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DISABILITY SERVICES AND OTHER LEGISLATION (NDIS) AMENDMENT ACT 2019 - As at 17 June 2019 - Act 19 of 2019


TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - AMENDMENT OF DISABILITY SERVICES ACT 2006

   3.      Act amended
   4.      Amendment of s 6 (Objects of Act)
   5.      Amendment of s 7 (How objects are mainly achieved)
   6.      Insertion of new s 10A
   7.      Amendment of s 13 (Meaning of service provider)
   8.      Omission of s 14 (Meaning of funded service provider)
   9.      Replacement of s 16A (Meaning of NDIS non-government service provider)
   10.     Amendment of pt 3, hdg (Complaints about the delivery of disability services by funded service providers)
   11.     Insertion of new s 32A
   12.     Amendment of s 33 (Complaints by consumers)
   13.     Amendment of s 37 (Definitions for pt 4)
   14.     Amendment of pt 5, hdg (Screening of particular persons engaged by department or particular funded service providers)
   15.     Insertion of new s 41A
   16.     Amendment of s 44A (Meaning of sole trader)
   17.     Amendment of s 46 (Persons engaged by a funded non-government service provider or an NDIS non-government service provider at a service outlet)
           17A . Amendment of s 65 (Starting engagement of certain regular engaged persons other than volunteers)
           17B . Amendment of s 66 (Starting engagement of new engaged persons other than volunteers)
           17C . Amendment of s 67 (Continuing engagement of persons other than volunteers)
           17D . Insertion of new s 69A
           17E . Amendment of s 70 (Prohibited engagement)
           17F . Amendment of s 86 (Suspension of positive notice if charged with disqualifying offence or subject to temporary or interim order)
   17G.    Amendment of s 87 (Ending of suspension and issue of further prescribed notice)
           17H . Amendment of s 132 (Withdrawal of engaged person’s consent to screening)
   18.     Amendment of s 139 (Purpose of pt 6)
   19.     Replacement of s 140 (Service providers to which pt 6 applies)
   20.     Amendment of s 143 (Explanation of operation of pt 6)
   21.     Insertion of new s 150A
   22.     Insertion of new s 165A
   23.     Amendment of s 181 (Requirement to develop respite/community access plan)
   24.     Insertion of new s 183A
   25.     Amendment of s 191 (Requirement to give statement about use of restrictive practices)
   26.     Amendment of s 193 (Requirement to keep and implement procedure)
   27.     Amendment of s 194 (Requirement to keep records and other documents)
   28.     Amendment of s 195 (Notification requirements about approvals given for use of restrictive practices)
   29.     Amendment of s 199 (Requirement to give information about use of restrictive practice to chief executive)
   30.     Amendment of s 200E (Additional functions of authorised officers in relation to NDIS non-government service providers)
   31.     Amendment of s 200M (Issue of warrant)
   32.     Amendment of s 200S (General powers)
   33.     Amendment of s 200W (Power to require information)
   34.     Replacement of s 216 (Application of div 2)
   35.     Amendment of s 217 (Definitions for div 2)
   36.     Amendment of s 218 (Immunity from liability—relevant service provider)
   37.     Amendment of s 219 (Immunity from liability—individual acting for relevant service provider)
   38.     Amendment of s 220 (Department’s policy about locking of gates, doors and windows)
   39.     Amendment of s 226 (Person with a disability must advise chief executive about compensation)
   40.     Amendment of s 227 (Confidentiality of information about criminal history and related information)
   41.     Amendment of s 228 (Confidentiality of other information)
   42.     Amendment of s 239 (Regulation-making power)
   43.     Insertion of new s 241AA
   44.     Omission of s 241B (Expiry of pt 6A)
   45.     Omission of pt 9, div 10 (Transitional provisions for Disability Services and Other Legislation Amendment Act 2016)
   46.     Insertion of new pt 9, div 12
           46A . Amendment of sch 2 (Current serious offences)
   46B.    Amendment of sch 3 (Repealed or expired serious offences)
   47.     Amendment of sch 4 (Current disqualifying offences)
   47A.    Amendment of sch 5 (Repealed or expired disqualifying offences)
   48.     Amendment of sch 8 (Dictionary)

   PART 3 - AMENDMENT OF CORONERS ACT 2003

   49.     Act amended
   50.     Amendment of s 7 (Duty to report deaths)
   51.     Amendment of s 9 (Death in care defined)
   52.     Insertion of new pt 6, div 5
   53.     Amendment of sch 2 (Dictionary)

   PART 4 - AMENDMENT OF GUARDIANSHIP AND ADMINISTRATION ACT 2000

   54.     Act amended
   55.     Amendment of s 80R (Application of ch 5B)
   56.     Amendment of s 80U (Definitions for ch 5B)
   57.     Insertion of new ch 12, pt 13
   58.     Amendment of sch 4 (Dictionary)

   PART 5 - AMENDMENT OF PUBLIC GUARDIAN ACT 2014

   59.     Act amended
   60.     Amendment of s 12 (Functions—adult with impaired capacity for a matter)
   61.     Amendment of s 14 (Powers)
   62.     Amendment of s 39 (Definitions for pt 6)
   63.     Amendment of s 41 (Inquiry and complaint functions)
   64.     Amendment of s 44 (Power to do all things necessary or convenient)
   65.     Amendment of s 47 (Reports by community visitors (adult))
   66.     Insertion of new s 49A
   67.     Amendment of s 51 (Definitions for ch 4)
   68.     Amendment of s 56 (Functions of community visitor (child), etc.)
   69.     Insertion of new s 68A
   70.     Amendment of s 70 (Reports by community visitors (child))
   71.     Insertion of new s 72A
   72.     Amendment of s 110 (Eligibility for appointment as community visitor (adult))
   73.     Amendment of s 111 (Eligibility for appointment as community visitor (child))
   74.     Insertion of new ch 7, pt 3
   75.     Amendment of sch 1 (Dictionary)

   PART 6 - AMENDMENT OF WORKING WITH CHILDREN (RISK MANAGEMENT AND SCREENING) ACT 2000

   76.     Act amended
   77.     Amendment of s 401 (Regulation-making power)
   78.     Insertion of new ch 11, pt 20
   79.     Amendment of sch 1, s 6 (Health, counselling and support services)
   80.     Amendment of sch 7 (Dictionary)

   PART 7 - OTHER AMENDMENTS

   81.     Acts amended
           SCHEDULE 1


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