The Parliament of Queensland enacts—
This Act may be cited as the Disability Services and Other Legislation (Worker Screening) Amendment Act 2018.
Part 3 commences on a day to be fixed by proclamation.
This part amends the Disability Services Act 2006.
Part 5, division 2—
insert—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.
5Amendment 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).
6Amendment 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.
7Amendment 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).
8Amendment 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
9Amendment 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).
10Amendment 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.
11Amendment 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.
12Amendment of s 67 (Continuing engagement of persons other than volunteers)
Section 67—
insert—(3)This section does not apply to a sole trader.
13Insertion of new ss 67A and 67B
After section 67—
insert—67ARestriction 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.
67BCurrency 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.
14Amendment of s 68 (Starting engagement of volunteers)
Section 68(1), note, ‘section 46(6)’—
omit, insert—section 46(7)
15Amendment of s 70 (Prohibited engagement)
Section 70—
insert—(3)This section does not apply to a sole trader.
16Amendment 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.Maximum penalty—100 penalty units.
(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.
17Amendment 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.Maximum penalty—100 penalty units.
18Amendment 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).
19Amendment 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).
20Amendment 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.
21Amendment 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).
22Amendment 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).
23Amendment 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).
24Amendment 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).
25Amendment 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).
26Amendment 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)
27Amendment 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).
28Amendment of s 99 (Application for an eligibility declaration)
Section 99(6)—
omit.
29Amendment 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).
30Amendment 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).
31Amendment of s 133 (Compliance with requirement to end, or not start, a person’s engagement)
Section 133(1), ‘another person’—
omit, insert—a person
32Amendment 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).
33Insertion of new pt 9, div 11
Part 9—
insert—Division 11 Transitional provisions for Disability Services and Other Legislation (Worker Screening) Amendment Act 2018
In this division—amending Act means the Disability Services and Other Legislation (Worker Screening) Amendment Act 2018.unamended Act means this Act as in force immediately before the commencement.342Prescribed notices or exemption notices issued to sole traders before commencement
(1)This section applies if, before the commencement, the chief executive issued a prescribed notice or an exemption notice to a sole trader.(2)The prescribed notice or exemption notice is taken to be, and always to have been, as valid as if part 5, as in force immediately after the commencement, had been in force on the day the notice was given.343Certification by prescribed persons before commencement
(1)This section applies if, before the commencement—(a)a sole trader applied under the unamended Act, section 52 or 59 for a prescribed notice or an exemption notice; and(b)a prescribed person certified that the prescribed person had sighted documents, relating to proof of the sole trader’s identity, prescribed by regulation.(2)Despite the unamended Act—(a)the chief executive may, whether before of after the commencement, accept the certification by the prescribed person instead of by the NDIS non-government service provider as proof of the sole trader’s identity; and(b)the application, or prescribed notice or exemption notice issued by the chief executive as a result of the application (whether issued before or after the commencement), is not affected only because of a change to the entity certifying the documents.344Delayed application of particular provisions
(1)This section applies to a person who is a sole trader if, before the commencement—(a)the person was providing disability services as an NDIS non-government service provider at a service outlet of the service provider; and(b)the person had applied for—(i)a prescribed notice under the unamended Act, section 52; or(ii)a prescribed notice under the Working with Children Act, section 199; and(c)the application had not been decided.(2)Sections 67A and 67B do not apply to the person until the day that is 4 months after the commencement.
34Amendment 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.
This part amends the Police Service Administration Act 1990.
36Amendment of s 1.4 (Definitions)
Section 1.4—
insert—disability-related employment screening, for part 10, division 1B, see section 10.2S.
37Amendment 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
38Amendment 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.
39Amendment 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
40Insertion of new pt 11, div 11
Part 11—
insert—Division 11 Transitional provision for Disability Services and Other Legislation (Worker Screening) Amendment Act 2018
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