DISABILITY SERVICES ACT 2006

Queensland Consolidated Acts

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DISABILITY SERVICES ACT 2006

TABLE OF PROVISIONS

Contents

Part 1--Preliminary

Division 1--Introduction

1. Short title
2. Commencement
3. Act binds all persons
4. Contravention of this Act does not create civil cause of action
5. Act does not affect other rights or remedies

Division 2--Objects

6. Objects of Act
7. How objects are mainly achieved
8. Finite resources available

Division 3--Interpretation

9. Definitions
10. Notes in text
11. What is a disability
12. What are disability services
13. Meaning of service provider
14. Meaning of funded service provider
15. Meaning of non-government service provider
16. Meaning of approved non-government service provider
17. Meaning of funded non-government service provider

Part 2--Disability rights

Division 1--Human rights principle

18. Persons encouraged to have regard to human rights principle
19. Principle that people with a disability have the same human rights as others

Division 2--Service delivery principles

20. Service delivery principles to be promoted by service providers
21. Focus on the development of the individual
22. Participation in planning and operation of services
23. Focus on a lifestyle the same as other people and appropriate for age
24. Coordination and integration of services with general services
25. Services to be tailored to meet individual needs and goals
26. People with a disability experiencing additional barriers
27. Promotion of competency, positive image and self-esteem
28. Inclusion in the community
29. No single service provider to exercise control over life of person with disability
30. Consideration for others involved with people with a disability
31. Service providers to make information available
32. Raising and resolving grievances
33. Access to advocacy support

Part 3--Disability service standards

34. Minister may make disability service standards
35. When service standard takes effect
36. Notice and availability of service standards

Part 4--Process for certifying whether service providers meet service standards

37. Minister may approve process
38. Minister may approve entity as suitable to accredit external certification body
39. Minister must publish approvals given under pt 4
40. Documents relating to process approved must be published

Part 5--Complaints about the delivery of disability services by funded service providers

41. Complaints by consumers
42. Chief executive may refer matters to complaints agency
43. Complaints agency to inform chief executive about actions taken for complaint

Part 6--Approved non-government service providers

44. Explanation
45. No entitlement to funding
46. Application for approval
47. Approval remains in force unless cancelled
48. Application for cancellation of approval
49. Cancellation of approval without application
50. Cancellation of approval if funded non-government service provider no longer exists

Part 7--Funding of non-government service providers

51. Purpose of giving funding
52. When funding may be given
53. Types of funding
54. Recurrent funding for non-government service providers
55. Who may receive approval for one-off funding
56. No funding without agreement
57. Insurance for service outlets
58. What funding agreement is to contain

Part 8--Prescribed requirements for funded non-government service providers

59. Prescribed requirements
60. Funded non-government service provider must comply with prescribed requirements

Part 9--Screening of persons engaged by the department

Division 1--Preliminary

61. Main purpose of pt 9
62. Safety of people with a disability to be paramount consideration
63. Persons engaged by the department
64. This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
65. Chief executive to advise of duties of disclosure etc.

Division 2--Disclosure of criminal history

66. Persons seeking to be engaged by the department must disclose criminal history
67. Persons engaged by the department must disclose changes in criminal history
68. Requirements for disclosure
69. False, misleading or incomplete disclosure or failure to disclose

Division 3--Chief executive may obtain information from other entities about criminal history and certain investigations

70. Chief executive may obtain report from commissioner of the police service
71. Prosecuting authority to notify chief executive about committal, conviction etc.

Division 4--Controls on use of information about criminal history and certain investigations

72. Use of information obtained under this part
73. Person to be advised of information obtained
74. Guidelines for dealing with information

Part 10--Screening of persons engaged by funded non-government service providers

Division 1--Preliminary

75. Main purpose of pt 10
76. Safety of people with a disability to be paramount consideration
77. This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986

Division 2--Interpretation

78. What is engagement
79. What is a serious offence
80. What is a serious sexual or violent offence
81. What is an excluding offence

Division 3--Risk management strategies

82. Risk management strategies about persons engaged by funded non-government service providers

Division 4--Issue of prescribed notices for funded non-government service providers

83. Application for notice
84. Notice of change of engagement, or name and contact details in application under s 83
85. Decision on application
86. Decision making under s 85 in relation to discretionary matters
87. Actions of chief executive after making decision on application
88. Chief executive to invite submissions from engaged person about particular information
89. Currency of prescribed notice and positive notice card

