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DISABILITY SERVICES ACT 2006 - As at 2 February 2024 - Act 12 of 2006

- As at 2 February 2024 - Act 12 of 2006

Table of Provisions

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

PART 2 - DISABILITY RIGHTS

Division 1 - Human rights principle

  • 17 Entities encouraged to have regard to human rights principle
  • 18 Principle that people with 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 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 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 PARTICULAR SERVICE PROVIDERS

  • 32A Application of part
  • 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 DISABILITY

PART 5 - DISABILITY WORKER SCREENING AND RELATED REQUIREMENTS

Division 1 - Preliminary

Subdivision 1 - General

Division 2 - Requirements related to persons carrying out disability work

Subdivision 1 - NDIS disability work
  • 53 Registered NDIS provider engaging person to carry out risk-assessed NDIS work
  • 54 Carrying out risk-assessed NDIS work without NDIS clearance or interstate NDIS clearance prohibited
  • 55 Engaging person with NDIS exclusion or interstate NDIS exclusion prohibited
  • 56 Engaging person with suspended NDIS clearance or interstate NDIS clearance, or subject to interim bar, prohibited
  • 57 Holder of NDIS exclusion or interstate NDIS exclusion prohibited from carrying out NDIS disability work
  • Subdivision 2 - State disability work
  • 58 Funded service provider must prepare annual risk management strategy
  • 59 Funded service provider engaging person to carry out State disability work
  • 60 Engaging person with suspended clearance, or subject to interim bar, prohibited
  • 61 Carrying out State disability work without clearance prohibited
  • Subdivision 3 - General
  • 62 No contravention of particular requirements in absence of notice
  • 63 Complying with requirement to end, or not start, person’s engagement

Division 3 - Disability worker screening applications

Subdivision 1 - Prohibited disability worker screening applications
  • 64 Application by exclusion holder prohibited
  • Subdivision 2 - Applications generally
  • 65 Application related to NDIS disability work
  • 66 Application related to State disability work
  • 67 Application combined with working with children check application
  • 67A. (Repealed) 67B. (Repealed)
  • 68 Form of application
  • 69 Chief executive may request further information
  • 69A. (Repealed)
  • 70 Applicant must give notice of change in information
  • 71 Notice of change in police information or risk assessment matter
  • 72 Expired clearance continues in force pending decision
  • 73 Holder of expired interstate NDIS clearance taken to hold NDIS clearance pending decision
  • Subdivision 3 - Withdrawal of application
  • 74 Notice of withdrawal
  • 75 Withdrawal by applicant
  • 76 Refusal to withdraw by chief executive
  • 77 Request to withdraw combined application
  • 78 Withdrawal because identity can not be established
  • 79 Withdrawal because of failure to comply with particular requests
  • 80 Withdrawal of NDIS worker screening application in particular circumstances
  • Subdivision 4 - Interim bar for particular applicants
  • 81 Application of subdivision
  • 82 Chief executive must impose interim bar on applicant
  • 83 Notifiable persons and potential employers notified about interim bar
  • 84 Effect of interim bar
  • 85 When interim bar ends

Division 4 - Dealing with and deciding application

Subdivision 1 - Preliminary
  • 86 Application of division
  • 87 Dealing with application
  • 88 Information to be considered
  • Subdivision 2 - Deciding application
  • 89 Deciding application—no relevant information
  • 90 Deciding application—disqualified person
  • 91 Deciding application—exceptional circumstances for adult offender
  • 92 Deciding application—general assessment of risk posed
  • Subdivision 3 - Assessing risk person poses to people with disability
  • 93 How chief executive conducts risk assessment
  • 94 Matters to consider
  • 95 Action before making adverse decision
  • 96 Requirements for show cause notice
  • Subdivision 4 - Steps after application decided
  • 97 Application of subdivision
  • 98 Issuing clearance and clearance card
  • 99 Issuing exclusion
  • 100 Notifiable persons and potential employers notified about decision
  • 101 Term of clearance
  • 102 Term of exclusion

Division 5 - General provisions about clearances

Subdivision 1 - Change in information
  • 103 Clearance holder to notify if no longer carrying out work as volunteer or on unpaid basis
  • 104 Clearance holder to notify change in other information
  • Subdivision 2 - Replacement of clearance card
  • 105 Replacement of lost or stolen card
  • 106 Replacement for change of name, contact details or volunteer or unpaid status
  • 107 Requirement to return replaced card

