Queensland Consolidated Acts

DISABILITY SERVICES ACT 2006

TABLE OF PROVISIONS

           Long Title

           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 10--Screening of particular persons engaged by department or 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
   76A.    This part does not apply to persons engaged to provide disability services to children
   76B.    This part does not apply to registered health practitioners
   77.     This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986

           Division 2--Interpretation

   77A.    Persons engaged by the department at a service outlet
   78.     Persons engaged by a funded non-government service provider at a service outlet
   79.     What is a serious offence
   81.     What is a disqualifying offence

           Division 3--Risk management strategies

   82.     Risk management strategies about persons engaged by funded non-government service providers

           Division 3A--Screening of persons engaged by the department at a service outlet

   82A.    Undertaking screening of persons engaged by department at a service outlet

           Division 4--Issue of prescribed notices for funded non-government service providers

   82B.    Division does not apply to holders of CCYPCG positive notice
   83.     Application for prescribed notice
   84.     Notice of change of engagement, or name and contact details in prescribed notice application
   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 4A--Issue of exemption notices for funded non-government service providers

   89A.    Application for exemption notice
   89B.    Notice of change of engagement, or name and contact details in exemption notice application
   89C.    Decision on application
   89D.    Obtaining advice from Commissioner for Children and Young People and Child Guardian
   89E.    Actions of chief executive after making decision on application
   89F.    Currency of exemption notice

           Division 5--Obligations and offences relating to prescribed notices and exemption notices
           Subdivision 1--Engagement of persons by funded non-government service provider

   90.     Starting engagement of certain regular engaged persons other than volunteers
   90A.    Starting engagement of new engaged persons other than volunteers
   90B.    Continuing engagement of persons other than volunteers
   90C.    Starting engagement of volunteers
   90D.    Currency of prescribed notice for volunteer continuing engagement
   91.     Prohibited engagement
           Subdivision 2--Obligations if holder of negative notice or negative exemption notice, or prescribed notice or exemption notice application is withdrawn
   92.     Person holding negative notice or negative exemption notice not to apply for, or start or continue in, regulated engagement etc.
   92A.    Person who has withdrawn consent to screening not to start or continue in regulated engagement
           Subdivision 3--Changes in police information
   93.     Acquiring police information
   94.     Effect of conviction for serious offence
   95.     Change in police information of person engaged by funded non-government service provider
   95A.    Change in police information of person engaged by department
   96.     Change in police information of other persons
           Subdivision 4--General
   97.     False or misleading disclosure
   98.     False or misleading documents
   99.     Return of cancelled positive notice to chief executive
   99A.    Return of cancelled positive exemption notice to chief executive

           Division 6--Cancellation of prescribed notices and exemption notices etc.

   100.    Cancellation of negative notice or negative exemption notice and issuing of positive notice or positive exemption notice
   101.    Chief executive may cancel a prescribed notice and substitute another prescribed notice
   101A.   Chief executive may cancel an exemption notice and substitute another exemption notice
   102.    Cancellation of positive notice if relevant disqualified person
   104.    Suspension of positive notice if charged with disqualifying offence or subject to temporary or interim order
   105.    Ending of suspension and issue of further prescribed notice
   105A.   Suspension of a positive exemption notice if CCYPCG positive notice suspended
   105B.   Ending of suspension and issue of further exemption notice or prescribed notice
   105C.   Notifying holder of expiry of positive exemption notice
   105D.   Request to cancel positive notice or positive exemption notice
   106.    Replacement of positive notice. positive notice card or positive exemption notice
   107.    Change of details for positive notice, positive notice card or positive exemption notice
   107A.   Replacement notice etc. if change in engagement details

           Division 6A--Persons who hold or held a CCYPCG positive notice

   107B.   Application of div 6 to person who holds CCYPCG positive notice and prescribed notice
   107C.   Person who holds negative exemption notice but no longer holds CCYPCG positive notice

