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DISABILITY SERVICES ACT 2006 NO. 12


TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
           Division 1--Introduction
   1.      Short title
   2.      Commencement
   3.      Act binds all persons
   4.      Contravention of this Act does not create civil cause of action
   5.      Act does not affect other rights or remedies
           Division 2--Objects
   6.      Objects of Act
   7.      How objects are mainly achieved
   8.      Finite resources available
           Division 3--Interpretation
   9.      Definitions
   10.     Notes in text
   11.     What is a disability
   12.     What are disability services
   13.     Meaning of service provider
   14.     Meaning of funded service provider
   15.     Meaning of non-government service provider
   16.     Meaning of approved non-government service provider
   17.     Meaning of funded non-government service provider
           Part 2--Disability rights
           Division 1--Human rights principle
   18.     Persons encouraged to have regard to human rights principle
   19.     Principle that people with a disability have the same human rights as others
           Division 2--Service delivery principles
   20.     Service delivery principles to be promoted by service providers
   21.     Focus on the development of the individual
   22.     Participation in planning and operation of services
   23.     Focus on a lifestyle the same as other people and appropriate for age
   24.     Coordination and integration of services with general services
   25.     Services to be tailored to meet individual needs and goals
   26.     People with a disability experiencing additional barriers
   27.     Promotion of competency, positive image and self-esteem
   28.     Inclusion in the community
   29.     No single service provider to exercise control over life of person with disability
   30.     Consideration for others involved with people with a disability
   31.     Service providers to make information available
   32.     Raising and resolving grievances
   33.     Access to advocacy support
           Part 3--Disability service standards
   34.     Minister may make disability service standards
   35.     When service standard takes effect
   36.     Notice and availability of service standards
           Part 4--Process for certifying whether service providers meet service standards
   37.     Minister may approve process
   38.     Minister may approve entity as suitable to accredit external certification body
   39.     Minister must publish approvals given under pt 4
   40.     Documents relating to process approved must be published
           Part 5--Complaints about the delivery of disability services by funded service providers
   41.     Complaints by consumers
   42.     Chief executive may refer matters to complaints agency
   43.     Complaints agency to inform chief executive about actions taken for complaint
           Part 6--Approved non-government service providers
   44.     Explanation
   45.     No entitlement to funding
   46.     Application for approval
   47.     Approval remains in force unless cancelled
   48.     Application for cancellation of approval
   49.     Cancellation of approval without application
   50.     Cancellation of approval if funded non-government service provider no longer exists
           Part 7--Funding of non-government service providers
   51.     Purpose of giving funding
   52.     When funding may be given
   53.     Types of funding
   54.     Recurrent funding for non-government service providers
   55.     Who may receive approval for one-off funding
   56.     No funding without agreement
   57.     Insurance for service outlets
   58.     What funding agreement is to contain
           Part 8--Prescribed requirements for funded non-government service providers
   59.     Prescribed requirements
   60.     Funded non-government service provider must comply with prescribed requirements
           Part 9--Screening of persons engaged by the department
           Division 1--Preliminary
   61.     Main purpose of pt 9
   62.     Safety of people with a disability to be paramount consideration
   63.     Persons engaged by the department
   64.     This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
   65.     Chief executive to advise of duties of disclosure etc.
           Division 2--Disclosure of criminal history
   66.     Persons seeking to be engaged by the department must disclose criminal history
   67.     Persons engaged by the department must disclose changes in criminal history
   68.     Requirements for disclosure
   69.     False, misleading or incomplete disclosure or failure to disclose
           Division 3--Chief executive may obtain information from other entities about criminal history and certain investigations
