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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Disability Services (Criminal
History) Amendment Bill 2009
Queensland
Disability Services (Criminal History)
Amendment Bill 2009
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 123 (Register of persons engaged by funded
non-government entities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new pt 10AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 10AA Carers with violent criminal histories
Division 1 Interpretation
123AA Definitions for pt 10AA . . . . . . . . . . . . . . . . . . . . . . . . 5
Division 2 Prohibition on engagement of carers with
violent criminal histories
123AB Service provider must not engage person with
violent criminal history as a carer . . . . . . . . . . . . . . . . 6
123AC Person with violent criminal history must not apply
for, or start or continue in, engagement as a carer. . . 6
Division 3 Issue of carer prohibition notices
123AD Chief executive to issue carer prohibition notices. . . . 7
123AE Review of decision about exceptional case . . . . . . . . 8
123AF Period of carer prohibition notice . . . . . . . . . . . . . . . . 8
Division 4 Criminal history screening process for
non-funded service providers
123AG Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
123AH Screening of people engaged, or proposed to be
engaged, as carers by non-funded service providers 9
123AI Disclosure obligations etc. of people engaged as a
carer by non-funded service providers . . . . . . . . . . . . 10
123AJ Register of persons engaged by non-funded service
providers .......................... 10
5 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 11
2009
A Bill
for
An Act to amend the Disability Services Act 2006 to prohibit
people with violent criminal histories being engaged as carers
of people with a disability
Disability Services (Criminal History) Amendment Bill 2009
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Disability Services (Criminal 3
History) Amendment Act 2009. 4
Clause 2 Act amended 5
This Act amends the Disability Services Act 2006. 6
Clause 3 Amendment of s 123 (Register of persons engaged by 7
funded non-government entities) 8
(1) Section 123(2)(c), after `notice'-- 9
insert-- 10
`, or a carer prohibition notice under part 10AA,'. 11
(2) Section 123(2)(d), after `notice'-- 12
insert-- 13
`and, if applicable, the carer prohibition notice'. 14
(3) Section 123(2)(f), after `notice'-- 15
insert-- 16
`or a carer prohibition notice'. 17
Clause 4 Insertion of new pt 10AA 18
After part 10-- 19
insert-- 20
Page 4
Disability Services (Criminal History) Amendment Bill 2009
[s 4]
`Part 10AA Carers with violent criminal 1
histories 2
`Division 1 Interpretation 3
`123AA Definitions for pt 10AA 4
`In this part-- 5
7 year period means the 7 year period ending on the day a 6
person's criminal history is considered by the chief executive 7
for the purpose of deciding whether to issue a carer 8
prohibition notice to the person. 9
carer means a person engaged by a service provider to care 10
for another person who needs ongoing support because of a 11
disability. 12
carer prohibition notice see section 123AD(2). 13
engaged person see section 123AD(1)(a). 14
non-funded service provider see section 123AG. 15
violent criminal history, of a person, means a criminal history 16
that includes a conviction or charge of the person for a violent 17
offence committed, or alleged to have been committed, within 18
the 7 year period. 19
violent offence means any offence involving violence against 20
a person. 21
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Disability Services (Criminal History) Amendment Bill 2009
[s 4]
`Division 2 Prohibition on engagement of 1
carers with violent criminal 2
histories 3
`123AB Service provider must not engage person with 4
violent criminal history as a carer 5
`(1) A service provider must not engage, or continue to engage, a 6
person as a carer at a service outlet of the service provider, 7
if-- 8
(a) the service provider is aware that a carer prohibition 9
notice has been issued to the person and is current; or 10
(b) for a non-funded service provider-- 11
(i) the service provider has not made a request about 12
the person under section 123AH(1); or 13
(ii) the service provider is aware the person has 14
withdrawn, or is deemed to have withdrawn, his or 15
her consent to screening under part 10 as applied 16
by section 123AH before a decision about whether 17
to issue a carer prohibition notice to the person was 18
