National Disability Insurance Scheme (Worker Screening) Act 2020 (WA)

Western Australia National Disability Insurance Scheme (Worker Screening) Act 2020 Western Australia National Disability Insurance Scheme (Worker Screening) Act 2020 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Act binds Crown 1 4. Paramount consideration 1 5. Terms used 1 6. Class 1 offence and Class 2 offence 1 7. Conviction 1 8. Disqualified person and presumptively disqualified person 1 9. Conduct, circumstances and criminal matters before commencement of Act 1 Part 2 — NDIS worker check clearances and exclusions Division 1 — Applications for clearance 10. Making an application 1 11. Certain persons not entitled to apply 1 12. Determination of application 1 13. Interim bar 1 14. Notice of proposed refusal of application 1 15. Notice of final decision 1 16. Withdrawal of application 1 Division 2 — Risk assessment 17. Nature of risk assessment 1 18. Circumstances in which risk assessment will occur 1 19. Risk assessment of presumptively disqualified person 1 20. Matters to be considered in risk assessment 1 Division 3 — Duration and renewal of clearances 21. Duration of clearances 1 22. Application for further clearance 1 Division 4 — Suspension and cancellation of NDIS worker check clearance certificates 24. Suspension of NDIS worker check clearance certificates 1 25. Cancellation of NDIS worker check clearance certificates 1 26. Cancellation at request of holder 1 Division 5 — Exclusions 27. Duration of exclusion 1 28. Cancellation of NDIS worker check exclusion certificate 1 Division 6 — Change in criminal record or other information 29. Meaning of relevant change in criminal record and requirement to give notice of that change 1 30. Applicant must notify CEO of relevant change in criminal record 1 31. Person holding clearance must notify CEO of relevant change in criminal record 1 32. Change in particulars 1 Part 3 — Information gathering and sharing Division 1 — Criminal record checks 33. CEO may carry out criminal record checks 1 Division 2 — General power to obtain, provide and use information 34. General power to obtain, provide and use information 1 Division 3 — Provision of specific information 35. Provision of information by police and other officials or bodies 1 36. Provision of information by registration and regulatory authorities 1 Division 4 — Information sharing for national register or database 37. Information sharing for national register or database 1 Division 5 — Ability to require the provision of information 38. Power to require information from clearance holder 1 39. Power to require reports from CEO (Justice) 1 Division 6 — Related provisions 40. Access to police information 1 41. Access to other information 1 42. Provision of information to NDIS employers 1 43. Provision of information to certain bodies 1 44. Disclosure of information to prevent harm 1 Part 4 — Review Division 1 — Internal review 45. Terms used 1 46. Application for internal review 1 47. Extension of time to apply for internal review 1 48. Consideration of application for internal review 1 49. Withdrawal of application 1 Division 2 — External review 50. Terms used 1 51. Application for external review 1 Part 5 — Authorised officers and enforcement Division 1 — Preliminary 52. Terms used 1 Division 2 — Authorised officers 53. Designation of authorised officers 1 54. Identity cards 1 Division 3 — Powers of investigation 55. Entry to places 1 56. Powers after entering place 1 57. Directions to provide information or documents 1 58. Additional powers for relevant records 1 59. Offence to contravene directions 1 60. Exercise of powers may be recorded 1 61. Assistance and use of force to exercise power 1 62. Procedure of seizing things 1 63. Application of Criminal and Found Property Disposal Act 2006 1 Division 4 — Entry warrants 64. Application for entry warrant 1 65. Issue and content of entry warrant 1 66. Refusal of entry warrant 1 67. Effect of entry warrant 1 Part 6 — General 68. Offence to work without clearance, without having applied for clearance or if subject to an exclusion 1 69. Offence to give false or misleading information 1 70. Service of documents 1 71. Offence to use or disclose information obtained 1 72. Ability to provide information and protection from liability 1 73. Protection from personal liability 1 74. Failure to give notice of decision 1 75. Protection of legal professional privilege 1 76. Effect of Act on other rights and procedures 1 77. Evidentiary matters 1 78. Delegation by CEO 1 79. Delegation by prescribed authorities 1 80. Commencement of proceedings 1 81. Regulations 1 82. Transitional regulations 1 83. Review of Act 1 Part 7 — Consequential amendments to other Acts Division 1 — Spent Convictions Act 1988 amended 84. Act amended 1 85. Section 28 amended 1 86. Schedule 3 amended 1 3. Exceptions as to spent convictions relating to the protection of people with disability 1 Division 2 — Working with Children (Criminal Record Checking) Act 2004 amended 87. Act amended 1 88. Section 4 amended 1 89. Section 37A inserted 1 37A. Exchange of information under National Disability Insurance Scheme (Worker Screening) Act 2020 1 90. Section 39A inserted 1 39A. Ability to provide information and protection from liability 1 Schedule 1 — Class 1 offences Schedule 2 — Class 2 offences Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia National Disability Insurance Scheme (Worker Screening) Act 2020 An Act to provide for the screening of workers in connection with the operation of the National Disability Insurance Scheme and to amend certain other Acts as a consequence of this Act.