South Australian Current Acts

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DISABILITY INCLUSION ACT 2018 - SECT 18X

18X—Power to require information from other persons

        (1)         The central assessment unit may, by notice in writing, for the purposes of—

            (a)         determining an application for a clearance or a risk assessment of an applicant or the holder of a clearance; or

            (b)         a review of a decision in accordance with this Part,

require a specified person to provide to the central assessment unit within a specified period such information or documents in their possession as may be relevant to an assessment of whether a specified person poses a risk of harm to people with disability.

        (2)         If a person fails to comply with a requirement under subsection (1), the central assessment unit may, by further notice in writing served on the person (an "enforcement notice"), direct the person to comply with a notice under subsection (1) within the period (being not less than 28 days) specified in the notice.

        (3)         The central assessment unit may revoke an enforcement notice at any time.

        (4)         A person who fails, without reasonable excuse, to comply with an enforcement notice is guilty of an offence.

Maximum penalty: $50 000.

        (5)         If documents are given to the central assessment unit under this section, the central assessment unit

            (a)         may take possession of, and make copies of or take extracts from, the documents; and

            (b)         may keep possession of the documents for such period as is reasonably necessary; and

            (c)         during that period must permit them to be inspected at all reasonable times by the persons who would be entitled to inspect them if they were not in the possession of the central assessment unit.



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