Definitions
85ZZGT Definitions
In this Subdivision:
funded aged care service has the same meaning as in the Aged Care Act 2024.
work includes the following:
work:
under a contract of employment, contract of apprenticeship or contract for services; or
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
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
as a volunteer, other than unpaid work engaged in for a private or domestic purpose; or
as a self‑employed person;
practical training as part of a course of education or vocational training;
acting in a prescribed capacity or engaging in a prescribed activity.
Freedom of Information Act 1982
2 Schedule 3
Omit:
Aged Care Act 1997, subsection 86‑2(1) and sections 86‑5, 86‑6 and 86‑7. |
Aged Care Quality and Safety Commission Act 2018, subsection 60(1) and section 62 |
National Disability Insurance Scheme Act 2013
3 Section 9
Insert:
aged care clearance decision has the same meaning as in the Aged Care Act 2024.
aged care exclusion decision has the same meaning as in the Aged Care Act 2024.
aged care worker screening check has the same meaning as in the Aged Care Act 2024.
aged care worker screening law has the same meaning as in the Aged Care Act 2024.
funded aged care service has the same meaning as in the Aged Care Act 2024.
registered aged care provider means a registered provider within the meaning of the Aged Care Act 2024.
4 Subparagraph 67A(1)(da)(i)
After “check”, insert “or aged care worker screening check”.
5 Subparagraph 67A(1)(da)(ii)
After “law”, insert “or aged care worker screening law”.
6 After paragraph 67A(1)(da)
Insert:
the disclosure or use of the information by the person is made for the purposes of complying with the worker screening requirements prescribed by rules made for the purposes of section 152 of the Aged Care Act 2024; or
7 Paragraph 181Y(3)(c)
Repeal the paragraph, substitute:
to share information in the database:
with persons or bodies (including employers and potential employers) for the purposes of the National Disability Insurance Scheme; or
with the Commissioner of the Aged Care Quality and Safety Commission for the purposes of assisting the Commissioner to perform the Commissioner’s functions or exercise the Commissioner’s powers; or
with registered aged care providers that are employers, or potential employers, of persons; or
with persons or bodies (whether the persons or bodies are registered aged care providers or not) for the purposes of the Aged Care Act 2024 or for the purposes of those persons or bodies facilitating the employment, engagement or training of other persons to work with individuals accessing funded aged care services;
8 After subsection 181Y(6)
Insert:
The NDIS worker screening database may also include the following information:
information relating to persons (each of whom is a screening applicant) who:
have made applications (each of which is a screening application) for an aged care worker screening check; and
are identified (in screening applications or otherwise) as seeking to work with people with disability;
and information relating to those applications;
information relating to each screening applicant in respect of whom a screening application is no longer being considered and the reasons for this;
information relating to each screening applicant in respect of whom a decision (a clearance decision) (however described) is in force, under an aged care worker screening law, to the effect that the person, in working, or seeking to work, with individuals accessing funded aged care services does not pose a risk to such individuals and information relating to the decision;
information relating to any decisions made under an aged care worker screening law, in relation to each screening applicant, while the screening applicant’s application is pending;
information relating to each screening applicant in respect of whom a decision (an exclusion decision) (however described) is in force, under an aged care worker screening law, to the effect that the person, in working, or seeking to work, with individuals accessing funded aged care services does pose a risk to such individuals and information relating to the decision;
if a clearance decision or an exclusion decision specifies the period for which the decision is in force—information setting out that period;
information relating to each person in respect of whom a decision (however described), under an aged care worker screening law, suspending a clearance decision has been made and information relating to the suspension;
information relating to each person in respect of whom a decision (however described), under an aged care worker screening law, revoking a clearance decision or an exclusion decision has been made and information relating to the revocation;
information relating to employers or potential employers of persons who have made screening applications.
9 Subsection 181Y(7)
After “(j)”, insert “and (6A)(a) to (i)”.
10 After section 181Y
Insert:
This Act’s bill:Explanatory memorandumSecond reading speech
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