South Australian Current Acts
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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
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