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DISABILITY SERVICES AND OTHER LEGISLATION (WORKER SCREENING) AMENDMENT ACT 2020 - SECT 66

Amendment of s 93AA (Unauthorised possession of, or dealing in, s 93A criminal statements)

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

(1) Section 93AA (2A) (a) and (b)
omit, insert—
(a) preparing a section 93A transcript, or a summary of a section 93A transcript, to give to the chief executive (working with children) or chief executive (disability services) as mentioned in paragraph (b); or
(b) giving a section 93A transcript, or a summary of a section 93A transcript, to the chief executive (working with children) or chief executive (disability services) under an employment-screening Act.
(2) Section 93AA
insert—
(2AB) The chief executive (working with children) or chief executive (disability services) has authority for subsection (1) if the chief executive has the possession or does the thing mentioned in that subsection for the purpose of, under an employment-screening Act
(a) giving a section 93A transcript, or a summary of a section 93A transcript, that is in the chief executive’s possession to—
(i) for the chief executive (working with children)—the chief executive (disability services); or
(ii) for the chief executive (disability services)—the chief executive (working with children); or
(b) making an employment-screening decision.
(3) Section 93AA (2B) (a)
omit, insert—
(a) was given to the chief executive (working with children) or chief executive (disability services) as mentioned in subsection (2A)(b) or (2AB); and
(4) Section 93AA (2C) (a) and (2F) (a) , ‘a WWC’—
omit, insert—
an employment-screening
(5) Section 93AA (2E) , ‘A WWC’—
omit, insert—
An employment-screening
(6) Section 93AA (3) , definitions
"chief executive (employment screening)" ,
"employment-screening decision" ,
"former CCYPCG commissioner" and
"WWC applicant"
omit.
(7) Section 93AA (3)
insert—

"chief executive (disability services)" means the chief executive of the department in which the Disability Services Act 2006 , part 5 is administered.

"chief executive (working with children)" means the chief executive of the department in which the Working with Children Act is administered.

"employment-screening Act" means—
(a) the Working with Children Act ; or
(b) the Disability Services Act 2006 .

"employment-screening applicant" , for a section 93A transcript, means a person—
(a) who allegedly committed the alleged offence to which the transcript relates; and
(b) about whom—
(i) the chief executive (working with children) or the chief executive (disability services) has made an employment-screening decision; or
(ii) the chief executive (working with children) or the chief executive (disability services) is about to make an employment-screening decision.

"employment-screening decision" means—
(a) an employment-screening decision under the Working with Children Act ; or
(b) a decision under the Disability Services Act 2006 about—
(i) whether a clearance or exclusion should be issued to a person; or
(ii) whether a clearance or exclusion issued to a person should be cancelled.



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