Queensland Numbered Acts Queensland Numbered Acts(1) Schedule 8 is amended by omitting each of the following definitions—
(2) Schedule 8 —
insert—
"affected person" , for a reviewable decision, see section 138ZR(2).
"appellant" , for an appeal under section 138J, see section 138J(2).
"applicant" , for part 5, means the applicant for a disability worker screening application.
"approved way" , for making an application or request or giving a notice, means a way for making the application or request or giving the notice—(a) approved by the chief executive; and(b) notified on—(i) the department’s website; or(ii) the whole-of-government website.
"authorised entity" , for a person, see section 138ZJ.
"banning order" see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 9.
"chief executive (child safety)" means the chief executive of the department in which the Child Protection Act 1999 is administered.
"chief executive’s screening functions" means the chief executive’s functions under part 5.
"chief executive (working with children)" means the chief executive of the department in which the Working with Children Act is administered.
"clearance" see section 50(1).
"clearance card" means a clearance card for a clearance within the meaning of section 98(2).
"combined application" see section 67(2).
"conduct" , of a person, means an act or an omission to perform an act.
"consumer" means—(a) for an NDIS service provider—a person with disability who is provided with NDIS supports or services by the service provider; or(b) for the department or a funded service provider—a person with disability who is provided with disability services by the department or service provider.
"corresponding law" means a law of another State that relates to the screening of persons who carry out, or propose to carry out, NDIS disability work.
"criminal history event" , in relation to a person, see section 138B.
"dealt with" , in relation to a charge for an offence, means any of the following—(a) the person who is charged is convicted or acquitted of the charge;(b) the person who is charged is convicted of another offence for which the conduct was substantially the same as the conduct of the offence charged;(c) the charge has been withdrawn or dismissed;(d) a nolle prosequi or no true bill is presented in relation to the charge.
"disability work" means—(a) NDIS disability work; or(b) State disability work.
"disability worker screening application" means—(a) an NDIS worker screening application; or(b) a State disability worker screening application.
"disciplinary action" , in relation to a person, see section 138O(2).
"disciplinary information" , about a person, see section 138O(1).
"disqualified person" means a person who—(a) has a conviction for a disqualifying offence; and(b) was an adult when the offence was committed.
"disqualifying offence" means—(a) an offence against a provision of an Act mentioned in schedule 4 or 5—(i) if each circumstance (if any) stated for the offence in the schedule applies to the offence; and(ii) regardless of whether the provision has been amended from time to time or numbered differently; or(b) an offence against a provision of an Act of the Commonwealth prescribed by regulation to be a disqualifying offence; or(c) a related offence for an offence mentioned in paragraph (a) or (b).
"domestic violence information" , about a person, means information about the history of domestic violence orders made against the person under the Domestic and Family Violence Protection Act 2012 .
"domestic violence order" see the Domestic and Family Violence Protection Act 2012 , section 23(2).
"employer" , of a person in relation to disability work, means the entity that engages the person to carry out the disability work.
"engaged" , in relation to carrying out work, see—(a) section 44; and(b) also—(i) for risk-assessed NDIS work†”section 46; or(ii) for State disability work†”sections 48 and 49.
"exclusion" see section 51(1).
"financial reward" does not include a payment that is a reimbursement for expenses.
"funded service provider" see section 14.
"harm" , to a person—(a) for part 6—see section 144; or(b) otherwise—includes any detrimental effect on a person’s physical, psychological, emotional, sexual or financial wellbeing, however the detrimental effect is caused.
"interim bar" means an interim bar imposed under section 82.
"internal review" , of a reviewable decision, see section 138ZT(1).
"internal review decision" means a decision made, or taken to have been made, under section 138ZV on an application for internal review of a reviewable decision.
"interstate NDIS clearance" see section 50(3).
"interstate NDIS exclusion" see section 51(3).
"investigative information" , about a person, see section 138I(1).
"investigative information decision" see section 138J(2).
"NDIS clearance" see section 50(2).
"NDIS disability work" see section 45(1).
"NDIS disciplinary or misconduct information" , about a person—(a) means information about the person’s professional conduct in relation to the national disability insurance scheme given to the chief executive by the NDIS commission; and(b) includes information about—(i) an incident involving the person, or a complaint or allegation about the person, investigated under the National Disability Insurance Scheme Act 2013 (Cwlth) ; and(ii) adverse and substantiated findings of an investigation conducted under the National Disability Insurance Scheme Act 2013 (Cwlth) ; and(iii) a banning order made against the person.
"NDIS exclusion" see section 51(2).
"NDIS service provider" see section 15(1).
"NDIS sole trader" see section 16(1).
"NDIS supports or services" see section 12A.
"NDIS worker screening application" means—(a) an application for a clearance made under section 65; or(b) a combined application to the extent it is an application under section 65.
"NDIS worker screening database" see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 9.
"NDIS (Worker Screening) Practice Standards" means NDIS Practice Standards that are made under the National Disability Insurance Scheme Act 2013 (Cwlth) about the screening of workers employed or otherwise engaged by registered NDIS providers.
