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DISABILITY SERVICES AND OTHER LEGISLATION (WORKER SCREENING) AMENDMENT ACT 2020 - As at 11 December 2020 - Act 39 of 2020


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.      Amendment of s 12 (What are disability services)
   7.      Insertion of new s 12A
   8.      Amendment of s 13 (Meaning of service provider)
   9.      Replacement of ss 15–16A
   10.     Amendment of s 18 (Principle that people with a disability have the same human rights as others)
   11.     Replacement of pt 5 (Screening of particular persons engaged by department or particular service providers)
   12.     Amendment of s 139 (Purpose of pt 6)
   13.     Amendment of s 140 (Application of part)
   14.     Replacement of s 205 (Positive notice card is evidence of holding positive notice)
   15.     Amendment of s 206 (Indictable and summary offences)
   16.     Amendment of s 207 (Proceedings for indictable offences)
   17.     Amendment of s 216 (Application of division)
   18.     Amendment of s 222 (Establishment of Ministerial advisory committees)
   19.     Replacement of s 227 (Confidentiality of information about criminal history and related information)
   20.     Amendment of s 228 (Confidentiality of other information)
   21.     Amendment of s 229 (Power to require information or documents)
   22.     Omission of s 232 (Chief executive may enter into arrangement about giving and receiving information with police commissioner)
   23.     Amendment of s 239 (Regulation-making power)
   24.     Insertion of new pt 9, div 13
   25.     Replacement of sch 2 (Current serious offences)
   26.     Amendment of sch 3 (Repealed or expired serious offences)
   27.     Replacement of sch 4 (Current disqualifying offences)
   28.     Amendment of sch 5 (Repealed or expired disqualifying offences)
   29.     Amendment of sch 8 (Dictionary)

   PART 3 - AMENDMENT OF WORKING WITH CHILDREN (RISK MANAGEMENT AND SCREENING) ACT 2000

   30.     Act amended
   31.     Amendment of s 175 (Clearance required to employ person in regulated employment)
   32.     Amendment of s 176A (Person prohibited from regulated employment without clearance)
   33.     Amendment of s 176C (Exemption required to employ police officer or registered teacher in regulated employment)
   34.     Amendment of s 176E (Police officer or registered teacher prohibited from regulated employment without exemption)
   35.     Amendment of s 176H (Definitions for division)
   36.     Insertion of new s 187A
   37.     Insertion of new s 190A
   38.     Insertion of new s 193A
   39.     Insertion of new s 196A
   40.     Amendment of s 198 (Deemed withdrawal—failure to comply with particular requests)
   41.     Amendment of s 221 (Deciding application—no conviction or conviction etc. for non-serious offence)
   42.     Amendment of s 223 (Deciding application—negative notice cancelled or holder of eligibility declaration)
   43.     Amendment of s 226 (Deciding exceptional case if conviction or charge)
   44.     Amendment of s 228 (Deciding exceptional case if disciplinary information exists)
   45.     Amendment of s 229 (Chief executive to invite submissions from person about particular information)
   46.     Replacement of s 231 (Term of clearance and negative notice)
   47.     Amendment of s 283 (Deciding application—police officer if further screening not required)
   48.     Amendment of s 284 (Deciding application—registered teacher if further screening not required)
   49.     Replacement of s 289 (Term of exemption and negative notice)
   50.     Amendment of s 304A (Cancelling authority because of subsequent information)
   51.     Replacement of s 344 (Chief executive must give information about particular holders to chief executive (disability services))
   52.     Insertion of new s 344C
   53.     Omission of s 345 (Use of information obtained under this chapter about a person)
   54.     Amendment of s 350 (Holder must notify change and pay prescribed application fee—volunteer or business carried on other than for financial reward)
   55.     Amendment of s 384 (Confidentiality of police, disciplinary and mental health information)
   56.     Replacement of s 385 (Confidentiality of other information)
   57.     Amendment of s 395 (Reports by chief executive)
   58.     Amendment of s 401 (Regulation-making power)
   59.     Replacement of ch 11, pt 20 (Transitional provision for Disability Services and Other Legislation (NDIS) Amendment Act 2019)
   60.     Amendment of sch 1, s 6 (Health, counselling and support services)
   61.     Insertion of new sch 1, s 6A
   62.     Amendment of sch 1, s 16 (Health, counselling and support services)
   63.     Insertion of new sch 1, s 16A
   64.     Amendment of sch 7 (Dictionary)

   PART 4 - AMENDMENT OF OTHER LEGISLATION

           Division 1 - Amendment of Evidence Act 1977

   65.     Act amended
   66.     Amendment of s 93AA (Unauthorised possession of, or dealing in, s 93A criminal statements)

           Division 2 - Amendment of Police Powers and Responsibilities Act 2000

   67.     Act amended
   68.     Replacement of ch 23, pt 1A, hdg (Provision for Working with Children (Risk Management and Screening) Act 2000)
   69.     Insertion of new s 789B

   PART 5 - MINOR AND CONSEQUENTIAL AMENDMENTS

   70.     Acts amended
           SCHEDULE 1


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