   70.     Chief executive may obtain report from commissioner of the police service
   71.     Prosecuting authority to notify chief executive about committal, conviction etc.
           Division 4--Controls on use of information about criminal history and certain investigations
   72.     Use of information obtained under this part
   73.     Person to be advised of information obtained
   74.     Guidelines for dealing with information
           Part 10--Screening of persons engaged by funded non-government service providers
           Division 1--Preliminary
   75.     Main purpose of pt 10
   76.     Safety of people with a disability to be paramount consideration
   77.     This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
           Division 2--Interpretation
   78.     What is engagement
   79.     What is a serious offence
   80.     What is a serious sexual or violent offence
   81.     What is an excluding offence
           Division 3--Risk management strategies
   82.     Risk management strategies about persons engaged by funded non-government service providers
           Division 4--Issue of prescribed notices for funded non-government service providers
   83.     Application for notice
   84.     Notice of change of engagement, or name and contact details in application under s 83
           85. Decision on application
   86.     Decision-making under s 85 in relation to discretionary matters
   87.     Actions of chief executive after making decision on application
   88.     Chief executive to invite submissions from engaged person about particular information
   89.     Currency of prescribed notice and positive notice card
           Division 5--Obligations and offences relating to prescribed notices
           Subdivision 1--Engagement of persons by funded non-government service provider
   90.     When person without current positive notice may be engaged
   91.     Prohibited engagement
           Subdivision 2--Obligations if holder of negative notice or application for prescribed notice is withdrawn
   92.     Person holding negative notice, or who has withdrawn consent to screening, not to apply for, or start or continue in, engagement by funded non-government service provider
           Subdivision 3--Changes in criminal history
   93.     Acquiring a criminal history
   94.     Effect of conviction for serious offence or charge for excluding offence
   95.     Change in criminal history of engaged person
   96.     Change in criminal history of other persons
           Subdivision 4--General
   97.     False or misleading disclosure
   98.     False or misleading documents
   99.     Return of positive notice and positive notice card to chief executive
           Division 6--Cancellation and replacement of prescribed notices
   100.    Cancellation of negative notice and issuing of positive notice
   101.    Chief executive may cancel a prescribed notice and substitute another prescribed notice
   102.    Cancellation if conviction for excluding offence and imprisonment or disqualification order
   103.    Cancellation if conviction for excluding offence but no imprisonment or disqualification order
   104.    Effect of charge for excluding offence pending charge being dealt with
   105.    Cancellation of suspension and issue of further prescribed notice
   106.    Replacement of positive notice or positive notice card
   107.    Change of details for prescribed notice or positive notice card
           Division 7--Miscellaneous
   108.    Person may apply for review of decision
   109.    Police commissioner may decide that information about a person is investigative information
   110.    Delegation by police commissioner of power under s 109 restricted
   111.    Decision by police commissioner that information is investigative information
   112.    Court to decide matters afresh
   113.    Consequence of decision on appeal
   114.    Chief executive may obtain information from police commissioner
   115.    Notice of change in police information about a person
   116.    Chief executive to give notice to funded non-government service provider about making screening decision about engaged person
   117.    Withdrawal of engaged person's consent to screening
   118.    Compliance with requirement to end, or not start, a person's engagement
   119.    Guidelines for dealing with information
   120.    Use of information obtained under this part about a person
   121.    Chief executive must give police commissioner a person's current address
   122.    Disqualification order
   123.    Register of persons engaged by funded non-government entities
           Part 11--Monitoring and enforcement
           Division 1--Authorised officers
   124.    Powers generally
   125.    Appointment
   126.    Qualifications for appointment
   127.    Appointment conditions and limit on powers
   128.    Issue of identity card
   129.    Production or display of identity card
   130.    When authorised officer ceases to hold office
   131.    Resignation
   132.    Return of identity card
           Division 2--Powers of authorised officers
           Subdivision 1--Entry of places
   133.    Power to enter places
   134.    Power to enter place where funded non-government service provider provides disability services
           Subdivision 2--Procedure for entry
   135.    Entry with consent
   136.    Application for warrant
   137.    Issue of warrant
   138.    Application by electronic communication and duplicate warrant
   139.    Defect in relation to a warrant
   140.    Warrants—procedure before entry
   141.    Entering a home and preserving privacy
           Subdivision 3--Powers after entry
   142.    General powers after entering a place
   143.    Failure to help authorised officer
   144.    Failure to answer questions
           Subdivision 4--Power to seize evidence
   145.    Seizing evidence after entry without consent or warrant