Division 5--Obligations and offences relating to prescribed notices
Subdivision 1--Engagement of persons by funded non-government service provider

90. When person without current positive notice may be engaged
91. Prohibited engagement
Subdivision 2--Obligations if holder of negative notice or application for prescribed notice is withdrawn
92. 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
Subdivision 3--Changes in criminal history
93. Acquiring a criminal history
94. Effect of conviction for serious offence or charge for excluding offence
95. Change in criminal history of engaged person
96. Change in criminal history of other persons
Subdivision 4--General
97. False or misleading disclosure
98. False or misleading documents
99. Return of positive notice and positive notice card to chief executive

Division 6--Cancellation and replacement of prescribed notices

100. Cancellation of negative notice and issuing of positive notice
101. Chief executive may cancel a prescribed notice and substitute another prescribed notice
102. Cancellation if conviction for excluding offence and imprisonment or disqualification order
103. Cancellation if conviction for excluding offence but no imprisonment or disqualification order
104. Effect of charge for excluding offence pending charge being dealt with
105. Cancellation of suspension and issue of further prescribed notice
106. Replacement of positive notice or positive notice card
107. Change of details for prescribed notice or positive notice card

Division 7--Miscellaneous

108. Person may apply for review of decision
109. Police commissioner may decide that information about a person is investigative information
110. Delegation by police commissioner of power under s 109 restricted
111. Decision by police commissioner that information is investigative information
112. Court to decide matters afresh
113. Consequence of decision on appeal
114. Chief executive may obtain information from police commissioner
115. Notice of change in police information about a person
116. Chief executive to give notice to funded non-government service provider about making screening decision about engaged person
117. Withdrawal of engaged person's consent to screening
118. Compliance with requirement to end, or not start, a person's engagement
119. Guidelines for dealing with information
120. Use of information obtained under this part about a person
121. Chief executive must give police commissioner a person's current address
122. Disqualification order
123. Register of persons engaged by funded non-government entities

Part 10A--Use of restrictive practices

Division 1--Preliminary

123A. Purpose of pt 10A
123B. Service providers to which pt 10A applies
123C. Principles for performing functions etc.
123D. Explanation of operation of pt 10A
123E. Definitions for pt 10A
123F. Meaning of chemical restraint
123G. Meaning of contain
123H. Meaning of mechanical restraint
123I. Requirement to keep and implement a policy

Division 2--Important concepts for using restrictive practices

123J. Assessment of an adult
123K. Who is appropriately qualified to assess an adult
123L. What is a positive behaviour support plan

Division 3--Containment and seclusion
Subdivision 1--Requirements for containing or secluding an adult

123M. Containing or secluding an adult under containment or seclusion approval
123N. Containing or secluding an adult for respite services or community access services
123O. Containing or secluding an adult under short term approval
Subdivision 2--Multidisciplinary assessment and development of positive behaviour support plan
123P. Application of sdiv 2
123Q. Chief executive to decide whether multidisciplinary assessment of adult will be conducted
123R. Notice of decision not to conduct assessment
123S. Development of positive behaviour support plan following assessment
123T. Participation of psychiatrist in development of plan—adult subject to forensic order or involuntary treatment order
Subdivision 3--Changing a positive behaviour support plan
123U. Application of sdiv 3
123V. Who may change positive behaviour support plan
123W. When chief executive must decide whether positive behaviour support plan should be changed
123X. Requirements for chief executive's decision about whether change should be made
123Y. Action of chief executive after deciding whether change should be made
Subdivision 4--General requirements for containment or seclusion
123Z. Relevant service provider to ensure adult's needs are met

Division 4--Use of restrictive practices other than containment or seclusion
Subdivision 1--Requirements for using chemical, mechanical or physical restraint, or restricting access

