Victorian Current Acts

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DISABILITY ACT 2006 - SECT 120

Circumstances in which notice is not to be given

S. 120(1) substituted by No. 22/2012 s. 50(1).

    (1)     The Disability Services Commissioner need not comply with section 115(2) , 116(3) or 118(2) if the Disability Services Commissioner considers that if a notice or document under that section is given to a service provider—

        (a)     the health, safety or welfare of a person to whom the service provider is providing services may be affected; or

        (b)     the proper investigation of the complaint would be prejudiced.

S. 120(2) amended by No. 22/2012 s. 50(2).

    (2)     If subsection (1) applies, the Disability Services Commissioner must give written notice to the service provider without delay after the Disability Services Commissioner is satisfied that—

        (a)     the risk is at an end; or

        (b)     there is no further likelihood of prejudice to the proper investigation of the complaint

but in any case not later than 6 months after the complaint was made or, if the investigation ends before that time, before the end of the investigation.



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