Crimes Act 1914

[ CCH Note: Subdiv AA will be inserted by No 33 of 2018, s 3 and Sch 1 item 2, effective 22 November 2018 or on a single day to be fixed by Proclamation. Subdiv AA will read:

Subdivision AA - Exclusions relating to work with persons with disability (Divisions 2 and 3)

SECTION 85ZZGH Object of Subdivision  
85ZZGH
The object of this Subdivision is to protect persons with disability from harm by permitting criminal history information to be disclosed and taken into account in assessing whether a person who works, or seeks to work, with a person with disability poses a risk to such a person.

SECTION 85ZZGI Exclusion: disclosing information to a person or body  
85ZZGI
Divisions 2 and 3 do not apply in relation to the disclosure of information to a prescribed person or body if:

(a) the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to obtain and deal with information about persons who work, or seek to work, with a person with disability; and

(b) the disclosure is for the purpose of the person or body obtaining and dealing with such information in accordance with the prescribed law.

SECTION 85ZZGJ Exclusion: person or body taking information into account  
85ZZGJ
Divisions 2 and 3 do not apply in relation to the taking into account of information by a prescribed person or body if:

(a) the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to deal with information about persons who work, or seek to work, with a person with disability; and

(b) the taking into account is:

(i) for the purpose of dealing with such information in accordance with the prescribed law; or

(ii) required by or under a Commonwealth law, a State law or a Territory law.

SECTION 85ZZGK Exclusion: person or body disclosing information  
85ZZGK
Divisions 2 and 3 do not apply in relation to the disclosure of information by a prescribed person or body if:

(a) the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to deal with information about persons who work, or seek to work, with a person with disability; and

(b) the disclosure is required by or under a Commonwealth law, a State law or a Territory law.

SECTION 85ZZGL Prescribed persons and bodies  
85ZZGL
Before the Governor-General makes a regulation prescribing, for the purposes of section 85ZZGI , 85ZZGJ or 85ZZGK , a person or body:

(a) to which information may be disclosed; or

(b) by which information may be taken into account or disclosed;

the Minister must be satisfied that the person or body:

(c) is required or permitted by or under a Commonwealth law, a State law or a Territory law to obtain and deal with information about persons who work, or seek to work, with a person with disability; and

(d) complies with applicable Commonwealth law, State law or Territory law relating to privacy, human rights and records management; and

(e) complies with the principles of natural justice; and

(f) has risk assessment frameworks and appropriately skilled staff to assess risks to the safety of a person with disability.

SECTION 85ZZGM Definitions  
85ZZGM
In this Subdivision:

person with disability
means any of the following:

(a) a person who is a participant (within the meaning of the National Disability Insurance Scheme Act 2013 );

(b) a person who is receiving supports or services of a kind mentioned in paragraph (b) of the definition of NDIS provider in section 9 of that Act;

(c) a person who is receiving supports or services of a kind prescribed by the regulations for the purposes of this paragraph.

work
includes the following:

(a) work:

(i) under a contract of employment, contract of apprenticeship or contract for services; or

(ii) in a leadership role in a religious institution, as part of the duties of a religious vocation or in any other capacity for the purposes of a religious institution; or

(iii) as an officer of a body corporate, member of the committee of management of an unincorporated body or association or member of a partnership; or

(iv) as a volunteer, other than unpaid work engaged in for a private or domestic purpose; or

(v) as a self-employed person;

(b) practical training as part of a course of education or vocational training;

(c) acting in a prescribed capacity or engaging in a prescribed activity.

SECTION 85ZZGN Reviews of operation of this Subdivision  

(1)
The Minister must cause 2 reviews of the operation of this Subdivision to be conducted.

(2)
The first review must be completed not later than 31 December 2019.

(3)
The second review must be completed not later than 31 December 2022.

(4)
The Minister must cause a written report about each review to be prepared.

(5)
The Minister must cause a copy of each report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.