Victorian Current Acts

DISABILITY ACT 2006 - SECT 128C

    (1)     If the Commissioner decides to conduct a systemic initiated investigation, the Commissioner—

        (a)     must give written notice of the investigation, to any service provider whom the Commissioner decides to investigate within 14 days after making the decision to investigate the service provider; and

        (b)     may give written notice of the investigation, within 14 days after making the decision to conduct the investigation, to any person with a disability who is the subject of the investigation, or, if the person does not have legal capacity, the guardian of the person, or, if none, the next of kin of the person.

    (2)     Within 14 days after deciding to conduct an individual initiated investigation, the Commissioner must give written notice of the investigation to—

        (a)     the person with a disability who is the subject of the investigation or, if the person does not have legal capacity, the guardian of the person, or, if none, the next of kin of the person; and

        (b)     any person who is alleged to have abused or neglected the person with a disability; and

        (c)     the service provider who provided the service.

    (3)     If the Commissioner or an authorised officer is exercising a power under Subdivision 3 or 4 of Division 8 and notice under subsection (1) or (2) has not been given to the person in respect of whom the power is being exercised, the notice must be given at the same time as the Commissioner or authorised officer begins to exercise the power.

    (4)     The Commissioner is not required to comply with subsection (1) or (2) if the Commissioner considers that—

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

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

    (5)     If subsection (4) applies, the Commissioner must give written notice to any person specified in subsection (1) or (2) without delay after the 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 matter—

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

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