and Other Acts
in a Brothel Amendment Act 1989
223 Incest by adult As the provision was in force from time
female to time before its repeal by the Criminal
Law Amendment Act 1997
344 Aggravated As the provision was in force from
assaults 20 December 1946 to 30 June 1997 if the
circumstance of aggravation was that the
unlawful assault was an offence of a
sexual nature as defined in the Criminal
Law Amendment Act 1945, section 2A
155
Disability Services Bill 2005
Schedule 7 Dictionary 1
section 9 2
administrator means an administrator appointed under the 3
Guardianship and Administration Act 2000. 4
adult guardian means the adult guardian appointed under the 5
Guardianship and Administration Act 2000. 6
appeal, against a decision to the tribunal, means apply to the 7
tribunal for a review of the decision. 8
approved form means a form approved by the chief executive 9
under section 230. 10
approved non-government service provider see section 16. 11
authorised officer means a person appointed as an authorised 12
officer under section 122. 13
carer means a person of any age, who without being paid, 14
cares for another person who needs ongoing support because 15
of a disability, but does not include a volunteer for and 16
organisation. 17
Commissioner for Children and Young People and Child 18
Guardian means the Commissioner for Children and Young 19
People and Child Guardian appointed under the Commission 20
for Children and Young People and Child Guardian Act 2000. 21
complaints agency means any of the following-- 22
(a) the ombudsman under the Ombudsman Act 2001; 23
(b) the Crime and Misconduct Commission under the 24
Crime and Misconduct Act 2001; 25
(c) the Anti-Discrimination Commissioner under the 26
Anti-Discrimination Act 1991; 27
(d) the Health Rights Commissioner under the Health 28
Rights Commission Act 1991; 29
(e) the adult guardian; 30
(f) the Commissioner for Children and Young People and 31
Child Guardian. 32
156
Disability Services Bill 2005
Schedule 7 (continued)
compliance notice see section 158(3). 1
confidential information includes information about a 2
person's affairs but does not include-- 3
(a) information already publicly disclosed unless further 4
disclosure of the information is prohibited by law; or 5
(b) statistical or other information that could not reasonably 6
be expected to result in the identification of the person 7
to whom the information relates. 8
consumer, of a funded non-government service provider, 9
means a person with a disability who is provided with 10
disability services by the service provider. 11
conviction means a finding of guilt or the acceptance of a plea 12
of guilty by a court, whether or not a conviction is recorded. 13
criminal history, of a person, means-- 14
(a) every conviction of the person for an offence, in 15
Queensland or elsewhere, and whether before or after 16
the commencement of this Act; and 17
(b) every charge made against the person for an offence, in 18
Queensland or elsewhere, and whether before or after 19
the commencement of this Act. 20
current, for a prescribed notice or a positive notice card, 21
means current under section 86. 22
disability see section 11. 23
disability sector quality system means the process approved 24
by the Minister under section 37 under which a service 25
provider may be certified by an external certification body as 26
meeting the service standards. 27
disability services see section 12. 28
disqualification order, for part 9, see section 119(2). 29
document certification requirement see section 155(5). 30
document production requirement see section 155(6). 31
engaged, by a funded non-government service provider, see 32
section 75. 33
157
Disability Services Bill 2005
Schedule 7 (continued)
engaged by the department see section 60. 1
engaged person, for part 9, see section 80(1). 2
excluding offence, for part 9, see section 78. 3
executive officer, of a corporation, means any person, by 4
whatever name called and whether or not the person is a 5
director of the corporation, who is concerned or takes part in 6
the management of the corporation. 7
external certification body see section 38(1). 8
funded non-government service provider see section 17. 9
funded service provider see section 14. 10
funding agreement see section 53(1). 11
guardian means a guardian appointed under the 12
Guardianship and Administration Act 2000. 13
home means premises used as a private residence. 14
human rights principle means the principle and rights stated 15
in section 19. 16
imprisonment order means an order of a court that convicts a 17
person for an offence, if the order includes a penalty that 18
includes imprisonment for the offence, including 19
imprisonment that is wholly or partially suspended. 20
indictable offence includes an indictable offence dealt with 21
summarily, whether or not the Criminal Code, section 659,42 22
applies to the indictable offence. 23
interested person, for a reviewable decision, see section 204. 24
interim manager means a person appointed as interim 25
manager under section 166. 26
investigative information, about a person, see section 106(1). 27
negative notice see section 82(2)(b). 28
non-government service provider see section 15. 29
42 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
158
Disability Services Bill 2005
Schedule 7 (continued)
notice means a written notice. 1
obstruct includes hinder and attempt to obstruct or hinder. 2
owner, for part 10, division 2, subdivision 5, see section 144. 3
personal details requirement, for part 10, division 2, 4
subdivision 6, see section 153(5). 5
place includes premises and vacant land. 6
police commissioner means the commissioner of the police 7
service. 8
police information, about a person, means the following-- 9
(a) the person's criminal history; 10
(b) investigative information about the person. 11
police service means the Queensland Police Service. 12
positive notice see section 82(2)(a). 13
positive notice card means a document, in the form of a card, 14
issued to a person who is the holder of a current positive 15
notice at or about the time that the person is issued with the 16
positive notice, that includes the following information-- 17
(a) the name of the person who is the holder of the positive 18
notice; 19
(b) the date of birth of the person; 20
(c) a registration number for the person; 21
(d) an expiry date for the positive notice; 22
(e) the signature, or an electronic version of the signature, 23
of the person to whom the positive notice is issued. 24
premises includes-- 25
(a) a building or other structure; and 26
(b) a part of a building or other structure; and 27
(c) a vehicle; and 28
(d) a caravan. 29
prescribed notice means a notice issued under section 82(2). 30
159
Disability Services Bill 2005
Schedule 7 (continued)
prescribed requirement means a requirement prescribed 1
under section 56. 2
repealed Act, for part 15, division 2, see section 235. 3
reviewable decision means a decision stated in schedule 2. 4
review decision, for part 13, see section 208(3). 5
screening decision, in relation to a person, means a decision 6
about whether a positive or negative notice should be issued to 7
the person. 8
serious offence see section 76. 9
serious sexual or violent offence see section 77. 10
service delivery principles means the principles stated in part 11
2, division 2. 12
service outlet means a place at which disability services are 13
provided. 14
service provider see section 13. 15
service standards see section 34(1). 16
tribunal means the Commercial and Consumer Tribunal 17
established under the Commercial and Consumer Tribunal Act 18
2003. 19
© State of Queensland 2005
AMENDMENTS TO BILL
1
Disability Services Bill 2005
Disability Services Bill 2005
Amendments agreed to during Consideration
1 Clause 25--
At page 21, line 3, at the beginning--
insert--
`(1)'.
