1 Short title

This Act may be cited as the Disability Services and Other Legislation (Worker Screening) Amendment Act 2018.

2 Commencement

Part 3 commences on a day to be fixed by proclamation.

3 Act amended

This part amends the Disability Services Act 2006.

4 Insertion of new s 44A

Part 5, division 2 —

insert—

44A Meaning of sole trader

A
"sole trader" is an individual who—

(a) is an NDIS non-government service provider; and

(b) in providing disability services as an NDIS non-government service provider, provides the disability services personally.

5 Amendment of s 46 (Persons engaged by a funded non-government service provider or an NDIS non-government service provider at a service outlet)

(1) Section 46 —insert—

(2A) Also, for this part, an NDIS non-government service provider who is a sole trader is taken to be engaged by the service provider to carry out work at a service outlet of the service provider if the sole trader carries out, or is to carry out, the work at the outlet.

(2) Section 46 (2A) to (7)—renumber as section 46 (3) to (8).

6 Amendment of s 52 (Application for prescribed notice)

(1) Section 52 (1), ‘another person’—omit, insert—a person

(2) Section 52 (2)(c), after ‘person’—insert—, unless the engaged person is a sole trader

(3) Section 52 (3)(b)—omit, insert—

(b) certification by the following entity that the entity has sighted documents, relating to proof of the engaged person’s identity, prescribed by regulation—

(i) for an application by a funded non-government service provider or an NDIS non-government service provider, other than a sole trader—the service provider;

(ii) for an application by a sole trader—a prescribed person; and

(4) Section 52 —insert—

(8) Subsections (5) to (7) do not apply to a sole trader.

7 Amendment of s 56 (Actions of chief executive after making decision on application)

(1) Section 56 —insert—

(4A) Subsection (4) does not apply in relation to an NDIS non-government service provider who is a sole trader.

(2) Section 56 (5), penalty, ‘ subsection (5) ’—omit, insert—subsection (6)

(3) Section 56 (4A) and (5)—renumber as section 56 (5) and (6).

8 Amendment of s 59 (Application for exemption notice)

(1) Section 59 (2)(c), after ‘person’—insert—, unless the engaged person is a sole trader

(2) Section 59 (3)(b)—omit, insert—

(b) certification by the following entity that the entity has sighted documents, relating to proof of the engaged person’s identity, prescribed by regulation—

(i) for an application by a funded non-government service provider or an NDIS non-government service provider, other than a sole trader—the service provider;

(ii) for an application by a sole trader—a prescribed person; and

9 Amendment of s 63 (Actions of chief executive after making decision on application)

(1) Section 63 —insert—

(4A) Subsection (4) does not apply in relation to an NDIS non-government service provider who is a sole trader.

(2) Section 63 (5), penalty, ‘ subsection (5) ’—omit, insert—subsection (6)

(3) Section 63 (4A) and (5)—renumber as section 63 (5) and (6).

10 Amendment of s 65 (Starting engagement of certain regular engaged persons other than volunteers)

Section 65 —insert—

(4) This section does not apply to a sole trader.

11 Amendment of s 66 (Starting engagement of new engaged persons other than volunteers)

Section 66 —insert—

(4) This section does not apply to a sole trader.

12 Amendment of s 67 (Continuing engagement of persons other than volunteers)

Section 67 —insert—

(3) This section does not apply to a sole trader.

13 Insertion of new ss 67A and 67B

After section 67 —

insert—

67A Restriction on sole trader providing disability services

A person who is a sole trader must not provide disability services as an NDIS non-government service provider at a service outlet of the service provider unless—

(a) the person has a current positive notice or current positive exemption notice; or

(b) the person holds a WWC positive notice that is not suspended under the Working with Children Act and the person has applied for an exemption notice.

Maximum penalty—250 penalty units.

67B Currency of prescribed notice for sole trader

(1) This section applies if—

(a) a sole trader providing disability services as an NDIS non-government service provider at a service outlet of the service provider has a positive notice (the
"previous notice"); and

(b) the sole trader applied for a further prescribed notice or exemption notice at least 30 days before the previous notice expires; and

(c) the application has not been decided.

(2) Despite section 58(2), the previous notice remains current from the day it would otherwise end under that subsection until the application is decided or withdrawn, unless the previous notice is earlier cancelled under division 8.