           Division 6B--Disqualified persons

   107D.   Who is a disqualified person
   107E.   Offences for disqualified person
   107F.   Application for an eligibility declaration
   107G.   Notice of change of name and contact details in eligibility application
   107H.   Chief executive's decision on eligibility application
   107I.   Eligibility declaration taken to have been issued
   107J.   Withdrawing eligibility application generally
   107K.   Deemed withdrawal of eligibility application if identity can not be established
   107L.   Deemed withdrawal of eligibility application if particular requests not complied with
   107M.   Expiry of eligibility declaration
   107N.   Reversal of decision refusing an eligibility declaration

           Division 7--Miscellaneous
           Subdivision 1--Reviews and appeals against particular decisions

   108.    Definitions for sdiv 1
   108A.   Person may apply for review of part 10 reviewable decision
   108B.   Effect of applicant for a review becoming a disqualified person
           Subdivision 2--Provisions about investigative information
   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
           Subdivision 3--Obtaining police information or information related to police information about a person
   113A.   Persons to whom ss 114 and 114A applies
   114.    Chief executive may obtain information from police commissioner
   114A.   Obtaining information from director of public prosecutions
   114B.   Obtaining information from chief executive (corrective services)
           Subdivision 4--Obtaining report about person's mental health
   114C.   Application of sdiv 4
   114D.   Chief executive may request person to undergo examination by registered health practitioner etc.
   114E.   Nominating registered health practitioner to conduct examination
   114F.   Registered health practitioner obtaining information from Mental Health Court
   114G.   Registered health practitioner obtaining information from Mental Health Review Tribunal
   114H.   Use of information obtained from Mental Health Court or Mental Health Review Tribunal
   114I.   Chief executive may obtain report about person's mental health from registered health practitioner
   114J.   Chief executive to bear medical costs
           Subdivision 5--Obtaining other information about person's mental health
   114K.   Chief executive may obtain particular information from Mental Health Court
   114L.   Chief executive may obtain particular information from Mental Health Review Tribunal
           Subdivision 6--Obtaining information about changes in police information
   115.    Notice of change in police information about a person
           Subdivision 7--Other miscellaneous provisions
   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 10A--Use of restrictive practices

           Division 1--Preliminary

   123A.   Purpose of pt 10A
   123B.   Service providers to which pt 10A applies
   123C.   Principles for performing functions etc.
   123D.   Explanation of operation of pt 10A
   123E.   Definitions for pt 10A
   123F.   Meaning of chemical restraint
   123G.   Meaning of contain
   123H.   Meaning of mechanical restraint
   123I.   Requirement to keep and implement a policy

           Division 2--Important concepts for using restrictive practices

   123J.   Assessment of an adult
   123K.   Who is appropriately qualified to assess an adult
   123L.   What is a positive behaviour support plan

           Division 3--Containment and seclusion
           Subdivision 1--Requirements for containing or secluding an adult

   123M.   Containing or secluding an adult under containment or seclusion approval
   123N.   Containing or secluding an adult for respite services or community access services
   123O.   Containing or secluding an adult under short term approval
           Subdivision 2--Multidisciplinary assessment and development of positive behaviour support plan
   123P.   Application of sdiv 2
   123Q.   Chief executive to decide whether multidisciplinary assessment of adult will be conducted
   123R.   Notice of decision not to conduct assessment
   123S.   Development of positive behaviour support plan following assessment
   123T.   Participation of psychiatrist or senior practitioner in development of plan
           Subdivision 3--Changing a positive behaviour support plan
   123U.   Application of sdiv 3
   123V.   Who may change positive behaviour support plan
   123W.   When chief executive must decide whether positive behaviour support plan should be changed
   123X.   Requirements for chief executive's decision about whether change should be made
   123Y.   Action of chief executive after deciding whether change should be made
           Subdivision 4--General requirements for containment or seclusion
   123Z.   Relevant service provider to ensure adult's needs are met