Division 6 - Reassessment, suspension or cancellation of clearance

Subdivision 1 - Reassessment of risk of harm to people with disability
  • 108 Reassessment of risk of harm posed by holder of clearance
  • 109 Application of div 4, sdiv 3 to conducting risk assessment
  • 109A. (Repealed) Subdivision 2 - Suspension of clearance
  • 110 Application of subdivision
  • 111 Chief executive must suspend clearance
  • 112 Notifiable persons and potential employers notified about suspension
  • 113 Effect of suspension of clearance
  • 114 When suspension of clearance ends
  • 115 Deciding whether to cancel suspended clearance
  • 116 Application to chief executive to end suspension of clearance
  • 117 Chief executive decides to cancel suspended clearance
  • 118 Chief executive decides not to cancel suspended clearance
  • Subdivision 3 - Cancelling clearance by chief executive
  • 119 Cancelling clearance—disqualified person
  • 120 Cancelling clearance—wrong or incomplete information
  • 121 Cancelling clearance—new relevant information
  • 122 Action after decision
  • 123 Notifiable persons and potential employers notified about cancellation
  • 123I. (Repealed) 123ZM. (Repealed) 123ZN. (Repealed) 123ZT. (Repealed) 123ZU. (Repealed) 123ZV. (Repealed) 123ZW. (Repealed) Subdivision 4 - Cancelling clearance on holder’s request
  • 124 Request to cancel clearance
  • 125 Refusal to cancel clearance
  • 126 Cancellation of clearance
  • 127 Notifiable persons and potential employers notified about cancellation
  • Subdivision 5 - Return of clearance card
  • 128 Requirement to return suspended or cancelled card

Division 7 - Cancellation of exclusion

  • 129 Application of div 4, sdiv 3 to conducting risk assessment
  • 130 Application to cancel exclusion
  • 131 Form of application
  • 132 Cancellation on application
  • 133 Other cancellation of exclusion
  • 134 Action after decision to cancel exclusion
  • 135 Notice of decision to refuse application

Division 8 - Provisions about obtaining, giving and dealing with information

Subdivision 1 - Preliminary
  • 136 Meaning of relevant person
  • 137 Chief executive may disclose information about relevant persons
  • 138 Information that need not be given
  • Subdivision 2 - Obtaining police information and related information from police commissioner
  • 138A Provision about police commissioner’s obligation to provide information
  • 138B Meaning of criminal history event
  • 138C Chief executive’s request for police information about relevant person
  • 138D Chief executive’s request for domestic violence information about relevant person
  • 138E Police commissioner must notify change in police information
  • 138F Particular information to be given about orders and applications for orders refused
  • 138G Person to be notified if investigative information given
  • 138H Use of information given to police commissioner
  • Subdivision 3 - Provisions about investigative information
  • 138I Police commissioner may decide information is investigative information
  • 138J Appealing investigative information decision
  • 138K Court to decide matter afresh
  • 138L Consequence of decision on appeal
  • Subdivision 4 - Obtaining police information from other State entities
  • 138M Obtaining information from director of public prosecutions
  • 138N Obtaining information from chief executive (corrective services)
  • Subdivision 5 - Obtaining disciplinary and other information from particular entities
  • 138O Meaning of disciplinary information and disciplinary action
  • 138P Request for information about disciplinary action against relevant person
  • 138Q State entity must comply with request for disciplinary information
  • 138R Request for other information about relevant person from prescribed entities
  • 138S State entity must update disciplinary information
  • Subdivision 6 - Obtaining information about person’s mental health
  • 138T Application of subdivision
  • 138U Request to relevant person for consent to preparation of report about person’s mental health
  • 138V Obtaining report about person’s mental health from registered health practitioner
  • 138W Chief executive to bear medical costs
  • 138X Request for consent to obtain information from Mental Health Court or Mental Health Review Tribunal
  • 138Y Obtaining information from Mental Health Court
  • 138Z Obtaining information from Mental Health Review Tribunal
  • 138ZA Chief executive must give information to registered health practitioner
  • 138ZB Information that cannot be disclosed to relevant person under confidentiality order
  • 138ZC Further restrictions on chief executive’s use of information
  • 138ZD Giving information authorised despite other laws
  • 138ZE Information that must not be given
  • Subdivision 7 - Giving information to other worker screening units and NDIS commission
  • 138ZF Application of subdivision
  • 138ZG Giving information to chief executive (working with children)
  • 138ZH Giving information to NDIS worker screening unit or working with children screening unit
  • 138ZI Giving information to NDIS commission
  • Subdivision 8 - Giving information about person engaged in State disability work to particular entities
  • 138ZJ Authorised entities for person
  • 138ZK Chief executive may give authorised entities particular information
  • 138ZL Use of information obtained under section 138ZK about person
  • Subdivision 9 - Other provisions
  • 138ZM Chief executive may advise whether clearance or interstate NDIS clearance is in force
  • 138ZN Arrangements with chief executive (working with children) about asking for and giving information
  • 138ZO Arrangements with police commissioner or other entity about asking for and giving information
  • 138ZP Guidelines for dealing with information
  • 138ZQ Chief executive must give person’s current address to police commissioner

Division 9 - Review and appeal

  • 138ZR Reviewable decisions and affected persons
  • 138ZS Review process must start with internal review
  • 138ZT Who may apply for internal review
  • 138ZU Requirements for application
  • 138ZV Internal review
  • 138ZW Applying for external review
  • 138ZX Stay of operation of particular tribunal decisions
  • 138ZY Effect of applicant for review becoming disqualified person

Division 10 - Miscellaneous provisions

  • 138ZZ False or misleading information
  • 138ZZA Chief executive may arrange for use of information system
  • 138ZZB Notice given to notifiable person by NDIS commission