14 Amendment of s 68 (Starting engagement of volunteers)

Section 68 (1), note, ‘ section 46 (6)’—

omit, insert—

section 46(7)

15 Amendment of s 70 (Prohibited engagement)

Section 70 —insert—

(3) This section does not apply to a sole trader.

16 Amendment of s 75 (Change in police information of person engaged by funded non-government service provider or NDIS non-government service provider)

(1) Section 75 (1), from ‘This section’ to ‘NDIS non-government service provider’—omit, insert—

Subsections (2) to (4) apply to a person engaged by a funded non-government service provider or an NDIS non-government service provider, other than a sole trader,

(2) Section 75 —insert—

(5) Subsections (6) and (7) apply to a person who is a sole trader if—

(a) the person is providing disability services as an NDIS non-government service provider at a service outlet of the service provider; and

(b) there is a change in the person’s police information.

(6) The person must immediately disclose to the chief executive that there has been a change in the person’s police information.

(7) To remove any doubt, it is declared that it is not a requirement of subsection (6) that the person give the chief executive any information about the change other than that a change has happened.

17 Amendment of s 77 (Change in police information of other persons)

(1) Section 77 —insert—

(2A) Subsection (2) does not apply in relation to an NDIS non-government service provider who is a sole trader.

(2) Section 77 (2A) and (3)—renumber as section 77 (3) and (4).

(3) Section 77 —insert—

(5) Subsection (6) applies if the person is a sole trader.

(6) Before providing disability services as an NDIS non-government service provider at a service outlet of the service provider, the person must notify the chief executive that there has been a change in the person’s police information since the person’s current positive notice or current exemption notice was issued.

18 Amendment of s 83 (Chief executive may cancel a prescribed notice and substitute another prescribed notice)

(1) Section 83 —insert—

(2A) Subsection (2) does not apply if the person is a sole trader.

(2) Section 83 (3) and (7), ‘ subsection (6) ’—omit, insert—subsection (7)

(3) Section 83 (4), ‘ subsection (1) or (3)’—omit, insert—subsection (1) or (4)

(4) Section 83 (6), ‘ subsection (3), the chief executive’s decision under subsection (4) ’—omit, insert—subsection (4), the chief executive’s decision under subsection (5)

(5) Section 83 (7) and (8), ‘ subsection (3) ’—omit, insert—subsection (4)

(6) Section 83 (2A) to (8)—renumber as section 83 (3) to (9).

19 Amendment of s 84 (Chief executive may cancel an exemption notice and substitute another exemption notice)

(1) Section 84 —insert—

(2A) Subsection (2) does not apply if the person is a sole trader.

(2) Section 84 (3) and (7), ‘ subsection (6) ’—omit, insert—subsection (7)

(3) Section 84 (4), ‘ subsection (1) or (3)’—omit, insert—subsection (1) or (4)

(4) Section 84 (6), ‘ subsection (3), the chief executive’s decision under subsection (4) ’—omit, insert—subsection (4), the chief executive’s decision under subsection (5)

(5) Section 84 (7) and (8), ‘ subsection (3) ’—omit, insert—subsection (4)

(6) Section 84 (2A) to (8)—renumber as section 84 (3) to (9).

20 Amendment of s 85 (Cancellation of positive notice if relevant disqualified person)

Section 85 —insert—

(5) Subsection (4) does not apply if the person is a sole trader.

21 Amendment of s 86 (Suspension of positive notice if charged with disqualifying offence or subject to temporary or interim order)

(1) Section 86 —insert—

(5A) Subsection (5) does not apply if the person is a sole trader.

(2) Section 86 (5A) to (9)—renumber as section 86 (6) to (10).

22 Amendment of s 88 (Suspension of a positive exemption notice if WWC positive notice suspended)

(1) Section 88 —insert—

(6A) Subsection (6) does not apply if the person is a sole trader.

(2) Section 88 (6A) to (8)—renumber as section 88 (7) to (9).

23 Amendment of s 89 (Ending of suspension and issue of further exemption notice or prescribed notice)

(1) Section 89 —insert—

(8A) Subsection (8) does not apply if the person is a sole trader.

