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 funded non-government service provider
   16A.    Meaning of NDIS non-government service provider

           Part 2--Disability rights

           Division 1--Human rights principle

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

           Division 2--Service delivery principles

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

           Part 3--Complaints about the delivery of disability services by funded service providers

   33.     Complaints by consumers
   34.     Chief executive may refer matters to complaints agency
   35.     Complaints agency to inform chief executive about actions taken for complaint

           Part 4--Funding to people with a disability

   36.     Purpose of pt 4
   37.     Definitions for pt 4
   38.     Approval for funding
   39.     Individual funding agreement

           Part 5--Screening of particular persons engaged by department or particular funded service providers

           Division 1--Preliminary

   40.     Main purpose of pt 5
   41.     Safety of people with a disability to be paramount consideration
   42.     This part does not apply to persons engaged to provide disability services to children
   43.     This part does not apply to registered health practitioners
   44.     This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986

           Division 2--Interpretation

   45.     Persons engaged by the department at a service outlet
   46.     Persons engaged by a funded non-government service provider or an NDIS non-government service provider at a service outlet
   47.     What is a serious offence
   48.     What is a disqualifying offence

           Division 3--Risk management strategies

   49.     Risk management strategies about persons engaged by funded non-government service providers or NDIS non-government service providers

           Division 4--Screening of persons engaged by the department at a service outlet

   50.     Undertaking screening of persons engaged by department at a service outlet

           Division 5--Issue of prescribed notices for funded non-government service providers and NDIS non-government service providers

   51.     Division does not apply to holders of WWC positive notice
   52.     Application for prescribed notice
   53.     Notice of change of engagement, or name and contact details in prescribed notice application
   54.     Decision on application
   55.     Decision-making under s 54 in relation to discretionary matters
   56.     Actions of chief executive after making decision on application
   57.     Chief executive to invite submissions from engaged person about particular information
   58.     Currency of prescribed notice and positive notice card

           Division 6--Issue of exemption notices for funded non-government service providers and NDIS non-government service providers

   59.     Application for exemption notice
   60.     Notice of change of engagement, or name and contact details in exemption notice application
   61.     Decision on application
   62.     Obtaining advice from chief executive (employment screening)
   63.     Actions of chief executive after making decision on application
   64.     Currency of exemption notice

           Division 7--Obligations and offences relating to prescribed notices and exemption notices
           Subdivision 1--Engagement of persons by funded non-government service provider or NDIS non-government service provider

   65.     Starting engagement of certain regular engaged persons other than volunteers
   66.     Starting engagement of new engaged persons other than volunteers
   67.     Continuing engagement of persons other than volunteers
   68.     Starting engagement of volunteers
   69.     Currency of prescribed notice for volunteer continuing engagement
   70.     Prohibited engagement
           Subdivision 2--Obligations if holder of negative notice or negative exemption notice, or prescribed notice or exemption notice application is withdrawn
   71.     Person holding negative notice or negative exemption notice not to apply for, or start or continue in, regulated engagement etc.
   72.     Person who has withdrawn consent to screening not to start or continue in regulated engagement
           Subdivision 3--Changes in police information
   73.     Acquiring police information
   74.     Effect of conviction for serious offence
   75.     Change in police information of person engaged by funded non-government service provider or NDIS non-government service provider
   76.     Change in police information of person engaged by department
   77.     Change in police information of other persons
           Subdivision 4--General
   78.     False or misleading disclosure
   79.     False or misleading documents
   80.     Return of cancelled positive notice to chief executive
   81.     Return of cancelled positive exemption notice to chief executive

           Division 8--Cancellation of prescribed notices and exemption notices etc.

   82.     Cancellation of negative notice or negative exemption notice and issuing of positive notice or positive exemption notice
   83.     Chief executive may cancel a prescribed notice and substitute another prescribed notice
   84.     Chief executive may cancel an exemption notice and substitute another exemption notice
   85.     Cancellation of positive notice if relevant disqualified person
   86.     Suspension of positive notice if charged with disqualifying offence or subject to temporary or interim order
   87.     Ending of suspension and issue of further prescribed notice
   88.     Suspension of a positive exemption notice if WWC positive notice suspended
   89.     Ending of suspension and issue of further exemption notice or prescribed notice
   90.     Notifying holder of expiry of positive exemption notice
   91.     Request to cancel positive notice or positive exemption notice
   92.     Replacement of positive notice, positive notice card or positive exemption notice
   93.     Change of details for positive notice, positive notice card or positive exemption notice
   94.     Replacement notice etc. if change in engagement details

