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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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