So Et m ++ AUDAX - AT: FIDELIS + Queensland Disability Services (Criminal History) Amendment Bill 2009 Contents Queensland Disability Services (Criminal History) Amendment Bill 2009 Shorttitle 0... eee eee Actamended ........... 00.0000. eee eee Amendment of s 123 (Register of persons engaged by funded non-government entities) ............ 0.0.00. e ee eee eee Insertion of new pt 10AA .......... 000... eee eee eee Part 10AA Carers with violent criminal histories Division 1 Interpretation 123AA Definitions for pt10AA ..................00000, Division 2 Prohibition on engagement of carers with violent criminal histories 123AB Service provider must not engage person with violent criminal history as acarer................ 123AC Person with violent criminal history must not apply for, or start or continue in, engagement as a carer... Division 3 Issue of carer prohibition notices 123AD Chief executive to issue carer prohibition notices. . . . 123AE Review of decision about exceptional case ........ 123AF Period of carer prohibition notice ................ Division 4 Criminal history screening process for non-funded service providers 123AG Application of div4..................00022000. 123AH Screening of people engaged, or proposed to be engaged, as carers by non-funded service providers 123Al Disclosure obligations etc. of people engaged as a carer by non-funded service providers............ 123AJ Register of persons engaged by non-funded service providers ic eee eee eee Amendment of sch 7 (Dictionary)............... 000-000 ee A Bill for An Act to amend the Disability Services Act 2006 to prohibit people with violent criminal histories being engaged as carers of people with a disability Disability Services (Criminal History) Amendment Bill 2009 [s 1] The Parliament of Queensland enacts— Clause 1 Clause 2 Clause 3 Clause 4 Page 4 Short title This Act may be cited as the Disability Services (Criminal History) Amendment Act 2009. Act amended This Act amends the Disability Services Act 20006. Amendment of s 123 (Register of persons engaged by funded non-government entities) (1) Section 123(2)(c), after 'notice' — insert— ', or a carer prohibition notice under part 10AA,'. (2) Section 123(2)(d), after 'notice'— insert— 'and, if applicable, the carer prohibition notice'. (3) Section 123(2)(f), after 'notice' — insert— 'or a carer prohibition notice'. Insertion of new pt 10AA After part 10— insert— RW \o ON NA UN fF WN KF CO \o wo Disability Services (Criminal History) Amendment Bill 2009 [s 4] 'Part 10AA Carers with violent criminal histories 'Division 1 Interpretation "123AA Definitions for pt 10AA 'In this part— 7 year period means the 7 year period ending on the day a person's criminal history is considered by the chief executive for the purpose of deciding whether to issue a carer prohibition notice to the person. carer means a person engaged by a service provider to care for another person who needs ongoing support because of a disability. carer prohibition notice see section 123AD(2). engaged person see section 123AD(1)(a). non-funded service provider see section 123AG. violent criminal history, of a person, means a criminal history that includes a conviction or charge of the person for a violent offence committed, or alleged to have been committed, within the 7 year period. violent offence means any offence involving violence against a person. Page 5 OMDAND Nn fF Po OMDMND UN FW NK O Nw Disability Services (Criminal History) Amendment Bill 2009 [s 4] 'Division 2 Prohibition on engagement of carers with violent criminal histories '123AB Service provider must not engage person with violent criminal history as a carer '1)_ A service provider must not engage, or continue to engage, a person as a carer at a service outlet of the service provider, if— (a) the service provider is aware that a carer prohibition notice has been issued to the person and is current; or (b) for anon-funded service provider— (i) _ the service provider has not made a request about the person under section 123AH(1); or (ii) the service provider is aware the person has withdrawn, or is deemed to have withdrawn, his or her consent to screening under part 10 as applied by section 123AH before a decision about whether to issue a carer prohibition notice to the person was made. Maximum penalty— (a) for an individual guilty under chapter 2 of the Criminal Code of an offence or for section 206—100 penalty units; or (b) for the service provider—500 penalty units. '(2) This section applies despite any other provision in this Act. "123AC Person with violent criminal history must not apply Page 6 for, or start or continue in, engagement as a carer ') A person must not apply for, or start or continue in, engagement as a carer by a service provider if— (a) acarer prohibition notice is issued to the person and is current; or w CO OND NH COANDNDMNHP WN YF CO NX So NNW WN re NY N nn & 27 29 31 Disability Services (Criminal History) Amendment Bill 2009 [s 4] (b) the service provider is a non-funded service provider and— (i) _ the service provider has not made a request about the person under section 123AH(1); or (ii) the person withdrew the person's consent, or is taken to have withdrawn the person's consent, to screening under part 10 as applied by section 123AH before a decision about whether to issue a carer prohibition notice to the person was made. Maximum penalty—SO0 penalty units or 5 _ years imprisonment. '(2) This section applies despite any other provision in this Act. 