           Division 4--Use of restrictive practices other than containment or seclusion
           Subdivision 1--Requirements for using chemical, mechanical or physical restraint, or restricting access

   123ZA.  Using chemical, mechanical or physical restraint, or restricting access, with consent of guardian etc.
   123ZB.  Using chemical, mechanical or physical restraint, or restricting access, for respite services or community access services
   123ZC.  Using chemical restraint (fixed dose) for respite services
   123ZD.  Using chemical, mechanical or physical restraint, or restricting access, under short term approval
           Subdivision 2--Assessment of adult and positive behaviour support plan
   123ZE.  Application of sdiv 2
   123ZF.  Requirements for development of positive behaviour support plan—assessment and consultation
   123ZG.  Changing a positive behaviour support plan
   123ZH.  Requirement for relevant service provider to consider whether plan should be changed
           Subdivision 3--Requirements if adult subject to forensic order or involuntary treatment order
   123ZI.  Requirement for relevant service provider to notify guardian
   123ZJ.  Requirement for relevant service provider to notify relevant director
           Subdivision 4--Short term approvals given by chief executive
   123ZK.  Short term approval for use of restrictive practices other than containment or seclusion
   123ZL.  Period for which short term approval has effect
   123ZM.  Conditions of short term approval
   123ZN.  Chief executive's decision about approving short term plan

           Division 5--Use of restrictive practices for respite services or community access services

   123ZO.  Purpose of div 5
   123ZP.  Requirement to develop respite/community access plan
   123ZQ.  Obtaining information about the adult
   123ZR.  Consultation
   123ZS.  Risk assessment

           Division 6--Policy about use of restrictive practices

   123ZT.  Application of div 6
   123ZU.  Policy must be consistent with department's policy
   123ZV.  Requirements for content of department's policy
   123ZW.  Requirements for publication of department's policy etc.

           Division 7--Review of particular chief executive decisions

   123ZX.  Application of div 7
   123ZY.  Definitions for div 7
   123ZZ.  Application for review by chief executive
   123ZZA. Review of relevant decision

           Division 8--Miscellaneous provisions
           Subdivision 1--Immunity for use of restrictive practices

   123ZZB. Immunity from liability—relevant service provider
   123ZZC. Immunity from liability—individual acting for relevant service provider
           Subdivision 2--Requirements for relevant service providers
   123ZZD. Requirement to give information to guardian or informal decision-maker
   123ZZE. Requirement to keep records and other documents
   123ZZF. Notification requirements about approvals given for use of restrictive practices
           Subdivision 3--Confidentiality provisions
   123ZZG. Definitions for sdiv 3
   123ZZH. Relevant service provider may request confidential information from health professional or chief executive (health)
   123ZZI. Relevant service providers must maintain confidentiality

           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

           Division 1--Reviewable decisions

   207.    Reviewable decisions
   208.    Chief executive must give notice after making reviewable decision

           Division 2--Review by chief executive

   209.    Application for review
   210.    Stay of operation of original decision
   211.    Review decision

           Division 3--Review by tribunal

   212.    Review of review decision

           Part 15--Miscellaneous

           Division 1--Records

   214.    Funded non-government service provider must keep records

           Division 1A--Locking of gates, doors and windows

   214A.   Application of div 1A
   214B.   Definitions for div 1A
   214C.   Immunity from liability—relevant service provider
   214D.   Immunity from liability—individual acting for relevant service provider
   214E.   Department's policy about locking of gates, doors and windows

           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
   233A.   Review of Guardianship and Administration Act 2000, ch 5B

           Part 16--Repeal and transitional provisions

           Division 1--Repeal

   234.    Repeal of Disability Services Act 1992

           Division 2--Transitional provisions for Act No. 12 of 2006

   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

           Division 3--Transitional provisions for Disability Services and Other Legislation Amendment Act 2008 and Justice and Other Legislation Amendment Act 2010
           Subdivision 1--Preliminary

