DISABILITY SERVICES ACT 2006 - As at 2 February 2024 - Act 12 of 2006
DISABILITY SERVICES ACT 2006
- As at 2 February 2024
- Act 12 of 2006
TABLE OF PROVISIONS
Long Title
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. (Repealed)
10A. References to entity include department
11. What is a disability
12. What are disability services
12A. What are NDIS supports or services
13. Meaning of service provider
14. Meaning of funded service provider
15. Meaning of NDIS service provider
16. Meaning of NDIS sole trader and State sole trader
16A. (Repealed)
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
36. Purpose of pt 4
37. Definitions for pt 4
38. Approval for funding
39. Individual funding agreement
PART 5 - DISABILITY WORKER SCREENING AND RELATED REQUIREMENTS
Division 1 - Preliminary
Subdivision 1 - General
40. Main purposes of part
41. Paramount consideration
41A. (Repealed)
42. Part applies despite Criminal Law (Rehabilitation of Offenders) Act 1986
43. Exemption for secondary school student on work experience
Subdivision 2 - Interpretation
44. When a person is engaged to carry out work for entity
44A. (Repealed)
45. Meaning of NDIS disability work and risk-assessed NDIS work
46. Key personnel of NDIS service provider taken to be engaged in risk-assessed NDIS work
47. Meaning of State disability work
48. When person is engaged to carry out State disability work
49. Particular members or officers taken to be engaged in State disability work for funded service provider
50. Meaning of clearance and types of clearances
51. Meaning of exclusion and types of exclusions
52. Meaning of notifiable person
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
139. Purpose of part
140. Application of part
141. Principles for performing functions etc.
142. Principles for providing disability services or NDIS supports or services to particular adults
143. Explanation of operation of pt 6
144. Definitions for part
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
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
215. Funded service provider or NDIS service provider must keep records
Division 2 - Locking of gates, doors and windows
216. Application of division
217. Definitions for division
218. Immunity from liability—division 2 service provider
219. Immunity from liability—individual acting for division 2 service provider
220. Department’s policy about 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
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 - (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)
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
