Victorian Current Acts

DISABILITY ACT 2006 - SECT 128B

    (1)     The Commissioner, on the Commissioner's own initiative, may conduct an investigation into—

S. 128B(1)(a) substituted by No. 19/2019 s. 49(1).

        (a)     the provision of—

              (i)     disability services by a disability service provider or former disability service provider; or

              (ii)     regulated disability services by a regulated service provider or former regulated service provider; or

        (b)     the provision of—

S. 128B
(1)(b)(i) amended by No. 19/2019 s. 49(2).

              (i)     a disability service by a disability service provider or former disability service provider to a person with a disability; or

S. 128B
(1)(b)(ii) amended by No. 19/2019 s. 49(3).

              (ii)     a regulated disability service by a regulated service provider or former regulated service provider to a person with a disability.

    (2)     The Commissioner may conduct an investigation under subsection (1)(a) if the Commissioner identifies a persistent or recurring systemic issue about abuse or neglect in the provision of the services.

    (3)     The Commissioner may conduct an investigation under subsection (1)(b) if the Commissioner receives information that abuse or neglect may have occurred in the provision of the service to the person with the disability.

    (4)     The Commissioner must not conduct an investigation under this section unless the Commissioner considers that the investigation—

        (a)     will assist the improvement of the provision of the services; and

        (b)     can be conducted within the resources of the Commissioner.

    (5)     The Commissioner must not conduct an investigation under this section about a provision of services by an exempt service provider.

S. 128C inserted by No. 33/2017 s. 28.