(2) Section 89 (8A) and (9)—renumber as section 89 (9) and (10).

24 Amendment of s 90 (Notifying holder of expiry of positive exemption notice)

(1) Section 90 —insert—

(4A) Subsection (4) does not apply if the person is a sole trader.

(2) Section 90 (5), penalty, ‘ subsection (5) ’—omit, insert—subsection (6)

(3) Section 90 (4A) and (5)—renumber as section 90 (5) and (6).

25 Amendment of s 91 (Request to cancel positive notice or positive exemption notice)

(1) Section 91 —insert—

(4A) Subsection (4) does not apply if the person is a sole trader.

(2) Section 91 (4A) and (5)—renumber as section 91 (5) and (6).

26 Amendment of s 96 (Person who holds negative exemption notice but no longer holds WWC positive notice)

Section 96 (3), ‘or 84(3)’—

omit, insert—

or 84(4)

27 Amendment of s 98 (Offences for disqualified person)

(1) Section 98 —insert—

(3A) Subsection (3) does not apply if the person is a sole trader.

(2) Section 98 (3A) and (4)—renumber as section 98 (4) and (5).

28 Amendment of s 99 (Application for an eligibility declaration)

Section 99 (6)—

omit.

29 Amendment of s 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)

(1) Section 131 —insert—

(4A) This section does not apply to a sole trader.

(2) Section 131 (4A) and (5)—renumber as section 131 (5) and (6).

30 Amendment of s 132 (Withdrawal of engaged person’s consent to screening)

(1) Section 132 (8)(b), after ‘to the chief executive’—insert—and the engaged person is not a sole trader

(2) Section 132 —insert—

(9A) If the engaged person is an NDIS non-government service provider who is a sole trader, a notice of deemed withdrawal given to the person under subsection (3)(d), (4)(d), (5)(c), (6)(b) or (7)(b) is taken to be given also to the NDIS non-government service provider.

(3) Section 132 (9A) and (10)—renumber as section 132 (10) and (11).

31 Amendment of s 133 (Compliance with requirement to end, or not start, a person’s engagement)

Section 133 (1), ‘another person’—

omit, insert—

a person

32 Amendment of s 138 (Register of persons engaged by particular entities or for whom particular applications are made)

(1) Section 138 (2)—insert—

(ba) whether the person is a sole trader;

(2) Section 138 (2)(ba) to (f)—renumber as section 138 (2)(c) to (g).

33 Insertion of new pt 9, div 11

Part 9 —

insert—

34 Amendment of sch 8 (Dictionary)

Schedule 8 —

insert—

"prescribed person" means—

(a) a justice; or

(b) a commissioner for declarations under the Justices of the Peace and Commissioners for Declarations Act 1991; or

(c) a lawyer; or

(d) a police officer.

"sole trader" see section 44A.

35 Act amended

This part amends the Police Service Administration Act 1990.

36 Amendment of s 1.4 (Definitions)

Section 1.4—

insert—

"disability-related employment screening", for part 10, division 1B, see section 10.2S.

37 Amendment of pt 10, div 1B, hdg (Provisions about exchange of criminal history for child-related employment screening)

Part 10, division 1B, heading, ‘child-related’—

omit, insert—

particular

38 Amendment of s 10.2S (Definitions for div 1B)

Section 10.2S—

insert—

"disability-related employment screening" means using information about a person in a way that is authorised or required under a law of another State or the Commonwealth that relates to assessing whether a person poses a risk of harm to people with a disability.

39 Amendment of s 10.2T (Giving criminal history to interstate screening unit or approved agency for child-related employment screening)

(1) Section 10.2T, heading, ‘child-related’—omit.

(2) Section 10.2T(a) and (b), after ‘employment screening’—insert—or disability-related employment screening

40 Insertion of new pt 11, div 11

Part 11 —

insert—

11.19 Exchange of criminal history for disability-related employment screening

(1) This section applies in relation to the commissioner giving a person’s criminal history to an interstate screening unit or an approved agency as mentioned in section 10.2T for the purpose of disability-related employment screening of the person.

(2) To remove any doubt, it is declared that for section 10.2S, definition
"criminal history", a reference to a charge against the person for an offence includes a charge for an offence alleged to have been committed by the person before the commencement.

© State of Queensland 2018