           Division 9--Persons who hold or held a WWC positive notice

   95.     Application of div 8 to person who holds WWC positive notice and prescribed notice
   96.     Person who holds negative exemption notice but no longer holds WWC positive notice

           Division 10--Disqualified persons

   97.     Who is a disqualified person
   98.     Offences for disqualified person
   99.     Application for an eligibility declaration
   100.    Notice of change of name and contact details in eligibility application
   101.    Chief executive's decision on eligibility application
   102.    Eligibility declaration taken to have been issued
   103.    Withdrawing eligibility application generally
   104.    Deemed withdrawal of eligibility application if identity can not be established
   105.    Deemed withdrawal of eligibility application if particular requests not complied with
   106.    Expiry of eligibility declaration
   107.    Reversal of decision refusing an eligibility declaration

           Division 11--Miscellaneous
           Subdivision 1--Reviews and appeals against particular decisions

   108.    Definitions for sdiv 1
   109.    Person may apply for review of part 5 reviewable decision
   110.    Effect of applicant for a review becoming a disqualified person
           Subdivision 2--Provisions about investigative information
   111.    Police commissioner may decide that information about a person is investigative information
   112.    Delegation by police commissioner of power under s 111 restricted
   113.    Decision by police commissioner that information is investigative information
   114.    Court to decide matters afresh
   115.    Consequence of decision on appeal
           Subdivision 3--Obtaining police information or information related to police information about a person
   116.    Persons to whom ss 117 and 118 applies
   117.    Chief executive may obtain information from police commissioner
   118.    Obtaining information from director of public prosecutions
   119.    Obtaining information from chief executive (corrective services)
           Subdivision 4--Obtaining report about person's mental health
   120.    Application of sdiv 4
   121.    Chief executive may request person to undergo examination by registered health practitioner etc.
   122.    Nominating registered health practitioner to conduct examination
   123.    Registered health practitioner obtaining information from Mental Health Court
   124.    Registered health practitioner obtaining information from Mental Health Review Tribunal
   125.    Use of information obtained from Mental Health Court or Mental Health Review Tribunal
   126.    Chief executive may obtain report about person's mental health from registered health practitioner
   127.    Chief executive to bear medical costs
           Subdivision 5--Obtaining other information about person's mental health
   128.    Chief executive may obtain particular information from Mental Health Court
   129.    Chief executive may obtain particular information from Mental Health Review Tribunal
           Subdivision 6--Obtaining information about changes in police information
   130.    Notice of change in police information about a person
           Subdivision 7--Other miscellaneous provisions
   131.    Chief executive to give notice to funded non-government service provider or NDIS non-government service provider about making screening decision about engaged person
   132.    Withdrawal of engaged person's consent to screening
   133.    Compliance with requirement to end, or not start, a person's engagement
   134.    Guidelines for dealing with information
   135.    Use of information obtained under this part about a person
   136.    Chief executive must give police commissioner a person's current address
   137.    Disqualification order
   138.    Register of persons engaged by particular entities or for whom particular applications are made

           Part 6--Positive behaviour support and restrictive practices

           Division 1--Preliminary

   139.    Purpose of pt 6
   140.    Service providers to which pt 6 applies
   141.    Principles for performing functions etc.
   142.    Principles for providing disability services to particular adults
   143.    Explanation of operation of pt 6
   144.    Definitions for pt 6
   145.    Meaning of chemical restraint
   146.    Meaning of contain
   147.    Meaning of mechanical restraint

           Division 2--Important concepts for using restrictive practices

   148.    Assessment of an adult
   149.    Who is appropriately qualified to assess an adult
   150.    What is a positive behaviour support plan

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

   151.    Containing or secluding an adult under containment or seclusion approval
   152.    Containing or secluding an adult for respite services or community access services
   153.    Containing or secluding an adult under short term approval
   154.    Containing or secluding an adult before decision on short term approval
           Subdivision 2--Multidisciplinary assessment and development of positive behaviour support plan
   155.    Application of sdiv 2
   156.    Chief executive to decide whether multidisciplinary assessment of adult will be conducted
   157.    Notice of decision not to conduct assessment
   158.    Development of positive behaviour support plan following assessment
   159.    Participation of psychiatrist or senior practitioner in development of plan
           Subdivision 3--Changing a positive behaviour support plan
   160.    Application of sdiv 3
   161.    Who may change positive behaviour support plan
   162.    When chief executive must decide whether positive behaviour support plan should be changed
   163.    Requirements for chief executive's decision about whether change should be made
   164.    Action of chief executive after deciding whether change should be made
           Subdivision 4--General requirements for containment or seclusion
   165.    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