Division 11 - (Repealed)

PART 6 - POSITIVE BEHAVIOUR SUPPORT AND RESTRICTIVE PRACTICES

Division 1 - Preliminary

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
  • 150A Authorisation of containment or seclusion
  • 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
  • 165A Authorisation of 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 Note—
  • 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
  • 183A Other requirements for developing respite/community access plan
  • 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 Note—
  • 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 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 Clearance card is evidence of clearance

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

Division 2 - Locking of gates, doors and windows

Division 2A - (Expired)

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 disability must advise chief executive about compensation
  • 227 Confidentiality of police, disciplinary, mental health and other protected 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. (Repealed)
  • 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
  • 241AA Review of particular matters
  • 241B. (Repealed)

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

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 - (Repealed)

Division 11 - Transitional provisions for Disability Services and Other Legislation (Worker Screening) Amendment Act 2018

  • 341 Definitions for division
  • 342 Prescribed notices or exemption notices issued to sole traders before commencement
  • 343 Certification by prescribed persons before commencement
  • 344 Delayed application of particular provisions

Division 12 - Transitional provisions for Disability Services and Other Legislation (NDIS) Amendment Act 2019

Subdivision 1 - Preliminary
  • 345 Definitions for division
  • Subdivision 2 - Screening
  • 345A Effect of pre-commencement charge for serious offence
  • 345B Effect of conviction or charge for new serious offence
  • 346 Effect of conviction or charge for new disqualifying offence
  • 346A Effect of conviction for new disqualifying offence on existing positive notice or positive exemption notice
  • 347 Particular existing prescribed notice applications and exemption notice applications
  • 348 Existing positive notice held by person convicted of new serious offence or new disqualifying offence
  • 349 Existing positive exemption notice held by person convicted of new serious offence or new disqualifying offence
  • 350 Existing applications to cancel negative notices or negative exemption notices
  • 351 Particular existing applications to end suspension of positive notices
  • 352 Particular existing applications to end suspension of positive exemption notices
  • 353 Existing eligibility applications
  • 354 Particular existing eligibility declarations
  • 355 Existing application for reversal of decision refusing an eligibility declaration
  • 356 Undecided reviews and appeals by new disqualified persons
  • 357 Review of part 5 reviewable decision about new disqualified person
  • 358 Appeal by new disqualified person against decision of tribunal on review of part 5 reviewable decision
  • 359 Existing appeal by chief executive against decision of tribunal on review of part 5 reviewable decision
  • 360 Appeal by chief executive against decision of tribunal on review of part 5 reviewable decision
  • 361 Disqualification orders for new disqualifying offences committed before commencement
  • Subdivision 3 - Immunity from liability
  • 362 Definition for subdivision
  • 363 Immunity from liability—use of restrictive practices before commencement
  • 364 Immunity from liability—locking gates, doors and windows before commencement
  • Subdivision 4 - Repeal of particular provisions
  • 365 Repeal of former ss 339 and 340
  • Subdivision 5 - (Expired)

Division 13 - Transitional provisions for Disability Services and Other Legislation (Worker Screening) Amendment Act 2020

Subdivision 1 - Preliminary
  • 367 Definitions for division
  • 368 Particular terms having meaning given under unamended Act
  • Subdivision 2 - Existing prescribed notices, exemption notices, prescribed notice applications and exemption notice applications
  • 369 Existing positive notice and positive notice card
  • 370 Existing suspension of positive notice or positive exemption notice
  • 371 Existing current negative notice or current negative exemption notice
  • 372 Existing prescribed notice application or exemption notice application
  • 373 Existing consent to screening by person engaged by department
  • 374 Dealing with and deciding transitioned applications
  • 375 Application of new pt 5 to transitioned applicants
  • Subdivision 3 - Application of new part 5 for particular persons
  • 376 Working with children authority holders
  • 377 Registered health practitioners
  • Subdivision 4 - New disqualifying offences and new serious offences
  • 378 Effect of conviction or charge for new disqualifying offence or new serious offence
  • 379 Existing application to cancel negative notice or negative exemption notice
  • Subdivision 5 - Reassessment of holders of transitioned clearances
  • 380 Reassessment of holder of transitioned clearance
  • Subdivision 6 - Reviews and appeals
  • 381 Definitions for subdivision
  • 382 Undecided reviews or appeals
  • 383 Reviews not started on commencement
  • 384 Appeals not started on commencement
  • 385 Chief executive must make new decision about affected person
  • 386 Undecided appeals about investigative information decisions
  • 387 Appeals about investigative information decisions not started on commencement
  • Subdivision 7 - Other transitional provisions
  • 388 Things done before commencement in relation to prescribed notice or exemption notice
  • 389 Obligations or powers arising before commencement in relation to prescribed notice or exemption notice
  • 390 Particular references in Act or document
  • 391 Eligibility applications and eligibility declarations lapse
  • 392 Continuing obligation of confidentiality
  • 393 (Expired)

PART 11 - (Repealed)

PART 12 - (Repealed)

PART 14 - (Repealed)

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