   146.    Seizing evidence after entry with consent or warrant
           Subdivision 5--Dealing with seized things
   147.    Definition for sdiv 5
   148.    Securing a seized thing
   149.    Tampering with a seized thing
   150.    Powers to support seizure
   151.    Authorised officer may require thing's return
   152.    Receipts for seized thing
   153.    Forfeiture of seized thing
   154.    Return of seized thing
   155.    Access to seized thing
           Subdivision 6--Power to obtain information
   156.    Power to require name and address
   157.    Failure to give name or address
   158.    Power to require production of documents
   159.    Failure to produce document
   160.    Failure to certify copy of document
           Subdivision 7--Other compliance matters
   161.    Compliance notice
           Division 3--General enforcement matters
   162.    Notice of damage
   163.    Compensation
   164.    False or misleading statements
   165.    False or misleading documents
   166.    Obstructing an authorised officer
   167.    Impersonation of an authorised officer
   168.    Chief executive may advise people with a disability and others of action taken in relation to funded non-government service providers
           Part 12--Appointment of interim manager
           Division 1--Appointment
   169.    Appointment
   170.    Basis for appointment
   171.    Suitability of proposed appointee
   172.    Terms of appointment
   173.    Notice to funded non-government service provider about appointment
   174.    Informing consumers about appointment
   175.    Initial period of appointment
   176.    Variation of appointment
   177.    Ending of appointment
           Division 2--Function and powers
   178.    Application of div 2
   179.    Interim manager's function
   180.    Interim manager's powers
   181.    Direction by chief executive
   182.    Other powers
   183.    Limitation on powers under instrument of appointment
   184.    Production of instrument of appointment for inspection
   185.    Obstruction
           Division 3--Other matters
   186.    Access to information or documents
   187.    Confidentiality
   188.    Remuneration
   189.    Funded non-government service provider liable for remuneration and other costs
   190.    Accounts and reports
   191.    Compensation
           Part 13--Legal proceedings
           Division 1--Application
   192.    Application of pt 13
           Division 2--Evidence
   193.    Appointments and authority
   194.    Signatures
   195.    Evidentiary provisions
   196.    Positive notice card is evidence of holding positive notice
           Division 3--Proceedings
   197.    Indictable and summary offences
   198.    Proceedings for indictable offences
   199.    Limitation on who may summarily hear indictable offence proceedings
   200.    Proceeding for offences
   201.    When proceeding may start
   202.    Allegations of false or misleading information or document
   203.    Forfeiture on conviction
   204.    Dealing with forfeited thing
   205.    Responsibility for acts or omissions of representative
   206.    Executive officers must ensure corporation complies with Act
           Part 14--Reviews and appeals
           Division 1--Reviewable decisions
   207.    Reviewable decisions
   208.    Chief executive must give notice after making reviewable decision
           Division 2--Review of decision
   209.    Application for review
   210.    Stay of operation of original decision
   211.    Review decision
           Division 3--Appeal against decision
   212.    Appeal against review decision
   213.    Appeal is by way of rehearing
           Part 15--Miscellaneous
           Division 1--Records
   214.    Funded non-government service provider must keep records
           Division 2--Other matters
   215.    Disability service plans for departments
   216.    Establishment of Ministerial advisory committees
   217.    Membership of advisory committee
   218.    Dissolution
   219.    Other matters
   220.    Person with a disability must advise chief executive about compensation
   221.    Confidentiality of information about criminal history and related information
   222.    Confidentiality of other information
   223.    Power to require information or documents
   224.    Protection from liability for giving information
   225.    Chief executive to advise on-disclosure
   226.    Chief executive may enter into arrangement about giving and receiving information with police commissioner
   227.    Delegation by Minister
   228.    Delegation by chief executive
   229.    Protecting officials from liability
   230.    Approval of forms
   231.    Service of documents
   232.    Regulation-making power
   233.    Review of Act
           Part 16--Repeal and transitional provisions
           Division 1--Repeal
   234.    Repeal of Disability Services Act 1992
           Division 2--Transitional provisions
   235.    Definitions for div 2
   236.    Screening of persons engaged by funded non-government service providers at the commencement
   237.    Certain non-government service providers taken to be approved under part 6 and to be funded non-government service providers
   238.    When grants of financial assistance under the repealed Act continue
   239.    Queensland disability service standards to continue in force
   240.    Disability sector quality system to continue in force
           Part 17--Consequential amendments
   241.    Acts amended
           SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
           SCHEDULE 2 REVIEWABLE DECISIONS
           SCHEDULE 3 CURRENT SERIOUS OFFENCES
           Schedule 4--Repealed or expired serious offences
           SCHEDULE 5 CURRENT SERIOUS SEXUAL OR VIOLENT OFFENCES
           SCHEDULE 6 REPEALED OR EXPIRED SERIOUS SEXUAL OR VIOLENT OFFENCES
           SCHEDULE 7 DICTIONARY
           
           


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