Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.
(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.