Queensland Consolidated Acts

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DISABILITY SERVICES ACT 2006 - SECT 90

90 Starting engagement of certain regular engaged persons other than volunteers

(1) This section applies in relation to a person if—

(a) the person is not engaged by a funded non-government service provider at a service outlet of the service provider but has previously been engaged by the service provider at a service outlet of the service provider; and
(b) it is less than 1 year since the person was last engaged by the funded non-government service provider at a service outlet of the service provider; and
(c) after considering any agreement relating to a proposed engagement of the person and the person's engagement during the period when the person was last engaged by the funded non-government service provider at a service outlet of the service provider, the service provider reasonably expects that the person is likely to carry out work as part of the proposed engagement for the minimum frequency for regulated engagement; and
(d) under the proposed engagement, the person is to be engaged by the service provider other than as a volunteer.

(2) The service provider must not engage the person at a service outlet of the service provider unless—

(a) the person has a current positive notice or current positive exemption notice and the service provider has notified, in the approved form, the chief executive that the service provider is proposing to engage the person at a service outlet of the service provider; or
(b) the service provider has applied for a prescribed notice or exemption notice, or a further prescribed notice or exemption notice, about the person.

Maximum penalty—

(a) for an individual guilty under chapter 2 of the Criminal Code of an offence or for section 206—50 penalty units; or
(b) for a funded non-government service provider—250 penalty units.

(3) The approved form for subsection (2)(a) must include provision for—

(a) identifying information about the person; and
(b) certification by the service provider that the service provider has sighted the documents, relating to proof of the person's identity, prescribed under a regulation.


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