123ZA. Using chemical, mechanical or physical restraint, or restricting access, with consent of guardian etc.
123ZB. Using chemical, mechanical or physical restraint, or restricting access, for respite services or community access services
123ZC. Using chemical restraint (fixed dose) for respite services
123ZD. Using chemical, mechanical or physical restraint, or restricting access, under short term approval
Subdivision 2--Assessment of adult and positive behaviour support plan
123ZE. Application of sdiv 2
123ZF. Requirements for development of positive behaviour support plan—assessment and consultation
123ZG. Changing a positive behaviour support plan
123ZH. Requirement for relevant service provider to consider whether plan should be changed
Subdivision 3--Requirements if adult subject to forensic order or involuntary treatment order
123ZI. Requirement for relevant service provider to notify guardian
123ZJ. Requirement for relevant service provider to notify director of mental health
Subdivision 4--Short term approvals given by chief executive
123ZK. Short term approval for use of restrictive practices other than containment or seclusion
123ZL. Period for which short term approval has effect
123ZM. Conditions of short term approval
123ZN. Chief executive's decision about approving short term plan

Division 5--Use of restrictive practices for respite services or community access services

123ZO. Purpose of div 5
123ZP. Requirement to develop respite/community access plan
123ZQ. Obtaining information about the adult
123ZR. Consultation
123ZS. Risk assessment

Division 6--Policy about use of restrictive practices

123ZT. Application of div 6
123ZU. Policy must be consistent with department's policy
123ZV. Requirements for content of department's policy
123ZW. Requirements for publication of department's policy etc.

Division 7--Review of particular chief executive decisions

123ZX. Application of div 7
123ZY. Definitions for div 7
123ZZ. Application for review
123ZZA. Review of relevant decision

Division 8--Miscellaneous provisions
Subdivision 1--Immunity for use of restrictive practices

123ZZB. Immunity from liability—relevant service provider
123ZZC. Immunity from liability—individual acting for relevant service provider
Subdivision 2--Requirements for relevant service providers
123ZZD. Requirement to give information to guardian or informal decision maker
123ZZE. Requirement to keep records and other documents
123ZZF. Notification requirements about approvals given for use of restrictive practices
Subdivision 3--Confidentiality provisions
123ZZG. Definitions for sdiv 3
123ZZH. Relevant service provider may request confidential information from health professional or chief executive (health)
123ZZI. Relevant service providers must maintain confidentiality

Part 11--Monitoring and enforcement

Division 1--Authorised officers

124. Powers generally
125. Appointment
126. Qualifications for appointment
127. Appointment conditions and limit on powers
128. Issue of identity card
129. Production or display of identity card
130. When authorised officer ceases to hold office
131. Resignation
132. Return of identity card

Division 2--Powers of authorised officers
Subdivision 1--Entry of places

133. Power to enter places
134. Power to enter place where funded non-government service provider provides disability services
Subdivision 2--Procedure for entry
135. Entry with consent
136. Application for warrant
137. Issue of warrant
138. Application by electronic communication and duplicate warrant
139. Defect in relation to a warrant
140. Warrants—procedure before entry
141. Entering a home and preserving privacy
Subdivision 3--Powers after entry
142. General powers after entering a place
143. Failure to help authorised officer
144. Failure to answer questions
Subdivision 4--Power to seize evidence
145. Seizing evidence after entry without consent or warrant
146. Seizing evidence after entry with consent or warrant
Subdivision 5--Dealing with seized things
147. Definition for sdiv 5
148. Securing a seized thing
149. Tampering with a seized thing
150. Powers to support seizure
151. Authorised officer may require thing's return
152. Receipts for seized thing
153. Forfeiture of seized thing
154. Return of seized thing
155. Access to seized thing
Subdivision 6--Power to obtain information
156. Power to require name and address
157. Failure to give name or address
158. Power to require production of documents
159. Failure to produce document
160. Failure to certify copy of document
Subdivision 7--Other compliance matters
161. Compliance notice

Division 3--General enforcement matters

162. Notice of damage
163. Compensation
164. False or misleading statements
165. False or misleading documents
166. Obstructing an authorised officer
167. Impersonation of an authorised officer
168. Chief executive may advise people with a disability and others of action taken in relation to funded non-government service providers

Part 12--Appointment of interim manager

Division 1--Appointment

169. Appointment
170. Basis for appointment
171. Suitability of proposed appointee
172. Terms of appointment
173. Notice to funded non-government service provider about appointment
174. Informing consumers about appointment
175. Initial period of appointment
176. Variation of appointment
177. Ending of appointment

