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CLAUSE NOTES
Disability Services Amendment Bill 2019
Clause 1 Short Title
Provides the short title of the Amendment Act.
Clause 2 Commencement
Provides for the Amendment Act to commence on Royal Assent.
Clause 3 Principal Act
States that the Disability Services Act 2011 is the Principal Act.
Clause 4 Section 5 substituted
Replaces the current Principles in the Principal Act with a new set
of Principles derived from the (Commonwealth) National Disability
Insurance Scheme Act 2013. These NDIS Act Principles are more
contemporary in nature. Explicit reference is also to be given to
the rights of children with disabilities as requested by the
Commissioner for Children and Young People during the
stakeholder consultations for the review of the Principal Act.
Clause 5 Section 7 amended (Strategic plan)
Amends sSection 7 (10) of the Principal Act to omit reference to
purchase of the strategic plan as the plan is now available through
the Department of Health website.
Clause 6 Section 8 amended (Operational plans)
Amends Section 8 (7) of the Principal Act to omit reference to
purchase of the operational plan as the plan is now available
through the Department of Communities Tasmania website.
Clause 7 Section 28 amended (Rights of authorised officers after entry of
premises)
Amends Section 28 (3) of the Act such that a person with a
disability who is requested to answer questions by an Authorised
Officer has the right to have another person present when
interviewed under Section 28(2) of the DSA. The intent is to
strengthen this safeguard.
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Clause 8 Section 36 amended (Use of unauthorised restrictive intervention
prohibited)
Corrects Mental Health Act references to the current Mental
Health Act 2013 and adds references to the position of Chief Civil
Psychiatrist established under the 2013 Act.
Clause 9 Section 41A inserted (Provisional grant of approval to carry out
restrictive intervention)
Inserts a new provision to permit the Guardianship and
Administration Board to issue provisional approvals of restrictive
interventions for a period of up to 90 days subject to a favourable
assessment by the Senior Practitioner.
Clause 10 Section 50 amended (Sharing of Information)
Corrects Mental Health Act references to the current Mental
Health Act 2013 and adds references to the position of Chief Civil
Psychiatrist established under the 2013 Act as an information
sharing entity and also adds the NDIS Quality and Safeguards
Commission and the National Disability Insurance Agency to the
list of information sharing entities.
Clause 11 Repeal of Act
Provides for the automatic repeal of the Amendment Act at the
expiry of 12 months from the date of commencement.
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