Disability Services and Other Legislation (Worker Screening) Amendment Bill 2020
Plain English Summary
Overview
This bill establishes a nationally consistent worker screening system for people working with Australians with disability under the NDIS, replacing Queensland's existing yellow card system. It ensures that screening clearances are portable across all states and territories, introduces ongoing national criminal history monitoring, and streamlines the process for workers who also need a blue card to work with children with disability.
Who it affects
Disability support workers must obtain new screening clearances before they can start or continue work. People with disability receiving NDIS or state-funded services benefit from stronger, nationally consistent safeguards against abuse, violence, neglect and exploitation.
Key changes
- Workers in risk-assessed NDIS roles must obtain a clearance before starting work ('no card, no start'), replacing the former yellow card system with nationally portable NDIS clearances valid for five years
- People convicted of disqualifying offences are automatically and permanently excluded from working with people with disability, with nationally consistent categories of serious and disqualifying offences
- A broader range of information is now considered in screening decisions, including criminal history, disciplinary records, domestic violence orders and child protection information, with ongoing national criminal history monitoring
- A joint application process allows workers who need both a disability clearance and a blue card to submit a single application, with aligned expiry dates
- Previous exemptions for blue card holders and registered health practitioners are removed — these workers must now also obtain a disability screening clearance, subject to transitional arrangements
- Penalties of up to 500 penalty units or 5 years imprisonment apply for workers who work without a clearance in aggravating circumstances, and up to 200 penalty units or 2 years imprisonment for service providers who engage unscreened workers
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced26 Nov 2020View Hansard
Vote on a motion
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (49)
Noes (37)
▸Committee26 Nov 2020 – 2 Dec 2020View Hansard
Referred to Community Support and Services Committee
▸Second Reading26 Nov 2020 – 4 Dec 2020View Hansard
▸9 members spoke9 support
Completed his speech from the previous sitting day, confirming the LNP will not oppose the legislation while raising concerns about barriers for Aboriginal and Torres Strait Islander communities, costs of screening applications, privacy and confidentiality of applicant information, and the government's ICT project delivery track record.
“It is absolutely crucial that the minister and his department ensure such clear and timely communication takes place.”— 2020-12-04View Hansard
Continued his speech from a previous sitting, raising concerns about potential barriers for Aboriginal and Torres Strait Islander workers in remote communities, costs of screening applications, privacy concerns, and risks of the government's ICT project delivery, but confirmed the LNP will not oppose the legislation.
“It is incumbent on the recently appointed Labor Minister for Seniors and Disability Services and Minister for Aboriginal and Torres Strait Islander Partnerships and his department to ensure that such processes are well established and in place prior to commencement.”— 2020-12-03View Hansard
Stated the LNP will not be opposing the legislation, praised the NDIS as a transformational reform with unequivocal bipartisan support, and outlined the bill's objectives before adjourning the debate.
“The Liberal National Party will not be opposing this legislation.”— 2020-12-02View Hansard
Supported the bill as a former manager of organisations providing services to people with intellectual disabilities, emphasising the need for worker screening tools to protect vulnerable people from abuse and noting the harrowing testimony before the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
“We need to not do things to people; we need to do things with people and do them together.”— 2020-12-04View Hansard
Spoke in support of the bill as former chair of the committee that examined it, noting the bill strengthens safeguards for people with disability through expanded screening scope, a no card no start policy, and nationally consistent worker screening under the NDIS.
“Put simply, we want the best people looking after those with a disability in Queensland.”— 2020-12-03View Hansard
Supported the bill as a former assistant minister for child safety, emphasising the need for a national approach to information sharing between states to prevent people from gaming the screening system, while noting the legislation could go further to include information sharing with New Zealand.
“Fundamentally, the reforms that are proposed in the legislation are all about protecting people with disability so that those people with disability can live free from abuse, violence, neglect and exploitation.”— 2020-12-04View Hansard
As the new LNP shadow minister for communities and disability services, confirmed the LNP will not oppose the legislation and praised the NDIS as a significant opportunity for economic and social reform. The debate was adjourned before he completed his speech.
“I confirm that the LNP will not oppose this legislation, but there are some important matters that, as the shadow minister for this area and also shadow minister for multiculturalism and Aboriginal and Torres Strait Islander partnerships, I wish to bring to the attention of the House.”— 2020-12-03View Hansard
Spoke in support of the bill, emphasising the importance of having the right people in caring roles and the need for strong screening processes to protect people with disability from abuse, neglect and exploitation. Her speech was cut short by the business program time limit.
“We want only the right people to take care of our most vulnerable and this can only be achieved with strong processes in place.”— 2020-12-04View Hansard
In reply as minister, addressed concerns raised about barriers for Aboriginal and Torres Strait Islander communities by outlining a dedicated strategy and action plan, explained the joint application process to reduce duplication between disability screening and blue card checks, and defended the ICT system as tracking on time and on budget.
“One of my highest priorities as the new Minister for Seniors and Disability Services is to ensure the safety and wellbeing of people with disability.”— 2020-12-04View Hansard
▸In Detail4 Dec 2020View Hansard
That that the amendments be agreed to
The motion was defeated.
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Ayes (35)
Noes (51)
That the amendments be agreed to
The motion was defeated.
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Ayes (5)
Noes (81)
Assent date: 11 December 2020