Disability Services and Other Legislation (Worker Screening) Amendment Bill 2018 (Qld)

An Act to amend the Disability Services Act 2006 and the Police Service Administration Act 1990 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Disability Services and Other Legislation (Worker Screening) Amendment Act 2018.

2 Commencement Part 3 commences on a day to be fixed by proclamation.

Part 2 Amendment of Disability Services Act 2006

3 Act amended This part amends the Disability Services Act 2006.

4 Insertion of new s 44A Part 5, division 2— insert—

44A Meaning of sole trader A sole trader is an individual who— (a) is an NDIS non-government service provider; and (b) in providing disability services as an NDIS non-government service provider, provides the disability services personally.

5 Amendment of s 46 (Persons engaged by a funded non-government service provider or an NDIS non-government service provider at a service outlet) (1) Section 46— insert— (2A) Also, for this part, an NDIS non-government service provider who is a sole trader is taken to be engaged by the service provider to carry out work at a service outlet of the service provider if the sole trader carries out, or is to carry out, the work at the outlet. (2) Section 46(2A) to (7)— renumber as section 46(3) to (8).

6 Amendment of s 52 (Application for prescribed notice) (1) Section 52(1), 'another person'— omit, insert— a person (2) Section 52(2)(c), after 'person'— insert— , unless the engaged person is a sole trader (3) Section 52(3)(b)— omit, insert— (b) certification by the following entity that the entity has sighted documents, relating to proof of the engaged person's identity, prescribed by regulation— (i) for an application by a funded non-government service provider or an NDIS non-government service provider, other than a sole trader—the service provider; (ii) for an application by a sole trader—a prescribed person; and (4) Section 52— insert— (8) Subsections (5) to (7) do not apply to a sole trader.