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Determinations/Other as amended, taking into account amendments up to National Disability Insurance Scheme (NDIS Worker Screening Law Amendment No. 1 Determination) 2020
Administered by: Social Services
Registered 21 Jan 2021
Start Date 15 Jan 2021
Table of contents.

Commonwealth Coat of Arms of Australia

National Disability Insurance Scheme (NDIS Worker Screening Law) Determination 2020

made under section 10B of the

National Disability Insurance Scheme Act 2013

Compilation No. 1

Compilation date:                              15 January 2021

Includes amendments up to:            F2021L00046

Registered:                                         21 January 2021

About this compilation

This compilation

This is a compilation of the National Disability Insurance Scheme (NDIS Worker Screening Law) Determination 2020 that shows the text of the law as amended and in force on 15 January 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ NDIS worker screening laws........................................................................................ 2

Endnotes                                                                                                                                                                 3

Endnote 1—About the endnotes                                                                                                        3

Endnote 2—Abbreviation key                                                                                                            4

Endnote 3—Legislation history                                                                                                         5

Endnote 4—Amendment history                                                                                                       6


1  Name

                   This instrument is the National Disability Insurance Scheme (NDIS Worker Screening Law) Determination 2020.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 4 and subsection 5(1)

The start of the day after this instrument is registered

19 February 2020

2. Subsection 5(2)

The later of immediately after the commencement of Part 4 of the Statutes Amendment (Screening) Act 2019 (SA) and the start of the day after this instrument is registered

1 February 2021

3.. Subsection 5(3)

The later of immediately after the commencement of the Working with Vulnerable People (Background Checking) Amendment Act 2019 (ACT) and the start of the day after this instrument is registered

1 February 2021

4.. Subsection 5(4)

The later of immediately after the commencement of the Registration to Work with Vulnerable People Amendment Act 2019 (Tas) and the start of the day after this instrument is registered

1 February 2021

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under section 10B of the National Disability Insurance Scheme Act 2013.

4  Definitions

                   In this instrument:

Act means the National Disability Insurance Scheme Act 2013.

5  NDIS worker screening laws

             (1)  For the purposes of section 10B of the Act, the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW), as in force from time to time, is an NDIS worker screening law.

             (2)  For the purposes of section 10B of the Act, the Disability Inclusion Act 2018 (SA), as in force from time to time, is an NDIS worker screening law.

             (3)  For the purposes of section 10B of the Act, the Working with Vulnerable People (Background Checking) Act 2011 (ACT), as in force from time to time, is an NDIS worker screening law.

             (4)  For the purposes of section 10B of the Act, the Registration to Work with Vulnerable People Act 2013 (Tas), as in force from time to time, is an NDIS worker screening law.

             (5)  For the purposes of section 10B of the Act, the National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT), as in force from time to time, is an NDIS worker screening law.

             (6)  For the purposes of section 10B of the Act, the Disability Services and Other Legislation (Worker Screening) Amendment Act 2020 (QLD), as in force from time to time, is an NDIS worker screening law.

             (7)  For the purposes of section 10B of the Act, the Worker Screening Act 2020 (VIC), as in force from time to time, is an NDIS worker screening law.

             (8)  For the purposes of section 10B of the Act, the National Disability Insurance Scheme (Worker Screening) Act 2020 (WA), as in force from time to time, is an NDIS worker screening law.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

National Disability Insurance Scheme (NDIS Worker Screening Law) Determination 2020

18 Feb 2020 (F2020L00137)

s 5(2)–(4): 1 Feb 2021 (s 2(1) items 2–4)
Remainder: 19 Feb 2020 (s 2(1) item 1)

 

National Disability Insurance Scheme (NDIS Worker Screening Law Amendment No. 1 Determination) 2020

14 Jan 2021 (F2021L00046)

15 Jan 2021 (s 2(1) items 1–5)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2........................................

rep LA s 48D

s 5........................................

am F2021L00046