Document ID: chunk:federal_register_of_legislation:C2020A00147:clause:1_12
Version: federal_register_of_legislation:C2020A00147
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 16167–18051

12  After section 96‑2
Insert:

96‑2A  Identity cards for certain delegates
 (1) The Secretary must cause an identity card to be issued to each person to whom the Secretary's powers and functions under section 29C‑3 are delegated under subsection 96‑2(15).
Note: Section 29C‑3 provides for assessments of the care needs of care recipients for the purposes of making classifications under Part 2.4A.

Form of identity card
 (2) The identity card must:
 (a) be in the form approved in an instrument under subsection (3); and
 (b) include a photograph of the person that is no more than 5 years old.
 (3) The Secretary may, by notifiable instrument, approve a form for the purposes of subsection (2).

Offence
 (4) A person commits an offence of strict liability if:
 (a) the person has been issued with an identity card under this section; and
 (b) the person ceases to be a delegate of the Secretary under subsection 96‑2(15); and
 (c) the person does not return the identity card to the Secretary within 14 days after ceasing to be such a delegate.
Penalty: 1 penalty unit.
 (5) Subsection (4) does not apply if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matter in this subsection—see subsection 13.3(3) of the Criminal Code.

Requirement to carry and show identity card
 (6) When a person to whom the Secretary's powers and functions under section 29C‑3 are delegated under subsection 96‑2(15) is exercising those powers or performing those functions:
 (a) the delegate must, at all times, carry the delegate's identity card; and
 (b) if a person who apparently represents an approved provider requests the delegate to show the delegate's identity card—the delegate must:
 (i) do so when requested; or
 (ii) if it is not reasonably practicable to do so when requested—do so as soon as reasonably practicable after that.