Disability Services and Other Legislation (Worker Screening) Amendment Bill 2020
Plain English Summary
Overview
This bill creates a mandatory screening system for people who work with Queenslanders with disability. It implements the nationally agreed NDIS worker screening scheme and establishes a separate state system for disability services funded outside the NDIS. The bill also strengthens how the blue card system works alongside disability screening to protect children with disability.
Who it affects
Anyone who works with people with disability in Queensland must now be screened, including employees, contractors, volunteers, sole traders, and board members of service providers. People with disability and their families benefit from stronger safeguards and ongoing monitoring of workers.
Key changes
- All workers in risk-assessed NDIS roles must hold a nationally portable clearance before they can work with people with disability — penalties of up to 500 penalty units or 5 years imprisonment apply for non-compliance
- A separate state screening system covers disability workers in Queensland-funded services outside the NDIS, with clearances valid for 3 years
- Workers can lodge a single combined application for both a disability worker clearance and a blue card, reducing paperwork
- Clearances are automatically suspended if a worker is charged with a disqualifying offence, and employers cannot sack a worker solely because of a suspension
- Self-managed NDIS participants can receive notifications about the screening status of workers they engage
- A comprehensive information-sharing framework allows screening authorities to access criminal histories, domestic violence orders, disciplinary records, and mental health information when assessing risk
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced26 Nov 2020View Hansard
That that the amendments be agreed to
Vote on LNP amendments to sessional orders proposed by the member for Kawana, which would extend sitting hours to 9 pm on Tuesdays and Wednesdays and add daily private members' motion debates. The amendments were defeated.
The motion was defeated.
▸Show individual votesHide individual votes
Ayes (35)
Noes (51)
That the amendments be agreed to
Vote on Greens amendments to sessional orders proposed by the member for Maiwar, which would ban government backbencher questions during question time, require at least one hour of consideration in detail for every bill, guarantee crossbench speaking rights, and restrict amendments outside the long title of bills. Only crossbench members supported the amendments.
The motion was defeated.
▸Show individual votesHide individual votes
Ayes (5)
Noes (81)
Vote on a motion
Vote on the government's sessional orders for the 57th Parliament, based on the 56th Parliament's sessional orders with minor changes including allowing direct negative amendments to private members' motions. The opposition and crossbench opposed the orders, arguing they curtailed debate and democratic scrutiny.
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.
▸Show individual votesHide individual votes
Ayes (49)
Noes (37)
▸Committee26 Nov 2020View Hansard
Referred to Community Support and Services Committee
The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the bill over six weeks, receiving six submissions and holding public hearings with key stakeholders including the Queensland Human Rights Commission, Queensland Law Society, and Queenslanders with Disability Network. The committee unanimously recommended the bill be passed. Submissions were broadly supportive of the bill's objectives, though stakeholders raised concerns about privacy protections for screened workers, the complexity of requiring dual screening (disability worker screening and blue card) for those working with children with disability, and the potential impact on Aboriginal and Torres Strait Islander communities in remote areas.
Key findings (5)
- All six submissions were supportive of the bill's objectives to implement nationally consistent NDIS worker screening in Queensland
- The Queensland Human Rights Commission raised concerns about the breadth of personal information collected during screening and the potential for privacy breaches to cause serious harm to applicants
- Stakeholders supported allowing adults who self-manage their NDIS plans to maintain choice and control over whether to require worker screening for unregistered providers
- The dual requirement for both a disability worker screening check and a blue card for people working with children with disability was flagged as creating additional barriers, particularly for Aboriginal and Torres Strait Islander people in remote communities
- The committee found that limitations on human rights in the bill, including limits on equality before the law and privacy rights, were sufficiently justified by the need to protect people with disability from abuse, violence, neglect and exploitation
Recommendations (1)
- The committee recommends the Disability Services and Other Legislation (Worker Screening) Amendment Bill 2020 be passed.
Committee report tabled
▸Second Reading26 Nov 2020View Hansard
▸9 members spoke9 support
Supported the bill as a reasonable measure for nationally consistent NDIS worker screening, while raising concerns about privacy protections, ICT implementation risks, potential barriers for Aboriginal and Torres Strait Islander communities, and application costs for workers.
“I urge members to consider their roles as advocates for those who need our support in accessing the world-class medical and disability support they deserve. We owe it to those citizens to provide this safety net in screening workers so they feel safe and supported whilst accessing a service that demonstrably improves their quality of life.”— 2020-12-04View Hansard
Continued his speech raising concerns about barriers for Aboriginal and Torres Strait Islander communities, applicant costs, privacy issues, and the government's ICT project delivery record, while supporting the bill's objectives.
“The Liberal National Party certainly supports these sentiments, especially in view of the current economic environment and associated impacts of the COVID-19 health pandemic.”— 2020-12-03View Hansard
Announced the LNP will not oppose the legislation, while outlining concerns about the NDIS worker screening system's implementation details including costs, privacy and information sharing.
“The Liberal National Party will not be opposing this legislation.”— 2020-12-02View Hansard
Supported the bill as essential to protecting vulnerable people with disability from abuse, drawing on his experience managing organisations providing services to people with intellectual disabilities.
“This bill provides really invaluable tools for NDIS providers to be able to screen their staff properly.”— 2020-12-04View Hansard
Spoke in support of the bill as former chair of the committee that examined it, praising Queensland's leadership in implementing nationally consistent NDIS worker screening.
“I am pleased to support this bill to support Queensland's implementation of nationally consistent worker screening under the National Disability Insurance Scheme.”— 2020-12-03View Hansard
Supported the bill as a sensible step towards national consistency in worker screening, drawing on his experience as former assistant minister for child safety, though noted it could go further with information sharing with New Zealand.
“We have indicated that we will not be opposing this legislation. It is a sensible step forward. It provides national consistency.”— 2020-12-04View Hansard
As the new LNP shadow minister for disability services, confirmed the LNP will not oppose the legislation and emphasised the transformational nature of the NDIS.
“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
Supported the bill as necessary to strengthen disability screening processes and protect the rights and liberty of people with disability, emphasising the importance of getting the right people into caring roles.
“We want only the right people to take care of our most vulnerable and this can only be achieved with strong processes in place and worker screening is an important part of making sure that we get the right people to do the right job every single time.”— 2020-12-04View Hansard
As minister, replied to the second reading debate addressing concerns about barriers for Aboriginal and Torres Strait Islander communities, privacy protections, ICT systems, and application fees, affirming the bill strengthens safeguards for people with disability.
“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. This bill is an important part of that.”— 2020-12-04View Hansard
Assent date: 11 December 2020
Referenced Entities
Legislation
Organisations
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards