South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

DISABILITY INCLUSION ACT 2018


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Interaction with other laws
   5.      Act to bind, and impose criminal liability on, the Crown
   6.      Part 2 not to create legally enforceable rights etc

   PART 2--Objects and principles

   7.      Act to support United Nations Convention on the Rights of Persons with Disabilities etc
   8.      Objects
   9.      Principles

   PART 3--Administration

   10.     Functions of Chief Executive
   11.     Powers of delegation
   12.     Guidelines

   PART 4--State Disability Inclusion Plan

   13.     State Disability Inclusion Plan
   14.     Annual report on operation of State Disability Inclusion Plan
   15.     Review of State Disability Inclusion Plan

   PART 5--Disability access and inclusion plans

   16.     Disability access and inclusion plans
   17.     Annual report on operation of disability access and inclusion plan
   18.     Review of disability access and inclusion plans

   PART 5A--Screening of NDIS workers

           Division 1--Preliminary

   18A.    Interpretation
   18B.    Meaning of disqualified and presumptively disqualified persons
   18C.    Criminal intelligence
   18D.    Protected information
   18E.    Powers of delegation
   18F.    Pending applications to be disregarded

           Division 2--NDIS worker check clearances and exclusions

   18G.    Application for NDIS worker check clearance
   18H.    Certain persons not permitted to apply for NDIS worker check clearance
   18I.    Determination of application--grant of NDIS worker check clearance
   18J.    Determination of application--issue of NDIS worker check exclusion
   18K.    Certain persons presumed to pose risk of harm to people with disability
   18L.    Notice of grant of NDIS worker check clearance or issue of NDIS worker check exclusion

           Division 3--Risk assessment

   18M.    Nature of risk assessment
   18N.    Requirement for risk assessment
   18O.    Matters to be considered in risk assessment

           Division 4--Duration and termination of NDIS worker check clearances and exclusions

   18P.    Duration of NDIS worker check clearance
   18Q.    Duration of NDIS worker check exclusion
   18R.    Suspension of NDIS worker check clearance
   18S.    Cancellation of NDIS worker check clearance
   18T.    Cancellation of NDIS worker check clearance at request of holder

           Division 5--Information gathering and sharing

              Subdivision 1--Information gathering

   18U.    Court to provide notice of certain findings of guilt to central assessment unit
   18V.    Commissioner of Police to provide information to central assessment unit on charging of certain persons
   18W.    Power to require information from applicant or clearance holder
   18X.    Power to require information from other persons

              Subdivision 2--Information sharing and use

   18Y.    Central assessment unit may disclose etc information with other jurisdictions
   18Z.    Access to police information
   18ZA.   Provision of information to central assessment unit
   18ZB.   Provision of information to NDIS employers and participants
   18ZC.   Power to retain information etc indefinitely

              Subdivision 3--Miscellaneous

   18ZD.   Notification by reporting bodies of conduct requiring risk assessment
   18ZE.   Information sharing for national register or database
   18ZF.   Information sharing for research, monitoring and auditing purposes
   18ZG.   Disclosure of information about offences
   18ZH.   Disclosure of information to prevent significant harm

           Division 6--Review of decisions by South Australian Civil and Administrative Tribunal

   18ZI.   Review of decisions by South Australian Civil and Administrative Tribunal

           Division 7--Miscellaneous

   18ZJ.   Fee payable where volunteer undertakes paid employment
   18ZK.   Effect of Part on other rights and procedures
   18ZL.   Limitation of liability
   18ZM.   False or misleading statements
   18ZN.   Evidentiary provision
   18ZO.   Failure to give notice of decisions
   18ZP.   Central assessment unit may seek external advice

   PART 6--Screening of persons working with people with disability

   19.     Interpretation
   20.     Working with people with disability
   21.     Certain persons prohibited from working with people with disability
   22.     Working with people with disability without current screening check prohibited
   22A.    Steps employers must take before employing person in prescribed position
   22B.    Employer to ensure screening check conducted at least every 5 years
   22C.    Employer to advise central assessment unit of certain information
   22D.    Records management system
   22E.    Inspection of records management system
   23.     Regulations to set out scheme for screening checks

   PART 6A--Restrictive practices

           Division 1--Preliminary

   23A.    Application of Part
   23B.    Interpretation
   23C.    Meaning of detention
   23D.    Prohibited restrictive practices
   23E.    Limits on kinds of restrictive practices that may be used by person
   23F.    Interaction with other Acts and laws
   23G.    Principles
   23H.    Minister to publish restrictive practices guidelines

           Division 2--Senior Authorising Officer

   23I.    Senior Authorising Officer
   23J.    Functions of Senior Authorising Officer
   23K.    Power of delegation

           Division 3--Authorised Program Officers

   23L.    Authorised Program Officers in respect of prescribed NDIS providers

           Division 4--Use of restrictive practices other than those involving detention

   23M.    General provisions relating to use of restrictive practices
   23N.    Authorised Program Officer may authorise use of level 1 restrictive practices
   23O.    Authorisation of use of level 1 or 2 restrictive practices by Senior Authorising Officer
   23P.    Revocation of authorisation to use restrictive practices

           Division 5--Information gathering and sharing

   23Q.    Senior Authorising Officer may require information from State authorities
   23R.    Senior Authorising Officer may require information from other persons
   23S.    Senior Authorising Officer may notify NDIA or the NDIS Quality and Safeguards Commission
   23T.    Senior Authorising Officer may disclose etc information to other jurisdictions
   23U.    Disclosure of information to prevent harm
   23V.    Disclosure of information for research purposes
   23W.    Provision of other information to Senior Authorising Officer
   23X.    Information sharing for national register or database

           Division 6--Dispute resolution

   23Y.    Internal review by Senior Authorising Officer
   23Z.    Review of decisions by South Australian Civil and Administrative Tribunal

           Division 7--Miscellaneous

   23ZA.   Limitation of liability
   23ZB.   Offence to hinder or obstruct Senior Authorising Officer etc
   23ZC.   False or misleading statements
   23ZD.   Evidentiary provision
   23ZE.   Minister to provide annual report on operation of Part to Parliament

   PART 7--Community Visitor Scheme

   24.     Community Visitor Scheme

   PART 8--National Disability Insurance Scheme

   25.     Regulations for the purpose of implementing etc the National Disability Insurance Scheme

   PART 9--Information gathering and sharing

   26.     Chief Executive may require State authority to provide report
   27.     Sharing of information between certain persons and bodies
   28.     Interaction with Public Sector (Data Sharing) Act 2016

   PART 10--Miscellaneous

   29.     Confidentiality
   30.     Victimisation
   31.     Service
   32.     Review of Act
   33.     Regulations
           SCHEDULE 1--Repeal
           SCHEDULE 2--Transitional provisions relating to NDIS worker check clearances
           Legislative history


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback