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DISABILITY INCLUSION ACT 2014 - SECT 36

Secretary to conduct probity check of particular departmental workers

36 Secretary to conduct probity check of particular departmental workers

(1) The Secretary must ensure that a person is not engaged as a relevant worker of the Department unless the Secretary 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.
(2) In deciding whether a person is a suitable person for the purposes of subsection (1), the Secretary must ensure that, before the person is engaged as a relevant worker:
(a) a criminal record check is conducted or obtained in relation to the person, and
(b) the Secretary obtains a reference for the relevant worker from at least one referee nominated by the worker.
(3) The Secretary must ensure that a further criminal record check is conducted or obtained in relation to a relevant worker at least every 4 years.
(4) The Secretary must not engage or continue to engage a person as a relevant worker if:
(a) the Secretary 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.
(5) Despite subsection (4) (a), the Secretary may engage or continue to engage a person as a relevant worker if the engagement or continued engagement is in accordance with:
(a) all of the following:
(i) the Secretary 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 Secretary 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.
(6) 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.
(7) If the regulations provide for the use of a statutory declaration to verify a person's criminal record and the Secretary uses a statutory declaration instead of a criminal record check for the purposes of this section:
(a) a requirement in subsection (2) or (3) 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) subsection (4) (a) applies as if the reference in that paragraph to a criminal record check were a reference to a statutory declaration, and
(c) subsection (4) (b) applies as if the reference in that paragraph to obtain or submit to a criminal record check were a reference to provide a statutory declaration.
(8) This section does not affect a person's engagement in any employment or role with the Department other than as a relevant worker.
(9) In this section:

"prescribed criminal offence" has the same meaning as in section 32.

"relevant worker" of the Department means a person who is engaged by the Department 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 a Public Service employee within the meaning of the Government Sector Employment Act 2013 ,
(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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