DISABILITY INCLUSION ACT 2018

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 4 Interaction with other laws
• 5 Act to bind, and impose criminal liability on, the Crown
• 6 Part 2 not to create legally enforceable rights etc

PART 2--Objects and principles

• 7 Act to support United Nations Convention on the Rights of Persons with Disabilities etc
• 8 Objects
• 9 Principles

PART 3--Administration

• 10 Functions of Chief Executive
• 11 Powers of delegation
• 12 Guidelines

PART 4--State Disability Inclusion Plan

• 13 State Disability Inclusion Plan
• 14 Annual report on operation of State Disability Inclusion Plan
• 15 Review of State Disability Inclusion Plan

PART 5--Disability access and inclusion plans

• 16 Disability access and inclusion plans
• 17 Annual report on operation of disability access and inclusion plan
• 18 Review of disability access and inclusion plans

PART 5A--Screening of NDIS workers

Division 1--Preliminary

• 18A Interpretation
• 18B Meaning of disqualified and presumptively disqualified persons
• 18C Criminal intelligence
• 18D Protected information
• 18E Powers of delegation
• 18F Pending applications to be disregarded

Division 2--NDIS worker check clearances and exclusions

• 18G Application for NDIS worker check clearance
• 18H Certain persons not permitted to apply for NDIS worker check clearance
• 18I Determination of application--grant of NDIS worker check clearance
• 18J Determination of application--issue of NDIS worker check exclusion
• 18K Certain persons presumed to pose risk of harm to people with disability
• 18L Notice of grant of NDIS worker check clearance or issue of NDIS worker check exclusion

Division 3--Risk assessment

• 18M Nature of risk assessment
• 18N Requirement for risk assessment
• 18O Matters to be considered in risk assessment

Division 4--Duration and termination of NDIS worker check clearances and exclusions

• 18P Duration of NDIS worker check clearance
• 18Q Duration of NDIS worker check exclusion
• 18R Suspension of NDIS worker check clearance
• 18S Cancellation of NDIS worker check clearance
• 18T Cancellation of NDIS worker check clearance at request of holder

Division 5--Information gathering and sharing

• 18U Court to provide notice of certain findings of guilt to central assessment unit
• 18V Commissioner of Police to provide information to central assessment unit on charging of certain persons
• 18W Power to require information from applicant or clearance holder
• 18X Power to require information from other persons
Subdivision 2--Information sharing and use
• 18Y Central assessment unit may disclose etc information with other jurisdictions
• 18Z Access to police information
• 18ZA Provision of information to central assessment unit
• 18ZB Provision of information to NDIS employers and participants
• 18ZC Power to retain information etc indefinitely
Subdivision 3--Miscellaneous
• 18ZD Notification by reporting bodies of conduct requiring risk assessment
• 18ZE Information sharing for national register or database
• 18ZF Information sharing for research, monitoring and auditing purposes
• 18ZG Disclosure of information about offences
• 18ZH Disclosure of information to prevent significant harm

Division 6--Review of decisions by South Australian Civil and Administrative Tribunal

• 18ZI Review of decisions by South Australian Civil and Administrative Tribunal

Division 7--Miscellaneous

• 18ZJ Fee payable where volunteer undertakes paid employment
• 18ZK Effect of Part on other rights and procedures
• 18ZL Limitation of liability
• 18ZM False or misleading statements
• 18ZN Evidentiary provision
• 18ZO Failure to give notice of decisions
• 18ZP Central assessment unit may seek external advice

PART 6--Screening of persons working with people with disability

• 19 Interpretation
• 20 Working with people with disability
• 21 Certain persons prohibited from working with people with disability
• 22 Working with people with disability without current screening check prohibited
• 22A Steps employers must take before employing person in prescribed position
• 22B Employer to ensure screening check conducted at least every 5 years
• 22C Employer to advise central assessment unit of certain information
• 22D Records management system
• 22E Inspection of records management system
• 23 Regulations to set out scheme for screening checks

PART 6A--Restrictive practices

Division 1--Preliminary

• 23A Application of Part
• 23B Interpretation
• 23C Meaning of detention
• 23D Prohibited restrictive practices
• 23E Limits on kinds of restrictive practices that may be used by person
• 23F Interaction with other Acts and laws
• 23G Principles
• 23H Minister to publish restrictive practices guidelines

Division 2--Senior Authorising Officer

• 23I Senior Authorising Officer
• 23J Functions of Senior Authorising Officer
• 23K Power of delegation

Division 3--Authorised Program Officers

• 23L Authorised Program Officers in respect of prescribed NDIS providers

Division 4--Use of restrictive practices other than those involving detention

• 23M General provisions relating to use of restrictive practices
• 23N Authorised Program Officer may authorise use of level 1 restrictive practices
• 23O Authorisation of use of level 1 or 2 restrictive practices by Senior Authorising Officer
• 23P Revocation of authorisation to use restrictive practices

Division 5--Information gathering and sharing

• 23Q Senior Authorising Officer may require information from State authorities
• 23R Senior Authorising Officer may require information from other persons
• 23S Senior Authorising Officer may notify NDIA or the NDIS Quality and Safeguards Commission
• 23T Senior Authorising Officer may disclose etc information to other jurisdictions
• 23U Disclosure of information to prevent harm
• 23V Disclosure of information for research purposes
• 23W Provision of other information to Senior Authorising Officer
• 23X Information sharing for national register or database

Division 6--Dispute resolution

• 23Y Internal review by Senior Authorising Officer
• 23Z Review of decisions by South Australian Civil and Administrative Tribunal

Division 7--Miscellaneous

• 23ZA Limitation of liability
• 23ZB Offence to hinder or obstruct Senior Authorising Officer etc
• 23ZC False or misleading statements
• 23ZD Evidentiary provision
• 23ZE Minister to provide annual report on operation of Part to Parliament

PART 7--Community Visitor Scheme

• 24 Community Visitor Scheme

PART 8--National Disability Insurance Scheme

• 25 Regulations for the purpose of implementing etc the National Disability Insurance Scheme

PART 9--Information gathering and sharing

• 26 Chief Executive may require State authority to provide report
• 27 Sharing of information between certain persons and bodies
• 28 Interaction with Public Sector (Data Sharing) Act 2016

PART 10--Miscellaneous

• 29 Confidentiality
• 30 Victimisation
• 31 Service
• 32 Review of Act
• 33 Regulations
• SCHEDULE 1--Repeal
• SCHEDULE 2--Transitional provisions relating to NDIS worker check clearances
Legislative history