Disability Services and Other Legislation (Worker Screening) Amendment Bill 2018
Plain English Summary
Overview
This bill ensures all disability service workers in Queensland undergo proper criminal history screening before providing services. It closes a gap by making clear that self-employed workers (sole traders) must hold a yellow card, and it enables Queensland Police to share expanded criminal history information with other states as the NDIS rolls out nationally.
Who it affects
People with disability and NDIS participants benefit from stronger worker screening protections. Sole traders providing disability services must hold a yellow card before starting work, have their identity certified by a JP or similar, and report any changes in their criminal history directly to the department.
Key changes
- Sole traders must hold a yellow card (positive notice) before providing disability services, with penalties of up to 250 penalty units for non-compliance
- Queensland Police can share expanded criminal history information — including spent convictions and pending charges — with interstate NDIS worker screening units
- Sole traders can have their identity certified by a JP, commissioner for declarations, lawyer, or police officer when applying for screening
- Sole traders must disclose any changes in their police information directly to the department chief executive, with penalties of up to 100 penalty units
- Existing yellow cards held by sole traders before commencement remain valid, with a four-month grace period for those with pending applications
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee20 Mar 2018View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the bill over seven weeks, receiving four submissions and holding public hearings with the Department of Communities, Disability Services and Seniors and Age and Disability Advocacy Australia. Submitters were generally supportive of the bill's objectives and raised no concerns about specific clauses. The committee unanimously recommended the bill be passed, finding that its worker screening provisions were appropriate and that any impacts on individual rights and privacy were justified given the need to protect vulnerable people with disability.
Key findings (5)
- All four submitters were broadly supportive of the bill and its objectives, raising no concerns about specific clauses.
- The Aboriginal and Torres Strait Islander Disability Network of Queensland strongly supported rigorous worker screening and cautioned against any dilution of safeguards for vulnerable people with disability.
- The committee found the offences and associated penalties were proportionate and relevant to the bill's objectives of ensuring consistent screening of disability support workers.
- The committee accepted that breaches of privacy arising from sharing expanded criminal history information were justified to protect vulnerable persons from abuse, neglect and exploitation.
- Existing exemptions from yellow card screening for family members providing disability support to relatives remain unaffected by the bill.
Recommendations (1)
- The committee recommends the Disability Services and Other Legislation (Worker Screening) Amendment Bill 2018 be passed.
Committee report tabled
▸Second Reading5 Sept 2018View Hansard
Vote on a motion
This division was unrelated to the Disability Services bill. It occurred during proceedings on the same sitting day but was not part of the bill debate.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
▸Show individual votesHide individual votes
Ayes (40)
Noes (48)
▸10 members spoke10 support
Introduced the bill as the first stage of amendments to prepare Queensland for full NDIS implementation, enabling nationally consistent worker screening with expanded criminal history information sharing and clarifying screening requirements for sole traders.
“This bill represents the first stage of amendments necessary to prepare Queensland for full scheme operation of the National Disability Insurance Scheme.”— 2018-09-05View Hansard
Confirmed the LNP would not oppose the bill, noting it continues the NDIS rollout that the LNP began in 2013 and makes necessary legislative changes for nationally consistent worker screening.
“This legislation is vitally important in that it will allow Queensland to fully participate in the National Disability Insurance Scheme. This bill makes necessary legislative changes, and my colleagues on this side of the House will not oppose it here today.”— 2018-09-05View Hansard
As committee chair, commended the bill for establishing nationally consistent worker screening standards, noting genuine bipartisan support and the committee's recommendation that the bill be passed.
“We want the best people looking after those with a disability in Queensland.”— 2018-09-05View Hansard
Supported the bill as essential for safeguarding NDIS participants, endorsing the expanded criminal history information sharing including spent and expired convictions to ensure only suitable people provide disability services.
“We need to go back to the core of why this bill exists—that is, to ensure that those people who are providing services are the best possible people.”— 2018-09-05View Hansard
Supported the bill as one of the most significant social policy reforms, emphasising the importance of nationally consistent safeguards for people with disability.
“The National Disability Insurance Scheme, or NDIS, is one of the most significant social policy reforms undertaken in this country.”— 2018-09-05View Hansard
Supported the bill while raising concerns about ensuring adequate safeguards in Aboriginal and Torres Strait Islander communities and calling for greater attention to NDIS access issues including school transport.
“We need to make sure that those safeguards extend to everybody, including people in Aboriginal and Torres Strait Islander communities.”— 2018-09-05View Hansard
Supported the bill, emphasising the importance of timely processing of screening applications in remote areas and praising BUSHkids for their disability services in rural Queensland.
“It is very important that we have timely processing of these applications so that people in rural and remote Queensland can access the services they need.”— 2018-09-05View Hansard
Supported the bill, comparing the NDIS rollout to Medicare as the biggest reform since, and emphasising the importance of nationally consistent worker screening for protecting vulnerable people in her electorate.
“People with disability deserve nothing less than to have reassurance that they will feel safe in the care of others and be treated with dignity and respect.”— 2018-09-05View Hansard
Supported the bill, praising the NDIS rollout in Toowoomba as one of the first trial sites and highlighting local disability service providers including YellowBridge, Endeavour Foundation, and BigDog.
“The NDIS will give people choice and control over the supports they need. It is a new way of providing support for Australians with disability, their families and their carers.”— 2018-09-05View Hansard
Supported the bill as establishing the framework for a successful NDIS rollout, emphasising the importance of portability of worker-screening checks and daily criminal history monitoring.
“The NDIS transforms the way services are accessed for people with a disability in our communities. We need to make sure that we get it right.”— 2018-09-05View Hansard
Assent date: 11 September 2018