made. 19
Maximum penalty-- 20
(a) for an individual guilty under chapter 2 of the Criminal 21
Code of an offence or for section 206--100 penalty 22
units; or 23
(b) for the service provider--500 penalty units. 24
`(2) This section applies despite any other provision in this Act. 25
`123AC Person with violent criminal history must not apply 26
for, or start or continue in, engagement as a carer 27
`(1) A person must not apply for, or start or continue in, 28
engagement as a carer by a service provider if-- 29
(a) a carer prohibition notice is issued to the person and is 30
current; or 31
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Disability Services (Criminal History) Amendment Bill 2009
[s 4]
(b) the service provider is a non-funded service provider 1
and-- 2
(i) the service provider has not made a request about 3
the person under section 123AH(1); or 4
(ii) the person withdrew the person's consent, or is 5
taken to have withdrawn the person's consent, to 6
screening under part 10 as applied by section 7
123AH before a decision about whether to issue a 8
carer prohibition notice to the person was made. 9
Maximum penalty--500 penalty units or 5 years 10
imprisonment. 11
`(2) This section applies despite any other provision in this Act. 12
`Division 3 Issue of carer prohibition notices 13
`123AD Chief executive to issue carer prohibition notices 14
`(1) This section applies if-- 15
(a) the chief executive obtains police information under part 16
9 or 10, including part 10 as applied by section 123AH, 17
about a person (an engaged person) seeking to be 18
engaged, or who is engaged, by a service provider as a 19
carer; and 20
(b) the chief executive is satisfied the engaged person has a 21
violent criminal history; and 22
(c) the chief executive does not propose to issue a negative 23
notice under part 10 to the engaged person. 24
`(2) The chief executive must give the engaged person a notice (a 25
carer prohibition notice) stating the person can not be 26
engaged by a service provider as a carer. 27
`(3) However, subsection (2) does not apply if-- 28
(a) the engaged person's criminal history does not include 29
any convictions for violent offences; and 30
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Disability Services (Criminal History) Amendment Bill 2009
[s 4]
(b) the chief executive is satisfied it is an exceptional case in 1
which it would not harm the best interests of people 2
with a disability for the engaged person to be engaged 3
by a service provider as a carer. 4
`(4) For deciding whether or not there is an exceptional case as 5
mentioned in subsection (3)(b), the chief executive must-- 6
(a) have regard to the factors mentioned in section 86(2); 7
and 8
(b) comply with section 88 as if the chief executive was 9
deciding whether there is an exceptional case as 10
mentioned in section 85(4) or (7). 11
`(5) If the chief executive issues a carer prohibition notice to the 12
engaged person, the notice must be accompanied by-- 13
(a) notice of the matters mentioned in section 87(2); and 14
(b) a copy of section 123AE. 15
`(6) For subsection (5), section 87(2) applies as if a reference in 16
that section to an exceptional case mentioned in section 85(4) 17
or (7) were a reference to an exceptional case mentioned in 18
subsection (3)(b). 19
`123AE Review of decision about exceptional case 20
`(1) A person may apply to the tribunal for a review of a decision 21
by the chief executive as to whether or not there is an 22
exceptional case as mentioned in section 123AD(3)(b) if, 23
because of the decision, the chief executive issued a carer 24
prohibition notice to the person. 25
`(2) Section 108 applies for the application as if-- 26
(a) the application were made under section 108(1); and 27
(b) a decision to issue a carer prohibition notice were a 28
decision to issue a negative notice. 29
`123AF Period of carer prohibition notice 30
`(1) A carer prohibition notice remains current until the day that is 31
7 years from the date of the most recent violent offence 32
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Disability Services (Criminal History) Amendment Bill 2009
[s 4]
committed, or alleged to have been committed, by the 1
engaged person. 2
`(2) However, the chief executive may cancel the carer prohibition 3
notice if the chief executive is satisfied that-- 4
(a) the decision to issue the notice to the engaged person 5
was based on wrong or incomplete information; and 6
(b) based on the correct or complete information, the chief 7