   166.    Using chemical, mechanical or physical restraint, or restricting access, with consent of guardian etc.
   167.    Using chemical, mechanical or physical restraint, or restricting access, for respite services or community access services
   168.    Using chemical restraint (fixed dose) for respite services
   169.    Using chemical, mechanical or physical restraint, or restricting access, if consent ended
   170.    Using chemical, mechanical or physical restraint, or restricting access, under short term approval
   171.    Using chemical, mechanical or physical restraint, or restricting access, before decision on short term approval
           Subdivision 2--Assessment of adult and positive behaviour support plan
   172.    Application of sdiv 2
   173.    Requirements for development of positive behaviour support plan—assessment and consultation
   174.    Changing a positive behaviour support plan
   175.    Requirement for relevant service provider to consider whether plan should be changed
           Subdivision 3--Requirements if adult subject to forensic order, treatment support order or treatment authority
   176.    Requirement for relevant service provider to notify guardian
   177.    Requirement for relevant service provider to notify relevant director
           Subdivision 4--Short term approvals given by chief executive
   178.    Short term approval for use of restrictive practices other than containment or seclusion
   179.    Period for which short term approval has effect

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

   180.    Purpose of div 5
   181.    Requirement to develop respite/community access plan
   182.    Obtaining information about the adult
   183.    Consultation
   184.    Risk assessment

           Division 6--Review of particular chief executive decisions

   185.    Application of div 6
   186.    Definitions for div 6
   187.    Application for review by chief executive
   188.    Review of relevant decision

           Division 7--Miscellaneous provisions
           Subdivision 1--Immunity for use of restrictive practices

   189.    Immunity from liability—relevant service provider
   190.    Immunity from liability—individual acting for relevant service provider
           Subdivision 2--Requirements for relevant service providers
   191.    Requirement to give statement about use of restrictive practices
   192.    Requirement to give information to guardian or informal decision-maker
   193.    Requirement to keep and implement procedure
   194.    Requirement to keep records and other documents
   195.    Notification requirements about approvals given for use of restrictive practices
           Subdivision 3--Confidentiality provisions
   196.    Definitions for sdiv 3
   197.    Relevant service provider may request confidential information from health professional, chief executive (health) or health service chief executive
   198.    Relevant service providers must maintain confidentiality
           Subdivision 4--Reporting and provision of particular information
   199.    Requirement to give information about use of restrictive practice to chief executive
   200.    Chief executive may give information about use of restrictive practice

           Part 6A--Investigation, monitoring and enforcement

           Division 1--Preliminary

   200A.   Purpose of part
   200B.   References to exercise of powers
   200C.   Reference to document includes reference to reproductions from electronic document

           Division 2--Functions of authorised officers

   200D.   Existing functions of authorised officers in relation to funding
   200E.   Additional functions of authorised officers in relation to NDIS non-government service providers

           Division 3--Powers of authorised officers for particular functions
           Subdivision 1--Preliminary

   200F.   Application of division for particular functions
           Subdivision 2--General power of entry
   200G.   General power to enter places
           Subdivision 3--Entry by consent
   200H.   Application of subdivision
   200I.   Incidental entry to ask for access
   200J.   Matters authorised officer must tell occupier
   200K.   Consent acknowledgement
           Subdivision 4--Entry under warrant
   200L.   Application for warrant
   200M.   Issue of warrant
   200N.   Electronic application
   200O.   Additional procedure if electronic application
   200P.   Defect in relation to a warrant
   200Q.   Entry procedure
           Subdivision 5--General powers of authorised officer after entering place
   200R.   Application of subdivision
   200S.   General powers
   200T.   Power to require reasonable help
   200U.   Offence to contravene help requirement
   200V.   Failure to answer questions
           Subdivision 6--Additional information-obtaining power
   200W.   Power to require information
   200X.   Offence to contravene information requirement

           Part 7--Legal proceedings

           Division 1--Application

   201.    Application of pt 7

           Division 2--Evidence

   202.    Appointments and authority
   203.    Signatures
   204.    Evidentiary provisions
   205.    Positive notice card is evidence of holding positive notice

           Division 3--Proceedings

   206.    Indictable and summary offences
   207.    Proceedings for indictable offences
   208.    Limitation on who may summarily hear indictable offence proceedings
   209.    Proceeding for offences
   210.    When proceeding may start
   211.    Allegations of false or misleading information or document
   212.    Forfeiture on conviction
   213.    Dealing with forfeited thing
   214.    Responsibility for acts or omissions of representative