'Division 3 Issue of carer prohibition notices '1{23AD Chief executive to issue carer prohibition notices '(1)_ This section applies if— (a) _ the chief executive obtains police information under part 9 or 10, including part 10 as applied by section 123AH, about a person (an engaged person) seeking to be engaged, or who is engaged, by a service provider as a carer; and (b) _ the chief executive is satisfied the engaged person has a violent criminal history; and (c) _ the chief executive does not propose to issue a negative notice under part 10 to the engaged person. '(2) The chief executive must give the engaged person a notice (a carer prohibition notice) stating the person can not be engaged by a service provider as a carer. "(3) However, subsection (2) does not apply if— (a) the engaged person's criminal history does not include any convictions for violent offences; and Page 7 COMANIDN BPW NR NX SOmMIND nn f 22 24 2630 Disability Services (Criminal History) Amendment Bill 2009 [s 4] (4) "O) (6) (b) _ the chief executive is satisfied it is an exceptional case in which it would not harm the best interests of people with a disability for the engaged person to be engaged by a service provider as a carer. For deciding whether or not there is an exceptional case as mentioned in subsection (3)(b), the chief executive must— (a) have regard to the factors mentioned in section 86(2); and (b) comply with section 88 as if the chief executive was deciding whether there is an exceptional case as mentioned in section 85(4) or (7). If the chief executive issues a carer prohibition notice to the engaged person, the notice must be accompanied by— (a) notice of the matters mentioned in section 87(2); and (b) acopy of section 123AE. For subsection (5), section 87(2) applies as if a reference in that section to an exceptional case mentioned in section 85(4) or (7) were a reference to an exceptional case mentioned in subsection (3)(b). *123AE Review of decision about exceptional case ") 2) A person may apply to the tribunal for a review of a decision by the chief executive as to whether or not there is an exceptional case as mentioned in section 123AD(3)(b) if, because of the decision, the chief executive issued a carer prohibition notice to the person. Section 108 applies for the application as if— (a) _ the application were made under section 108(1); and (b) a decision to issue a carer prohibition notice were a decision to issue a negative notice. *{23AF Period of carer prohibition notice ") Page 8 A carer prohibition notice remains current until the day that is 7 years from the date of the most recent violent offence ©0 ON DN FPWNKR CAND VN FF WHY KO 222427 29 32 2) 'B) Disability Services (Criminal History) Amendment Bill 2009 [s 4] committed, or alleged to have been committed, by the engaged person. However, the chief executive may cancel the carer prohibition notice if the chief executive is satisfied that— (a) the decision to issue the notice to the engaged person was based on wrong or incomplete information; and (b) based on the correct or complete information, the chief executive should not have issued the notice. The chief executive may cancel the carer prohibition notice on the application of the engaged person or on the chief executive's own initiative. 'Division 4 Criminal history screening process for non-funded service providers "123AG Application of div 4 'This division applies to a service provider (a non-funded service provider) other than a funded service provider. "123AH Screening of people engaged, or proposed to be engaged, as carers by non-funded service providers ") 2) A non-funded service provider who proposes to start engaging, or continue engaging, a person as a carer at a service outlet of the service provider may ask the chief executive to obtain police information about the person under part 10 for the purpose of deciding whether to issue a carer prohibition notice to the person. For the making of a request under subsection (1) and the obtaining of police information about the person, the relevant provisions apply, with any necessary modifications, as if— (a) the service provider were a funded non-government service provider; and Page 9 CON DAN BW NR ro An 21232629 Disability Services (Criminal History) Amendment Bill 2009 [s 4] 'B) (b) (c) (d) (e) (f) (g) a request by the service provider under subsection (1) were an application made under section 83 for a prescribed notice; and for section 109, investigative information includes evidence of acts or omissions that, at the time of the acts or omissions, constituted violent offences; and a carer prohibition notice issued to the person were a negative notice; and a reference in section 113 to section 101 were a reference to section 123AF(3); and a reference in section 113 to a decision about an exceptional case as mentioned in section 85(4) or (7) were a reference to a decision about an exceptional case as mentioned in section 123 AD(3)(b); and a reference in section 97 or 98 to part 10 included a reference to this part. For this section, the relevant provisions are sections 78 (other than subsection (4)), 83(2) to (5), 84, 109 and 111 to 117. "123Al Disclosure obligations etc. of people engaged as a carer by non-funded service providers 'Sections 95, 97 and 98 apply to a person engaged by a non-funded service provider as a carer as if the person were engaged by a funded non-government service provider. "123AJ Register of persons engaged by non-funded service providers '1) The chief executive must keep a register with up-to-date information for each person for whom a request is made under section 123AH(1). The register may include the matters decided by the chief executive but must include the following— 2) Page 10 (a) (b) the person's name; the name of the service provider engaging the person; COON DANK WNR CN DN FPWNrF CO 2225 2730 32 Clause 5 'B) (4) Disability Services (Criminal History) Amendment Bill 2009 [s 5] (c) whether a carer prohibition notice was issued and, if a notice was issued, the date of issue; (d) if the person withdraws, or is taken to have withdrawn, his or her consent to screening under part 10 as applied by section 123AH, the date of the withdrawal; (e) _ if the person applies for a review of the chief executive's decision relating to a carer prohibition notice, details of the review and its outcome. If a non-funded service provider proposes to start engaging a person at a service outlet of the service provider, the service provider may apply to the chief executive in the approved form for information contained in the register. If a non-funded service provider asks the chief executive for information contained in the register, the chief executive must give the service provider the information.'. Amendment of sch 7 (Dictionary) d) (2) Schedule 7— insert— '7 year period, for part 10AA, see section 123AA. carer, for part 1OAA, see section 123AA. carer prohibition notice, for part 1OAA, see section 123AA. non-funded service provider, for part 10AA, see section 123AA. violent criminal history, for part 1OAA, see section 123AA. violent offence, for part 1OAA, see section 123AA.'. Schedule 7, definition engaged person— omit, insert— 'engaged person— (a) for part 10, see section 83(1); or (b) for part 10AA, see section 123AA.'. Page 11 C0 OAD NHW NRE ABW NRO owonn a 21 23 252729