executive should not have issued the notice. 8
`(3) The chief executive may cancel the carer prohibition notice on 9
the application of the engaged person or on the chief 10
executive's own initiative. 11
`Division 4 Criminal history screening process 12
for non-funded service providers 13
`123AG Application of div 4 14
`This division applies to a service provider (a non-funded 15
service provider) other than a funded service provider. 16
`123AH Screening of people engaged, or proposed to be 17
engaged, as carers by non-funded service providers 18
`(1) A non-funded service provider who proposes to start 19
engaging, or continue engaging, a person as a carer at a 20
service outlet of the service provider may ask the chief 21
executive to obtain police information about the person under 22
part 10 for the purpose of deciding whether to issue a carer 23
prohibition notice to the person. 24
`(2) For the making of a request under subsection (1) and the 25
obtaining of police information about the person, the relevant 26
provisions apply, with any necessary modifications, as if-- 27
(a) the service provider were a funded non-government 28
service provider; and 29
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Disability Services (Criminal History) Amendment Bill 2009
[s 4]
(b) a request by the service provider under subsection (1) 1
were an application made under section 83 for a 2
prescribed notice; and 3
(c) for section 109, investigative information includes 4
evidence of acts or omissions that, at the time of the acts 5
or omissions, constituted violent offences; and 6
(d) a carer prohibition notice issued to the person were a 7
negative notice; and 8
(e) a reference in section 113 to section 101 were a 9
reference to section 123AF(3); and 10
(f) a reference in section 113 to a decision about an 11
exceptional case as mentioned in section 85(4) or (7) 12
were a reference to a decision about an exceptional case 13
as mentioned in section 123AD(3)(b); and 14
(g) a reference in section 97 or 98 to part 10 included a 15
reference to this part. 16
`(3) For this section, the relevant provisions are sections 78 (other 17
than subsection (4)), 83(2) to (5), 84, 109 and 111 to 117. 18
`123AI Disclosure obligations etc. of people engaged as a 19
carer by non-funded service providers 20
`Sections 95, 97 and 98 apply to a person engaged by a 21
non-funded service provider as a carer as if the person were 22
engaged by a funded non-government service provider. 23
`123AJ Register of persons engaged by non-funded service 24
providers 25
`(1) The chief executive must keep a register with up-to-date 26
information for each person for whom a request is made under 27
section 123AH(1). 28
`(2) The register may include the matters decided by the chief 29
executive but must include the following-- 30
(a) the person's name; 31
(b) the name of the service provider engaging the person; 32
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Disability Services (Criminal History) Amendment Bill 2009
[s 5]
(c) whether a carer prohibition notice was issued and, if a 1
notice was issued, the date of issue; 2
(d) if the person withdraws, or is taken to have withdrawn, 3
his or her consent to screening under part 10 as applied 4
by section 123AH, the date of the withdrawal; 5
(e) if the person applies for a review of the chief executive's 6
decision relating to a carer prohibition notice, details of 7
the review and its outcome. 8
`(3) If a non-funded service provider proposes to start engaging a 9
person at a service outlet of the service provider, the service 10
provider may apply to the chief executive in the approved 11
form for information contained in the register. 12
`(4) If a non-funded service provider asks the chief executive for 13
information contained in the register, the chief executive must 14
give the service provider the information.'. 15
Clause 5 Amendment of sch 7 (Dictionary) 16
(1) Schedule 7-- 17
insert-- 18
`7 year period, for part 10AA, see section 123AA. 19
carer, for part 10AA, see section 123AA. 20
carer prohibition notice, for part 10AA, see section 123AA. 21
non-funded service provider, for part 10AA, see section 22
123AA. 23
violent criminal history, for part 10AA, see section 123AA. 24
violent offence, for part 10AA, see section 123AA.'. 25
(2) Schedule 7, definition engaged person-- 26
omit, insert-- 27
`engaged person-- 28
(a) for part 10, see section 83(1); or 29
(b) for part 10AA, see section 123AA.'. 30
Page 11
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