           Part 8--Miscellaneous

           Division 1--Records

   215.    Funded non-government service provider or NDIS non-government service provider must keep records

           Division 2--Locking of gates, doors and windows

   216.    Application of div 2
   217.    Definitions for div 2
   218.    Immunity from liability—relevant service provider
   219.    Immunity from liability—individual acting for relevant service provider
   220.    Department's policy about locking of gates, doors and windows

           Division 3--Other matters

   221.    Disability service plans for departments
   222.    Establishment of Ministerial advisory committees
   223.    Membership of advisory committee
   224.    Dissolution
   225.    Other matters
   226.    Person with a disability must advise chief executive about compensation
   227.    Confidentiality of information about criminal history and related information
   228.    Confidentiality of other information
   229.    Power to require information or documents
   230.    Protection from liability for giving information
   231.    Chief executive to advise on-disclosure
   232.    Chief executive may enter into arrangement about giving and receiving information with police commissioner
   233.    Chief executive may enter into arrangements about giving and receiving information about eligible persons
   234.    Delegation by Minister
   235.    Delegation by chief executive
   236.    Protecting officials from liability
   237.    Approval of forms
   238.    Service of documents
   239.    Regulation-making power
   240.    Review of Act
   241.    Review of Guardianship and Administration Act 2000, ch 5B
   241A.   Review of impact of NDIS on Act
   241B.   Expiry of pt 6A

           Part 9--Repeal and transitional provisions

           Division 1--Repeal

   242.    Repeal of Disability Services Act 1992

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

   243.    Definitions for div 2
   244.    Screening of persons engaged by funded non-government service providers at the commencement
   245.    Certain non-government service providers taken to be approved under part 6 and to be funded non-government service providers
   246.    When grants of financial assistance under the repealed Act continue
   247.    Queensland disability service standards to continue in force
   248.    Disability sector quality system to continue in force

           Division 3--Transitional provisions for Disability Services and Other Legislation Amendment Act 2008 and Justice and Other Legislation Amendment Act 2010
           Subdivision 1--Preliminary

   249.    Interpretation
   250.    Declaration about transitional period
           Subdivision 2--Immunity from liability for use of restrictive practices before commencement
   251.    Immunity of previous service provider
   252.    Immunity of individual acting for previous service provider
           Subdivision 3--Immunity from liability for use of restrictive practices during transitional period
   253.    Immunity of relevant service provider
   254.    Requirement to assess adult if no authorised guardian
   255.    Immunity for individual acting for relevant service provider
   256.    Relationship of subdivision with pt 6
   257.    Circumstances in which subdivision stops applying
           Subdivision 4--Other provisions
   258.    Requirements for department's policy about use of restrictive practices during transitional period
   259.    Short term approvals not to be given during transitional period

           Division 4--Transitional provision for Criminal Code and Other Acts Amendment Act 2008

   260.    References in schs 2 and 4 to Criminal Code offence

           Division 5--Transitional provisions for Criminal History Screening Legislation Amendment Act 2010
           Subdivision 1--Preliminary

   261.    Definition for div 5
           Subdivision 2--Transitional provisions relating to previous part 9
   262.    Definitions for sdiv 2
   263.    Notice about change in criminal history not given at the commencement
   264.    Request for prescribed police information not complied with at the commencement
   265.    Particular prescribed police information obtained but not used before commencement
   266.    Notice not given by prosecuting authority at the commencement
   267.    Use of particular information obtained before commencement
           Subdivision 3--Transitional provisions relating to particular amendments of part 5
   268.    Explanation of sdiv 3
   269.    Definitions for sdiv 3
   270.    New serious offences
   271.    Existing applications for prescribed notice
   272.    Continuation if chief executive acting on own initiative
   273.    Replacement of positive notice or positive notice card
   274.    Existing reviews and appeals
   275.    Police commissioner's decision that information is investigative information
   276.    References to exemption notices etc.
   277.    References to eligibility declarations etc.
           Subdivision 4--Transitional provisions relating to other amendments of part 5
   278.    Explanation of sdiv 4
   279.    Definitions for sdiv 4
   280.    Obtaining particular information from police commissioner about particular persons
   281.    Existing applications for prescribed notice about a disqualified person who is not a relevant disqualified person
   282.    Existing applications for prescribed notice about a relevant disqualified person
   283.    Other existing applications for prescribed notice
   284.    Existing positive notices held by disqualified persons who are not relevant disqualified persons
   285.    Existing positive notices held by relevant disqualified person because of temporary or interim order
   286.    Existing positive notices held by other relevant disqualified person
   287.    Currency of existing prescribed notices
   288.    Existing applications to cancel negative notice by relevant disqualified person
   289.    Other existing applications to cancel a negative notice
   290.    Continuation if chief executive acting on own initiative
   291.    Application of s 97 and sch 8, definition relevant disqualified person
   292.    Application of s 98
   293.    Existing reviews and appeals by disqualified person
   294.    Other existing reviews and appeals
   295.    Disqualification orders for acts done or omissions made before commencement
   296.    Continuing engagement of volunteers
   297.    Provision about persons engaged to provide disability services only to children
   298.    Provision about holders of CCYPCG positive notice
           Subdivision 5--Other transitional provision
   299.    References to Youth Justice Act 1992

