Disability Inclusion (NDIS Worker Check) Regulations 2020 (SA)

South Australia Disability Inclusion (NDIS Worker Check) Regulations 2020 under the Disability Inclusion Act 2018

Contents 1 Short title 2 Commencement 3 Interpretation 4 Meaning of corresponding law 5 Meaning of disqualification offence 6 Meaning of presumptive disqualification offence 7 Relevant laws 8 Protected information 9 Prescribed functions and powers 10 Additional powers to terminate NDIS worker check clearance application 11 Requirements relating to notice of grant of NDIS worker check clearance etc 12 Court to provide notice of certain findings of guilt to central assessment unit 13 Commissioner of Police to provide information on charging of certain persons 14 Central assessment unit may disclose etc information with other jurisdictions 15 Disclosure of information about offences 16 Non-reviewable decisions 17 Minister may establish advisory panel 18 Requirement to notify central assessment unit of change of particulars Schedule 1—Disqualification offences 1 Disqualification offences 2 Table of disqualification offences Schedule 2—Presumptive disqualification offences 1 Interpretation 2 Presumptive disqualification offences 3 Table of presumptive disqualification offences Legislative history

1—Short title These regulations may be cited as the Disability Inclusion (NDIS Worker Check) Regulations 2020. 2—Commencement These regulations come into operation on the day on which Part 5A of the Disability Inclusion Act 2018 (as enacted by the Statutes Amendment (Screening) Act 2019) comes into operation. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Disability Inclusion Act 2018; child means a person aged under 18 years old; relative, of a person, means a person who is or was— (a) related by marriage, consanguinity or adoption to the person; or (b) related through a domestic partnership to the person; or (c) a step‑child or step‑sibling of the person (regardless of age); or (d) the guardian of the person; or (e) acting in loco parentis in relation to the person; or (f) related to the person according to Aboriginal or Torres Strait Islander kinship rules, or where both persons are members of some other culturally recognised family group; or (g) a carer of the person (within the meaning of the Carers Recognition Act 2005); vulnerable person means an adult person who, by reason of age, illness or disability, is unable to properly care for themselves, or protect themselves against harm or exploitation. 4—Meaning of corresponding law For the purposes of paragraph (b) of the definition of corresponding law in section 18A(1) of the Act, the following laws are prescribed: (a) the Working with Vulnerable People (Background Checking) Act 2011 of the Australian Capital Territory; (b) the National Disability Insurance Scheme (Worker Checks) Act 2018 of New South Wales; (c) the National Disability Insurance Scheme (Worker Clearance) Act 2020 of the Northern Territory; (d) the Registration to Work with Vulnerable People Act 2013 of Tasmania; (e) the Worker Screening Act 2020 of Victoria. 5—Meaning of disqualification offence For the purposes of the definition of disqualification offence in section 18A(1) of the Act, the offences set out in Schedule 1 are, subject to that Schedule, declared to be disqualification offences. 6—Meaning of presumptive disqualification offence For the purposes of the definition of presumptive disqualification offence in section 18A(1) of the Act, the offences set out in Schedule 2 are, subject to that Schedule, declared to be presumptive disqualification offences. 7—Relevant laws For the purposes of paragraph (e) of the definition of relevant law in section 18A(1) of the Act, the following laws are prescribed: (a) the Children and Young People (Safety) Act 2017; (b) the Guardianship and Administration Act 1993; (c) the Ageing and Adult Safeguarding Act 1995; (d) a law of the Commonwealth, or another State or Territory, corresponding to the Children and Young People (Safety) Act 2017; (e) the Ombudsman Act 1989 of the Australian Capital Territory; (f) the Working with Vulnerable People (Background Checking) Act 2011 of the Australian Capital Territory; (g) the Child Protection (Working with Children) Act 1998 of New South Wales; (h) the Ombudsman Act 1974 of New South Wales; (i) the Care and Protection of Children Act 2007 of the Northern Territory; (j) the Working with Children (Risk Management and Screening) Act 2000 of Queensland; (k) the Disability Services Act 2006 of Queensland; (l) the Registration to Work with Vulnerable People Act 2003 of Tasmania; (m) the Working with Children Act 2005 of Victoria; (n) the Disability Service Safeguards Act 2018 of Victoria; (o) the Working with Children (Criminal Record Checking) Act 2004 of Western Australia; (p) a previous enactment corresponding to a law referred to in a preceding paragraph. 8—Protected information (1) The Registrar must maintain a register of all decisions to classify information as protected information. (2) The register may include such information as the Registrar thinks fit. (3) The register may only be inspected with the permission of the Registrar. 9—Prescribed functions and powers For the purposes of section 18E(2) of the Act, the classification of information as protected information under section 18D(1) of the Act is prescribed. 