Queensland Numbered Acts

DISABILITY SERVICES AND OTHER LEGISLATION (NDIS) AMENDMENT ACT 2019 - SECT 34

34 Replacement of s 216 (Application of div 2)

Section 216 —
omit, insert—

216 Application of division

(1) This division—

(a) applies in relation to the following service providers that provide disability services to an adult with an intellectual or cognitive disability—

(i) an NDIS provider;

(ii) a registered NDIS provider;

(iii) the department;

(iv) a service provider that receives funds from the department to provide disability services, other than a service provider that is another department;

(v) another service provider prescribed by regulation; and

(b) applies if—

(i) a service provider in relation to which this division applies locks gates, doors or windows at premises where disability services are provided to adults with an intellectual or cognitive disability; and

(ii) the only reason the gates, doors or windows are locked is to prevent physical harm being caused to an adult with a skills deficit.

(2) However, this part does not apply in relation to a service provider—

(a) prescribed by regulation; or

(b) to the extent the service provider is providing disability services prescribed by regulation.

(3) A service provider is a
"division 2 service provider" to the extent this division applies in relation to the provider under subsections (1)(a) and (2).