           Division 6--Provision for the Health Practitioner Registration and Other Legislation Amendment Act 2013

   300.    Application of pt 5 to former registered speech pathologist

           Division 7--Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013
           Subdivision 1--Interpretation

   301.    Definitions for div 7
           Subdivision 2--Prescribed notice applications and prescribed notices
   302.    Existing prescribed notice application by new relevant disqualified person
   303.    Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person
   304.    Other existing prescribed notice applications
   305.    Current positive notice for new relevant disqualified person
   306.    Current positive notice for new disqualified person other than new relevant disqualified person
   307.    Other current positive notices
           Subdivision 3--Exemption notice applications and exemption notices
   308.    Existing exemption notice application by new relevant disqualified person or person charged with a new disqualifying offence
   309.    Existing exemption notice application if person is new disqualified person but not new relevant disqualified person
   310.    Other existing exemption notice applications
   311.    Current positive exemption notice for person whose CCYPCG positive notice is cancelled
   312.    Other positive exemption notices
           Subdivision 4--Existing applications for cancellation or ending suspension of prescribed notices and exemption notices
   313.    Existing applications to cancel negative notice or negative exemption notice
   314.    Existing application to end suspension of positive notice for person other than new relevant disqualified person
   315.    Existing application to end suspension of positive exemption notice for person other than new relevant disqualified person
           Subdivision 5--Eligibility applications and eligibility declarations
   316.    Existing eligibility application
   317.    Current eligibility declaration for new relevant disqualified person or person charged with new disqualifying offence
   318.    Current eligibility declaration for person convicted of new serious offence
   319.    Other eligibility declarations
   320.    Existing application for reversal of decision refusing an eligibility declaration
           Subdivision 6--Reviews and appeals
   321.    Undecided reviews and appeals by new disqualified persons
   322.    Review of part 5 reviewable decision about new disqualified person
   323.    Appeal by new disqualified person against decision of tribunal on review of part 5 reviewable decision
   324.    Existing appeal by chief executive against decision of tribunal on review of part 5 reviewable decision
   325.    Appeal by chief executive against decision of tribunal on review of part 5 reviewable decision
   326.    Existing reviews and appeals against part 5 reviewable decisions by persons other than new disqualified persons
   327.    Review of part 5 reviewable decision about person other than new disqualified person
           Subdivision 7--Miscellaneous
   328.    Chief executive acting on own initiative
   329.    Disqualification orders for acts done or omissions made before commencement
   330.    Effect of conviction or charge for new disqualifying offence

           Division 8--Transitional provision for Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014

   331.    Notice about use of restrictive practices

           Division 9--Transitional provisions for Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014

   332.    Definitions for div 9
   333.    Funding agreements continue in force
   334.    Obligation to enter agreement about assistance continues
   335.    Contraventions of funding agreement or Act before commencement
   336.    Interim managers
   337.    Confidentiality obligation continues to apply to authorised officers and interim managers
   338.    Reviews

           Division 10--Transitional provisions for Disability Services and Other Legislation Amendment Act 2016

   339.    Warrant may be executed
   340.    Offences against pt 6A may continue to be prosecuted
           SCHEDULE 2--CURRENT SERIOUS OFFENCES
           SCHEDULE 3--REPEALED OR EXPIRED SERIOUS OFFENCES
           SCHEDULE 4--CURRENT DISQUALIFYING OFFENCES
           SCHEDULE 5--REPEALED OR EXPIRED DISQUALIFYING OFFENCES
           SCHEDULE 6--OFFENCES THAT MAY FORM BASIS OF INVESTIGATIVE INFORMATION
           SCHEDULE 7--REPEALED OR EXPIRED OFFENCES THAT MAY FORM BASIS OF INVESTIGATIVE INFORMATION
           SCHEDULE 8--DICTIONARY


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