Disability Services and Other Legislation Amendment Bill 2015

Overview

This bill extends Queensland's disability safeguards to providers funded through the National Disability Insurance Scheme (NDIS) as the scheme rolls out from 2016. It makes sure NDIS participants keep the same state-based protections - worker screening, complaints handling, community visitor checks and coroner oversight - that currently apply to people funded directly by the Queensland Government.

Who it affects

People with disability using the NDIS, their families, disability support workers, and non-government providers delivering NDIS-funded services. Providers will face new Queensland compliance checks on top of their NDIS registration.

Key changes

• NDIS non-government providers must follow Queensland's complaints system, criminal history screening and restrictive practices rules
• Workers and volunteers engaged by NDIS providers need a positive notice (yellow card style check) before starting or continuing work
• Authorised officers can enter NDIS provider premises with consent, a warrant, or because it is a place of business, and can require information where there are concerns about abuse, neglect or non-compliance (penalties up to 50 penalty units)
• The Coroner can investigate deaths in care of NDIS participants living in disability accommodation
• Community visitors can visit places where NDIS participants with impaired capacity live
• Substitute decision-makers under guardianship and enduring power of attorney can make decisions about services provided to the person (relevant for NDIS plans)
• The disability services department can request identifying information from other departments to reconcile NDIS funding
• The new monitoring powers (Part 6A) expire on 30 June 2019 and the Minister must review the Act's impact by then