   241.    Interpretation
   241A.   Declaration about transitional period
           Subdivision 2--Immunity from liability for use of restrictive practices before commencement
   242.    Immunity of previous service provider
   243.    Immunity of individual acting for previous service provider
           Subdivision 3--Immunity from liability for use of restrictive practices during transitional period
   244.    Immunity of relevant service provider
   245.    Requirement to assess adult if no authorised guardian
   246.    Immunity for individual acting for relevant service provider
   247.    Relationship of subdivision with pt 10A
   248.    Circumstances in which subdivision stops applying
           Subdivision 4--Other provisions
   249.    Requirements for department's policy about use of restrictive practices during transitional period
   250.    Short term approvals not to be given during transitional period

           Division 4--Transitional provision for Criminal Code and Other Acts Amendment Act 2008

   251.    References in schs 3 and 5 to Criminal Code offence

           Division 5--Transitional provisions for Criminal History Screening Legislation Amendment Act 2010
           Subdivision 1--Preliminary

   252.    Definition for div 5
           Subdivision 2--Transitional provisions relating to previous part 9
   253.    Definitions for sdiv 2
   254.    Notice about change in criminal history not given at the commencement
   255.    Request for prescribed police information not complied with at the commencement
   256.    Particular prescribed police information obtained but not used before commencement
   257.    Notice not given by prosecuting authority at the commencement
   258.    Use of particular information obtained before commencement
           Subdivision 3--Transitional provisions relating to particular amendments of part 10
   259.    Explanation of sdiv 3
   260.    Definitions for sdiv 3
   261.    New serious offences
   262.    Existing applications for prescribed notice
   263.    Continuation if chief executive acting on own initiative
   264.    Replacement of positive notice or positive notice card
   265.    Existing reviews and appeals
   266.    Police commissioner's decision that information is investigative information
   267.    References to exemption notices etc.
   268.    References to eligibility declarations etc.
           Subdivision 4--Transitional provisions relating to other amendments of part 10
   269.    Explanation of sdiv 4
   270.    Definitions for sdiv 4
   271.    Obtaining particular information from police commissioner about particular persons
   272.    Existing applications for prescribed notice about a disqualified person who is not a relevant disqualified person
   273.    Existing applications for prescribed notice about a relevant disqualified person
   274.    Other existing applications for prescribed notice
   275.    Existing positive notices held by disqualified persons who are not relevant disqualified persons
   276.    Existing positive notices held by relevant disqualified person because of temporary or interim order
   277.    Existing positive notices held by other relevant disqualified person
   278.    Currency of existing prescribed notices
   279.    Existing applications to cancel negative notice by relevant disqualified person
   280.    Other existing applications to cancel a negative notice
   281.    Continuation if chief executive acting on own initiative
   282.    Application of s 107D and sch 7, definition relevant disqualified person
   283.    Application of s 107E
   284.    Existing reviews and appeals by disqualified person
   285.    Other existing reviews and appeals
   286.    Disqualification orders for acts done or omissions made before commencement
   287.    Continuing engagement of volunteers
   288.    Provision about persons engaged to provide disability services only to children
   289.    Provision about holders of CCYPCG positive notice
           Subdivision 5--Other transitional provision
   290.    References to Youth Justice Act 1992
           SCHEDULE 2 -- REVIEWABLE DECISIONS
           SCHEDULE 3 -- CURRENT SERIOUS OFFENCES
           SCHEDULE 4 -- REPEALED OR EXPIRED SERIOUS OFFENCES
           SCHEDULE 5 -- CURRENT DISQUALIFYING OFFENCES
           SCHEDULE 6 -- REPEALED OR EXPIRED DISQUALIFYING OFFENCES
           SCHEDULE 6A -- OFFENCES THAT MAY FORM BASIS OF INVESTIGATIVE INFORMATION
           SCHEDULE 7 -- DICTIONARY
           Endnotes