10—Additional powers to terminate NDIS worker check clearance application (1) Pursuant to section 18G(9) of the Act, the central assessment unit may refuse or terminate an application if— (a) the application is not verified by an NDIS employer who is registered with the NDIS Commission; or (b) the applicant is excluded by another jurisdiction while their application is being processed; or (c) the applicant is, either at the time of application or while their application is being processed, suspended by another jurisdiction from working with people with disability (however described); or (d) the applicant is not permitted to apply pursuant to section 18H of the Act. (2) For the purposes of subregulation (1), a reference to an applicant being excluded includes a reference to the applicant being prevented under the laws of the Commonwealth, or any other State or Territory, from working with people with disability (however described). 11—Requirements relating to notice of grant of NDIS worker check clearance etc (1) For the purposes of section 18L(1) of the Act, the grant of an NDIS worker check clearance, or the issue an NDIS worker check exclusion, must comply with any relevant requirements set out in guidelines published under section 12 of the Act. (2) For the purposes of section 18L(1) of the Act, a notice under that subsection must be issued as soon as is reasonably practicable after the determination to grant an NDIS worker check clearance or issue an NDIS worker check exclusion (as the case requires) is made. 12—Court to provide notice of certain findings of guilt to central assessment unit (1) For the purposes of section 18U of the Act, the following information relating to a finding of guilt is prescribed: (a) the full name, date of birth and residential address of the person to whom the finding of guilt relates; (b) the particulars of the offence of which the person was found guilty; (c) the date on which the person was found guilty of the offence; (d) the court that made the finding of guilt. (2) For the purposes of section 18U of the act, the information prescribed by subregulation (1) must be provided to the central assessment unit in a manner and form determined by the Registrar. 13—Commissioner of Police to provide information on charging of certain persons (1) For the purposes of section 18V of the Act, the following information relating to a charge of a disqualification offence or presumptive disqualification offence against a person is prescribed: (a) the full name, date of birth and residential address of the charged person (if known); (b) particulars of the charge; (c) a description of any conduct to which the charge relates (including, but not limited to whether the alleged victim was a child or an adult); (d) if the charge relates to an aggravated offence under the Criminal Law Consolidation Act 1935—the aggravating circumstances. (2) For the purposes of section 18V of the act, the information prescribed by subregulation (1) must be provided to the central assessment unit in a manner and form determined by the Registrar. 14—Central assessment unit may disclose etc information with other jurisdictions For the purposes of paragraph (b) of the definition of prescribed person or body in section 18Y(3) of the Act, the following persons and bodies are prescribed: (a) the NDIS Commission; (b) the Australian Criminal Intelligence Commission; (c) the National Disability Insurance Agency; (d) the Department of Social Services of the Commonwealth. 15—Disclosure of information about offences For the purposes of the definition of relevant offence in section 18ZG(2) of the Act, any offence determined by the central assessment unit to be a relevant offence is prescribed. 16—Non-reviewable decisions For the purposes of paragraph (c) of the definition of non‑reviewable decision in section 18ZI(5) of the Act, the following decisions are declared to be included in the ambit of that definition: (a) a decision to refuse to grant a clearance under section 18I(2) of the Act; (b) a decision to cancel a clearance under section 18S(2) of the Act; (c) a decision to terminate an application for a clearance or cancel a clearance under section 18W of the Act; (d) a decision to terminate an application under regulation 10(1). 17—Minister may establish advisory panel (1) For the purposes of section 18ZP(2) of the Act, the Minister may establish an advisory panel to assist the central assessment unit in the performance of its functions under Part 5A of the Act. (2) The advisory panel consists of such members as the Minister thinks fit. (3) A member of the advisory panel will hold office for a term, and on conditions, determined by the Minister. (4) A member of the advisory panel (not being a member who is a member of the Public Service) is entitled to such allowances and expenses as may be determined by the Minister. (5) Subject to any direction of the Minister, the advisory panel may determine its own procedures. 18—Requirement to notify central assessment unit of change of particulars (1) The holder of an NDIS worker check clearance must notify the central assessment unit in a form approved by the central assessment unit of any relevant change of particulars within 3 months of the change occurring. Maximum penalty: $50 000. (2) In this section— relevant change of particulars means— (a) a change in the holder's name, residential address or contact details; or (b) the use of another name or names by the holder.