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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018-2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Disability Insurance Scheme
Amendment (Worker Screening
Database) Bill 2019
No. , 2019
(Families and Social Services)
A Bill for an Act to amend the National Disability
Insurance Scheme Act 2013, and for related
purposes
No. , 2019
National Disability Insurance Scheme Amendment (Worker Screening
Database) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
National Disability Insurance Scheme Act 2013
3
No. , 2019
National Disability Insurance Scheme Amendment (Worker Screening
Database) Bill 2019
1
A Bill for an Act to amend the National Disability
1
Insurance Scheme Act 2013, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the National Disability Insurance Scheme Amendment
6
(Worker Screening Database) Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
National Disability Insurance Scheme Amendment (Worker Screening
Database) Bill 2019
No. , 2019
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 July 2019.
1 July 2019
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
No. , 2019
National Disability Insurance Scheme Amendment (Worker Screening
Database) Bill 2019
3
Schedule 1--Amendments
1
2
National Disability Insurance Scheme Act 2013
3
1 Section 8
4
Omit:
5
(d)
providing leadership in relation to behaviour supports.
6
substitute:
7
(d)
providing leadership in relation to behaviour supports;
8
and
9
(e)
establishing, operating and maintaining the NDIS
10
worker screening database (Chapter 6B).
11
2 Section 9
12
Insert:
13
disclose, in relation to information in the NDIS worker screening
14
database, includes provide electronic access to the information.
15
NDIS worker screening check means an assessment, under an
16
NDIS worker screening law, of whether a person who works, or
17
seeks to work, with people with disability poses a risk to such
18
people.
19
NDIS worker screening database means the database established
20
under section 181Y.
21
NDIS worker screening law means a law of a State or Territory
22
determined in an instrument under subsection 10B(1).
23
3 After section 10A
24
Insert:
25
10B Definition of NDIS worker screening law
26
(1) The Minister may, by legislative instrument, determine a law of a
27
State or Territory for the purposes of the definition of NDIS
28
Schedule 1 Amendments
4
National Disability Insurance Scheme Amendment (Worker Screening
Database) Bill 2019
No. , 2019
worker screening law in section 9, with the agreement of that State
1
or Territory.
2
Note:
Section 42 (disallowance) of the Legislation Act 2003 does not apply
3
to the instrument (see subsection 44(1) of that Act).
4
(2) Before determining a law of a State or Territory, the Minister must
5
be satisfied that the law establishes a scheme for the screening of
6
workers for purposes including the National Disability Insurance
7
Scheme.
8
4 After Chapter 6A
9
Insert:
10
Chapter 6B--NDIS worker screening
11
database
12
13
14
181X Simplified outline of this Chapter
15
•
The Commissioner must establish, operate and maintain the
16
NDIS worker screening database.
17
•
The database will keep a record of decisions made in relation
18
to persons who have made an application for an assessment of
19
whether they, in working, or seeking to work, with people
20
with disability pose a risk to such people.
21
•
One of the purposes of the database is to share information in
22
the database with persons or bodies (including employers and
23
potential employers) for the purposes of the National
24
Disability Insurance Scheme.
25
181Y NDIS worker screening database
26
(1) The Commissioner must establish, operate and maintain a database
27
for the purposes of this Act, to be known as the NDIS worker
28
screening database.
29
Amendments Schedule 1
No. , 2019
National Disability Insurance Scheme Amendment (Worker Screening
Database) Bill 2019
5
Note:
As subsection (1) confers a function on the Commissioner,
1
section 55A allows the Commissioner to gather information for
2
inclusion in the database.
3
(2) The NDIS worker screening database must be kept in electronic
4
form.
5
Purposes of the database
6
(3) The purposes of the NDIS worker screening database are the
7
following:
8
(a) to maintain, for the purposes of the National Disability
9
Insurance Scheme, an up-to-date record of persons who,
10
under decisions made under NDIS worker screening laws,
11
have been found, in working, or seeking to work, with people
12
with disability not to pose a risk, or to pose a risk, to such
13
people;
14
(b) in relation to persons covered by paragraph (a)--to maintain
15
an up-to-date record of other decisions that relate to the
16
decisions covered by that paragraph;
17
(c) to share information in the database with persons or bodies
18
(including employers and potential employers) for the
19
purposes of the National Disability Insurance Scheme;
20
(d) any other purpose determined in an instrument under
21
subsection (8).
22
(4) Paragraphs (3)(a) to (c) do not limit paragraph (3)(d).
23
Information in the database
24
(5) The NDIS worker screening database may include the following
25
information for the purposes of subsection (3):
26
(a) information relating to persons (each of whom is a screening
27
applicant) who have made applications (each of which is a
28
screening application) for an NDIS worker screening check
29
and information relating to those applications;
30
(b) information relating to each screening applicant in respect of
31
whom a screening application is no longer being considered
32
and the reasons for this;
33
(c) information relating to each screening applicant in respect of
34
whom a decision (a clearance decision) (however described)
35
Schedule 1 Amendments
6
National Disability Insurance Scheme Amendment (Worker Screening
Database) Bill 2019
No. , 2019
is in force, under an NDIS worker screening law, to the effect
1
that the person, in working, or seeking to work, with people
2
with disability does not pose a risk to such people and
3
information relating to the decision;
4
(d) information relating to any decisions made under an NDIS
5
worker screening law, in relation to each screening applicant,
6
while the screening applicant's application is pending;
7
(e) information relating to each screening applicant in respect of
8
whom a decision (an exclusion decision) (however
9
described) is in force, under an NDIS worker screening law,
10
to the effect that the person, in working, or seeking to work,
11
with people with disability does pose a risk to such people
12
and information relating to the decision;
13
(f) if a clearance decision or an exclusion decision specifies the
14
period for which the decision is in force--information setting
15
out that period;
16
(g) information relating to each person in respect of whom a
17
decision (however described), under an NDIS worker
18
screening law, suspending a clearance decision has been
19
made and information relating to the suspension;
20
(h) information relating to each person in respect of whom a
21
decision (however described), under an NDIS worker
22
screening law, revoking a clearance decision or an exclusion
23
decision has been made and information relating to the
24
revocation;
25
(i) information relating to employers or potential employers of
26
persons who have made screening applications;
27
(j) any other information determined in an instrument under
28
subsection (8).
29
(6) Paragraphs (5)(a) to (i) do not limit paragraph (5)(j).
30
Database may include personal information
31
(7) The information included under paragraphs (5)(a) to (j) may
32
include personal information (within the meaning of the Privacy
33
Act 1988).
34
Amendments Schedule 1
No. , 2019
National Disability Insurance Scheme Amendment (Worker Screening
Database) Bill 2019
7
Legislative instrument
1
(8) The Minister may, by legislative instrument, do either or both of
2
the following:
3
(a) determine a purpose for the purposes of paragraph (3)(d);
4
(b) determine information for the purposes of paragraph (5)(j).
5
Database not a legislative instrument
6
(9) The NDIS worker screening database is not a legislative
7
instrument.
8
5 After subsection 201A(1)
9
Insert:
10
(1A) The Minister may, in writing, delegate to the Commissioner the
11
Minister's power under subsection 181Y(8).
12