"NDIS worker screening unit" means an entity responsible, under a corresponding law, for screening persons who carry out, or propose to carry out, NDIS disability work.
"notifiable person" , for a person, see section 52.
"parent" , of a person, includes—(a) in any case—the spouse of a parent of the person; and(b) for an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a parent of the person; and(c) for a Torres Strait Islander—a person who, under Island custom, is regarded as a parent of the person.
"person under care" , in relation to a person, means a child or vulnerable person who—(a) is receiving care or support because the child or vulnerable person is unable to—(i) care for himself or herself; or(ii) protect himself or herself from harm or exploitation; andExamples of a child or vulnerable person who is receiving care or support for a reason mentioned in paragraph (a)(i) or (ii)—• a child in foster care• an elderly person in residential aged care• a person with a mental illness receiving inpatient treatment in a hospital(b) has a relationship with the person—(i) because of the care or support mentioned in paragraph (a); and(ii) other than because the person is a relative of the child or vulnerable person.
"QCAT information notice" , for an internal review decision, means a notice complying with the QCAT Act , section 157(2).
"registered NDIS provider" see section 15(2).
"related offence" , for a particular offence, means another offence that is—(a) an offence of counselling or procuring the commission of the particular offence; or(b) an offence of attempting, or of conspiring, to commit the particular offence; or(c) an offence that, at the time it was committed, was the particular offence; or(d) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted the particular offence or an offence mentioned in paragraph (a), (b) or (c).
"relative" , of a person—(a) means the person’s spouse, child, parent, grandparent, great-grandparent, brother, sister, uncle, aunt, niece, nephew or first cousin; and(b) for an Aboriginal person—includes a person who, under Aboriginal tradition, is regarded as a relative mentioned in paragraph (a); and(c) for a Torres Strait Islander—includes a person who, under Island custom, is regarded as a relative mentioned in paragraph (a); and(d) for a person with a parent who is not a biological parent—includes anyone who would be a relative mentioned in paragraph (a) if the parent were a biological parent.Example for paragraph (d)—the child of a person’s step-parent
"relevant person" —(a) for part 4—see section 37; or(b) for part 5, division 8—see section 136.
"reviewable decision" see section 138ZR(1).
"risk-assessed NDIS work" see section 45(2).
"risk assessment" means a risk assessment under part 5, division 4, subdivision 3.
"risk assessment matter" , in relation to a person, means a matter that—(a) is or may be relevant to whether the person poses a risk of harm to people with disability; and(b) is prescribed by regulation to be a risk assessment matter.
"schedule 6 or 7 offence" means—(a) an offence against a provision of an Act mentioned in schedule 6 or 7—(i) if each circumstance (if any) stated for the offence in the schedule applies to the offence; and(ii) regardless of whether the provision has been amended from time to time or numbered differently; or(b) a related offence for an offence mentioned in paragraph (a).
"section 93A transcript" see the Evidence Act 1977 , section 93AA(3).
"serious offence" means—(a) an offence against a provision of an Act mentioned in schedule 2 or 3—(i) if each circumstance (if any) stated for the offence in the schedule applies to the offence; and(ii) regardless of whether the provision has been amended from time to time or numbered differently; or(b) an offence against a provision of an Act of the Commonwealth prescribed by regulation to be a serious offence; or(c) a related offence for an offence mentioned in paragraph (a) or (b).
"State clearance" see section 50(4).
"State disability work" see section 47.
"State disability worker screening application" means—(a) an application for a clearance made under section 66; or(b) a combined application to the extent it is an application under section 66.
"State entity" see section 138P.
"State exclusion" see section 51(4).
"State sole trader" see section 16(2).
"vulnerable person" means an adult who, because of the person’s age, illness or disability, is, or may be, unable to—(a) care for himself or herself; or(b) protect himself or herself from harm or exploitation.
"whole-of-government website" means—(a) www.qld.gov.au; or(b) another website prescribed by regulation.
"working with children check application" see the Working with Children Act , schedule 7.
(3) Schedule 8 , definition police information , paragraph (c) —
omit, insert—(c) information about whether the person is or has been—(i) subject to offender reporting obligations; or(ii) subject to an offender prohibition order or offender prohibition disqualification order; or(iii) named as the respondent to an application for an offender prohibition order; or(iv) the subject of an application for an offender prohibition disqualification order.
(4) Schedule 8 , definition relevant review and appeal information , paragraph (a) , from ‘to the tribunal’ to ‘ division 11 , subdivision 1 ’—
omit, insert—
for a review of the decision under part 5, division 9
(5) Schedule 8 , definition relevant review and appeal information , paragraph (b) (i) , ‘ section 113 ’—
omit, insert—
section 138J
(6) Schedule 8 , definition relevant review and appeal information , paragraph (b) (ii) , from ‘to the tribunal’ to ‘ section 115 ’—
omit, insert—
for a review of the decision under section 138L
(7) Schedule 8 , definition relevant review and appeal information , paragraphs (c) and (d) —
omit, insert—(c) the period within which the person must apply for the review or start the appeal;(d) how the person may apply for the review or start the appeal;