Disability Inclusion Act 2018 (SA)

South Australia Disability Inclusion Act 2018 An Act to promote the full inclusion in the community of people with disability; to assist people with disability to achieve their full potential as equal citizens; to promote improved access to mainstream supports and services by people with disability; to provide for NDIS worker check clearances and exclusions for the purposes of the National Disability Insurance Scheme; to provide for the screening of persons who want to work or volunteer with people with disability and to prohibit those who pose an unacceptable risk to people with disability from working or volunteering with them; to provide for a community visitor scheme; to provide for responsibilities of the State during and following the transition to the National Disability Insurance Scheme; and for other purposes.

Contents 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 Part 5—Repeal of Disability Services Act 1993 5 Repeal of Disability Services Act 1993 Schedule 2—Transitional provisions relating to NDIS worker check clearances 1 Interpretation 2 Certain applications for assessments of relevant history taken to be application for NDIS worker check clearance 3 Recognition of certain assessments of relevant history as NDIS worker check clearance Legislative history