Disability Services and Other Legislation (Fees) Amendment Regulation 2020

1Short title

This regulation may be cited as the Disability Services and Other Legislation (Fees) Amendment Regulation 2020.

2Commencement

This regulation commences on 1 February 2021.

3Regulation amended

This part amends the Disability Services Regulation 2017.

4Omission of ss 10 and 11

Sections 10 and 11—
omit.

5Replacement of ss 12 and 13

Sections 12 and 13—
omit, insert—

12Fees

The fees payable under the Act are stated in schedule 1.

13Refund or waiver of fees

(1)This section applies if a person who holds a clearance—

(a)gives the chief executive a notice under section 103 of the Act in relation to the clearance; and

(b)is required to pay the prescribed application fee under section 103(3) of the Act.

(2)The chief executive must waive the proportion of the amount of the prescribed application fee mentioned in schedule 1, item 2 that is the same as the proportion of the term of the person’s clearance, rounded down to the nearest whole year, that elapsed before the notice was given.

6Insertion of new sch 1

Before schedule 2—
insert—

Schedule 1 Fees

section 12

		$
1	Application for a clearance (Act, s 68(1)(c))—
	(a)  for an NDIS clearance—
	(i)  for a volunteer	nil
	(ii)  for an applicant who proposes to carry out disability work as an NDIS sole trader or State sole trader only on an unpaid basis	nil
	(iii)  otherwise	117.00
	(b)  for a State clearance
	(i)  for a volunteer	nil
	(ii)  for an applicant who proposes to carry out State disability work as a State sole trader only on an unpaid basis	nil
	(iii)  otherwise	95.95
2	Prescribed application fee (Act, s 103)—
	(a)  for a person who holds an NDIS clearance who is engaged to carry out disability work other than as a volunteer	117.00
	(b)  for a person who holds a State clearance who is engaged to carry out disability work other than as a volunteer	95.95
	(c)  for an NDIS sole trader who carries out disability work for financial reward	117.00
	(d)  for a State sole trader who carries out disability work for financial reward	95.95
3	Application for replacement clearance card (Act, s 105(2)(b))	14.50
4	Application to cancel exclusion (Act, s 131(1)(c))—
	(a)  for an NDIS exclusion	117.00
	(b)  for a State exclusion	95.95

7Regulation amended

This part amends the Working with Children (Risk Management and Screening) Regulation 2020.

8Amendment of sch 2 (Fees)

Schedule 2, item 2—
omit, insert—

2	Working with children check (general) application (Act, s 188(2))—
	(a)  if the application is made as a combined application under s 187A(2) of the Act	10.00
	(b)  if the application is made by the holder of a disability clearance	10.00
	(c)  if the application is made by a person who has made a disability worker screening application which has not been decided	10.00
	(d)  otherwise	93.95