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DISABILITY INCLUSION ACT 2014 - SECT 32

Conditions about probity checks--eligible entities receiving financial assistance

32 Conditions about probity checks--eligible entities receiving financial assistance

(1) It is a condition of the provision of financial assistance to an eligible entity that the requirements of this section relating to its relevant workers and relevant board members must be complied with.
(2) The eligible entity must ensure a person is not engaged as a relevant worker or relevant board member of the entity unless it is satisfied that the person is a suitable person to be involved in the provision of supports and services to persons in the target group.
(3) In deciding whether a person is a suitable person for the purposes of subsection (2), the eligible entity must ensure that, before the person is engaged as a relevant worker or relevant board member:
(a) a criminal record check is conducted or obtained in relation to the person, and
(b) the eligible entity obtains a reference for the relevant worker or relevant board member from at least one referee nominated by the worker or member.
(4) The eligible entity must ensure that a further criminal record check is conducted or obtained in relation to each relevant worker and relevant board member of the entity at least every 4 years.
(5) The eligible entity must not engage or continue to engage a person as a relevant worker if:
(a) the entity is satisfied, having regard to the person's criminal record check, that the person has been convicted of a prescribed criminal offence, or
(b) the person refuses to obtain or submit to a criminal record check for the purposes of this section.
(6) The eligible entity must ensure a person is not engaged, or allowed to continue to be engaged, as a relevant board member of the entity if:
(a) the entity is satisfied, having regard to the person's criminal record check, that the person has been convicted of a prescribed criminal offence, or
(b) the person refuses to obtain or submit to a criminal record check for the purposes of this section.
(7) Despite subsections (5) (a) and (6) (a), the eligible entity may engage or continue to engage a person as a relevant worker or relevant board member if the engagement or continued engagement is in accordance with:
(a) all of the following:
(i) the entity is satisfied, having regard to the person's criminal record check, that the person has not been convicted of a prescribed sexual offence as defined in the Criminal Procedure Act 1986 ,
(ii) if the person has been convicted of a prescribed criminal offence (other than a prescribed sexual offence)--the person's criminal record check shows that the person has not been convicted of any further prescribed criminal offence within the 10-year period immediately before the criminal record check was conducted or obtained and the person has not served any period of imprisonment during that period for a prescribed criminal offence,
(iii) the entity is satisfied that the person is a suitable person to be involved in the provision of supports and services to persons in the target group, and
(b) any circumstances prescribed by the regulations.
(8) The regulations may make provision relating to obtaining and conducting criminal record checks for the purposes of this section, including the use of a statutory declaration to verify a person's criminal record when a criminal record check cannot be conducted or obtained.
(9) If the regulations provide for the use of a statutory declaration to verify a person's criminal record and an eligible entity uses a statutory declaration instead of a criminal record check for the purposes of this section:
(a) a requirement in subsection (3) or (4) to conduct or obtain a criminal record check is taken to be a requirement to obtain a statutory declaration about the person's criminal record, and
(b) subsections (5) (a), (6) (a) and (7) (a) apply as if a reference in those paragraphs to a criminal record check were a reference to a statutory declaration, and
(c) subsections (5) (b) and (6) (b) apply as if the reference in those paragraphs to obtain or submit to a criminal record check were a reference to provide a statutory declaration.
(10) This section does not affect a person's engagement in any employment or role with an eligible entity other than as a relevant worker or relevant board member.
(11) In this section:

"prescribed criminal offence" means:
(a) an offence stated in Schedule 2, or
(b) another offence prescribed by the regulations.

"relevant board member" of an entity means a person who is a member of the governing body (whatever called) of the entity and who works, or is likely to work, directly with persons in the target group in a way that involves face to face or physical contact with those persons.

"relevant worker" of an eligible entity means a person who is engaged by the entity in any of the following capacities to provide supports and services directly to persons in the target group in a way that involves face to face or physical contact with those persons:
(a) as an employee,
(b) as a volunteer,
(c) as a person undertaking training as part of an educational or vocational course or program (other than a school student on work experience),
(d) as a self-employed person, contractor or subcontractor,
(e) as a person of a type prescribed by the regulations.



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