Disability Services and Other Legislation (Fees) Amendment Regulation 2022

1Short title

This regulation may be cited as the Disability Services and Other Legislation (Fees) Amendment Regulation 2022.

2Commencement

This regulation commences on 1 July 2022.

3Regulation amended

This part amends the Disability Services Regulation 2017.

4Insertion of new s 17A

After section 17—
insert—

17ARounding of amounts expressed as numbers of fee units

(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

(a)if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

(b)if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).

Example—

If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.

5Amendment of s 18 (Refund or waiver of fees)

Section 18(2), ‘the prescribed application fee mentioned in schedule 1, item 2’—
omit, insert—

a prescribed application fee mentioned in schedule 1, item 2 or 4

6Replacement of sch 1 (Fees)

Schedule 1—
omit, insert—

Schedule 1 Fees

section 17

Part 1 Particular fees related to NDIS clearances

		$
1	Application for an NDIS clearance (Act, s 68(1)(c))—
	(a)  for a volunteer	nil
	(b)  for an applicant who proposes to carry out disability work as an NDIS sole trader, or as an NDIS sole trader and a State sole trader, only on an unpaid basis	nil
	(c)  otherwise	129.00
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	129.00
	(b)  for an NDIS sole trader who carries out disability work for financial reward	129.00

Part 2 Other fees

		Fee units
3	Application for a State clearance (Act, s 68(1)(c))—
	(a)  for a volunteer	nil
	(b)  for an applicant who proposes to carry out State disability work as a State sole trader only on an unpaid basis	nil
	(c)  otherwise	97.60
4	Prescribed application fee (Act, s 103)—
	(a)  for a person who holds a State clearance who is engaged to carry out disability work other than as a volunteer	97.60
	(b)  for a State sole trader who carries out disability work for financial reward	97.60
5	Application for a replacement clearance card (Act, s 105(2)(b))	14.75
6	Application to cancel an exclusion (Act, s 131(1)(c))—
	(a)  for an NDIS exclusion	119.00
	(b)  for a State exclusion	97.60

7Regulation amended

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

8Insertion of new s 7A

After section 7—
insert—

7ARounding of amounts expressed as numbers of fee units

(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

(a)if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

(b)if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).

Example—

If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.

9Replacement of sch 2 (Fees)

Schedule 2—
omit, insert—

Schedule 2 Fees

section 7

		$
1	Working with children check (general) application (Act, s 188(2))—
	(a)  if the application is made as a combined application under section 187A(2) of the Act	15.00
	(b)  if the application is made by the holder of a disability clearance	15.00
	(c)  if the application is made by a person who has made a disability worker screening application that has not been decided	15.00
2	Fee for the chief executive giving information under the Education (Queensland College of Teachers) Act 2005, s 15D (Act, s 401(3))	11.55

		Fee units
3	Eligibility application (Act, s 178(3)(c))	95.55
4	Working with children check (general) application, other than an application already mentioned in this schedule (Act, s 188(2))	95.55
5	Application to cancel negative notice (Act, s 304H(1)(d))	95.55
6	Replacement working with children card (Act, ss 347(2)(b) and 348(3))	14.45