Division 2--Function and powers

178. Application of div 2
179. Interim manager's function
180. Interim manager's powers
181. Direction by chief executive
182. Other powers
183. Limitation on powers under instrument of appointment
184. Production of instrument of appointment for inspection
185. Obstruction

Division 3--Other matters

186. Access to information or documents
187. Confidentiality
188. Remuneration
189. Funded non-government service provider liable for remuneration and other costs
190. Accounts and reports
191. Compensation

Part 13--Legal proceedings

Division 1--Application

192. Application of pt 13

Division 2--Evidence

193. Appointments and authority
194. Signatures
195. Evidentiary provisions
196. Positive notice card is evidence of holding positive notice

Division 3--Proceedings

197. Indictable and summary offences
198. Proceedings for indictable offences
199. Limitation on who may summarily hear indictable offence proceedings
200. Proceeding for offences
201. When proceeding may start
202. Allegations of false or misleading information or document
203. Forfeiture on conviction
204. Dealing with forfeited thing
205. Responsibility for acts or omissions of representative
206. Executive officers must ensure corporation complies with Act

Part 14--Reviews and appeals

Division 1--Reviewable decisions

207. Reviewable decisions
208. Chief executive must give notice after making reviewable decision

Division 2--Review of decision

209. Application for review
210. Stay of operation of original decision
211. Review decision

Division 3--Appeal against decision

212. Appeal against review decision
213. Appeal is by way of rehearing

Part 15--Miscellaneous

Division 1--Records

214. Funded non-government service provider must keep records

Division 1A--Locking of gates, doors and windows

214A. Application of div 1A
214B. Definitions for div 1A
214C. Immunity from liability—relevant service provider
214D. Immunity from liability—individual acting for relevant service provider
214E. Department's policy about locking of gates, doors and windows

Division 2--Other matters

215. Disability service plans for departments
216. Establishment of Ministerial advisory committees
217. Membership of advisory committee
218. Dissolution
219. Other matters
220. Person with a disability must advise chief executive about compensation
221. Confidentiality of information about criminal history and related information
222. Confidentiality of other information
223. Power to require information or documents
224. Protection from liability for giving information
225. Chief executive to advise on-disclosure
226. Chief executive may enter into arrangement about giving and receiving information with police commissioner
227. Delegation by Minister
228. Delegation by chief executive
229. Protecting officials from liability
230. Approval of forms
231. Service of documents
232. Regulation-making power
233. Review of Act
233A. Review of Guardianship and Administration Act 2000, ch 5B

Part 16--Repeal and transitional provisions

Division 1--Repeal

234. Repeal of Disability Services Act 1992

Division 2--Transitional provisions for Act No. 12 of 2006

235. Definitions for div 2
236. Screening of persons engaged by funded non-government service providers at the commencement
237. Certain non-government service providers taken to be approved under part 6 and to be funded non-government service providers
238. When grants of financial assistance under the repealed Act continue
239. Queensland disability service standards to continue in force
240. Disability sector quality system to continue in force

Division 3--Transitional provisions for Disability Services and Other Legislation Amendment Act 2008
Subdivision 1--Preliminary

241. Interpretation
Subdivision 2--Immunity from liability for use of restrictive practices before commencement
242. Immunity of previous service provider
243. Immunity of individual acting for previous service provider
Subdivision 3--Immunity from liability for use of restrictive practices during transitional period
244. Immunity of relevant service provider
245. Requirement to assess adult if no authorised guardian
246. Immunity for individual acting for relevant service provider
247. Relationship of subdivision with pt 10A
248. Circumstances in which subdivision stops applying
Subdivision 4--Other provisions
249. Requirements for department's policy about use of restrictive practices during transitional period
250. Short term approvals not to be given during transitional period

Division 3--Transitional provision for Criminal Code and Other Acts Amendment Act 2008
241. References in schs 3 and 5 to Criminal Code offence
SCHEDULE 2 REVIEWABLE DECISIONS
SCHEDULE 3 CURRENT SERIOUS OFFENCES
SCHEDULE 4 REPEALED OR EXPIRED SERIOUS OFFENCES
SCHEDULE 5 CURRENT SERIOUS SEXUAL OR VIOLENT OFFENCES
SCHEDULE 6 REPEALED OR EXPIRED SERIOUS SEXUAL OR VIOLENT OFFENCES
SCHEDULE 7 DICTIONARY
Endnotes

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