2 Clause 25--
At page 21, after line 4--
insert--
`(2) To be responsive to the needs and goals of people with a
disability, innovation and flexibility are encouraged when
designing services.'.
3 After clause 40--
At page 24, after line 29--
insert--
`Part 4A Complaints about the delivery
of disability services by funded
service providers
`40A Complaints by consumers
`(1) The following may make a complaint to the chief executive
about the delivery of disability services by a funded service
provider--
(a) a consumer;
(b) a family member, carer or advocate of a consumer;
(c) another person on behalf of a consumer.
2
Disability Services Bill 2005
`(2) The chief executive must maintain a system that deals
effectively with complaints received.
Note--
A complaint received by the chief executive may result in action under
part 10. Part 10 sets out powers for monitoring and enforcing
compliance with this Act.
`40B Chief executive may refer matters to complaints agency
`The chief executive may--
(a) liaise with a complaints agency about matters relating to
people with a disability; and
(b) refer matters relating to people with a disability to a
complaints agency; and
(c) enter into an arrangement with a complaints agency
aimed at avoiding inappropriate duplication of activities.
`40C Complaints agency to inform chief executive about
actions taken for complaint
`(1) This section applies if--
(a) the chief executive refers a matter about a person with a
disability to a complaints agency; and
(b) the chief executive, by notice to the agency, asks for
information about the way in which the agency is
dealing or has dealt with the matter.
`(2) The agency must inform the chief executive about any action
taken for dealing with the matter or, if it is resolved, the
resolution of the matter.
`(3) Subsection (2) applies despite any express provision in an Act
establishing a complaints agency that makes it an offence for
anyone involved with administration of the Act to disclose the
information.'.
4 Clause 46--
At page 27, lines 14 to 19--
omit, insert--
3
Disability Services Bill 2005
`(b) the chief executive is satisfied it is unlikely either of the
following will happen--
(i) action will be taken to enforce compliance by the
service provider with this Act;
(ii) funding, or further funding, will be given to the
service provider under this Act.'.
5 Clause 57--
At page 33, line 11, `chief executive'--
omit, insert--
`Minister'.
6 Clause 75--
At page 42, after line 27--
insert--
`(6) Also, a volunteer is not engaged by a funded non-government
service provider if--
(a) the volunteer is a relative of a person with a disability
who is receiving disability services at a service outlet of
the service provider; and
(b) the volunteer is at the service outlet only to help with the
care of the person.
`(7) In this section--
cousin means a first cousin.
parent, of a person, includes--
(a) in any case--the spouse of a parent of the person; and
(b) for an Aboriginal person--a person who, under
Aboriginal tradition, is regarded as a parent of the
person; and
(c) for a Torres Strait Islander--a person who, under Island
custom, is regarded as a parent of the person.
relative, of a person with a disability--
4
Disability Services Bill 2005
(a) means the person's parent, grandparent, great
grandparent, brother, sister, uncle, aunt, niece, nephew
or cousin; and
(b) for an Aboriginal person--includes a person who, under
Aboriginal tradition, is regarded as a relative mentioned
in paragraph (a); and
(c) for a Torres Strait Islander--includes a person who,
under Island custom, is regarded as a relative mentioned
in paragraph (a); and
(d) for a person with a parent who is not a natural
parent--includes anyone who would be a relative
mentioned in paragraph (a) if the parent were a natural
parent.
Example for paragraph (d)--
The daughter of a person's step-parent is a relative of the
person.'.
7 Clauses 212, 213 and 214--
Page 123, lines 18 to 24 and page 124, lines 1 to 29--
omit.
8 Clause 215--
At page 125, after line 33--
insert--
`(8) Despite the Public Service Act 1996, section 19,1 this section
does not apply to a public service office.'.
© State of Queensland 2006
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