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DISABILITY SERVICES AND OTHER LEGISLATION (WORKER SCREENING) AMENDMENT ACT 2020 - As at 11 December 2020 - Act 39 of 2020

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement

PART 2 - AMENDMENT OF DISABILITY SERVICES ACT 2006

  • 3 Act amended
  • 4 Amendment of s 6 (Objects of Act)
  • 5 Amendment of s 7 (How objects are mainly achieved)
  • 6 Amendment of s 12 (What are disability services)
  • 7 Insertion of new s 12A
  • 8 Amendment of s 13 (Meaning of service provider)
  • 9 Replacement of ss 15–16A
  • 10 Amendment of s 18 (Principle that people with a disability have the same human rights as others)
  • 11 Replacement of pt 5 (Screening of particular persons engaged by department or particular service providers)
  • 12 Amendment of s 139 (Purpose of pt 6)
  • 13 Amendment of s 140 (Application of part)
  • 14 Replacement of s 205 (Positive notice card is evidence of holding positive notice)
  • 15 Amendment of s 206 (Indictable and summary offences)
  • 16 Amendment of s 207 (Proceedings for indictable offences)
  • 17 Amendment of s 216 (Application of division)
  • 18 Amendment of s 222 (Establishment of Ministerial advisory committees)
  • 19 Replacement of s 227 (Confidentiality of information about criminal history and related information)
  • 20 Amendment of s 228 (Confidentiality of other information)
  • 21 Amendment of s 229 (Power to require information or documents)
  • 22 Omission of s 232 (Chief executive may enter into arrangement about giving and receiving information with police commissioner)
  • 23 Amendment of s 239 (Regulation-making power)
  • 24 Insertion of new pt 9, div 13
  • 25 Replacement of sch 2 (Current serious offences)
  • 26 Amendment of sch 3 (Repealed or expired serious offences)
  • 27 Replacement of sch 4 (Current disqualifying offences)
  • 28 Amendment of sch 5 (Repealed or expired disqualifying offences)
  • 29 Amendment of sch 8 (Dictionary)

PART 3 - AMENDMENT OF WORKING WITH CHILDREN (RISK MANAGEMENT AND SCREENING) ACT 2000

  • 30 Act amended
  • 31 Amendment of s 175 (Clearance required to employ person in regulated employment)
  • 32 Amendment of s 176A (Person prohibited from regulated employment without clearance)
  • 33 Amendment of s 176C (Exemption required to employ police officer or registered teacher in regulated employment)
  • 34 Amendment of s 176E (Police officer or registered teacher prohibited from regulated employment without exemption)
  • 35 Amendment of s 176H (Definitions for division)
  • 36 Insertion of new s 187A
  • 37 Insertion of new s 190A
  • 38 Insertion of new s 193A
  • 39 Insertion of new s 196A
  • 40 Amendment of s 198 (Deemed withdrawal—failure to comply with particular requests)
  • 41 Amendment of s 221 (Deciding application—no conviction or conviction etc. for non-serious offence)
  • 42 Amendment of s 223 (Deciding application—negative notice cancelled or holder of eligibility declaration)
  • 43 Amendment of s 226 (Deciding exceptional case if conviction or charge)
  • 44 Amendment of s 228 (Deciding exceptional case if disciplinary information exists)
  • 45 Amendment of s 229 (Chief executive to invite submissions from person about particular information)
  • 46 Replacement of s 231 (Term of clearance and negative notice)
  • 47 Amendment of s 283 (Deciding application—police officer if further screening not required)
  • 48 Amendment of s 284 (Deciding application—registered teacher if further screening not required)
  • 49 Replacement of s 289 (Term of exemption and negative notice)
  • 50 Amendment of s 304A (Cancelling authority because of subsequent information)
  • 51 Replacement of s 344 (Chief executive must give information about particular holders to chief executive (disability services))
  • 52 Insertion of new s 344C
  • 53 Omission of s 345 (Use of information obtained under this chapter about a person)
  • 54 Amendment of s 350 (Holder must notify change and pay prescribed application fee—volunteer or business carried on other than for financial reward)
  • 55 Amendment of s 384 (Confidentiality of police, disciplinary and mental health information)
  • 56 Replacement of s 385 (Confidentiality of other information)
  • 57 Amendment of s 395 (Reports by chief executive)
  • 58 Amendment of s 401 (Regulation-making power)
  • 59 Replacement of ch 11, pt 20 (Transitional provision for Disability Services and Other Legislation (NDIS) Amendment Act 2019)
  • 60 Amendment of sch 1, s 6 (Health, counselling and support services)
  • 61 Insertion of new sch 1, s 6A
  • 62 Amendment of sch 1, s 16 (Health, counselling and support services)
  • 63 Insertion of new sch 1, s 16A
  • 64 Amendment of sch 7 (Dictionary)

PART 4 - AMENDMENT OF OTHER LEGISLATION

Division 1 - Amendment of Evidence Act 1977

  • 65 Act amended
  • 66 Amendment of s 93AA (Unauthorised possession of, or dealing in, s 93A criminal statements)

Division 2 - Amendment of Police Powers and Responsibilities Act 2000

  • 67 Act amended
  • 68 Replacement of ch 23, pt 1A, hdg (Provision for Working with Children (Risk Management and Screening) Act 2000)
  • 69 Insertion of new s 789B

PART 5 - MINOR AND CONSEQUENTIAL AMENDMENTS

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