Victorian Current Acts

DISABILITY ACT 2006 - SECT 128F

    (1)     Within 14 days after making a decision on a systemic initiated investigation the Commissioner—

        (a)     must give written notice of the decision to any service provider investigated by the investigation; and

        (b)     may give written notice of the decision to any person with a disability who was 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)     At least 14 days before giving a notice under subsection (1)(b), if the notice makes adverse comment on or gives an adverse opinion of an individual or a service provider, the Commissioner must—

        (a)     give a copy of the relevant part of the notice to the individual or service provider; and

        (b)     give the individual or service provider a reasonable opportunity to comment on the proposal to give the notice.

    (3)     Within 14 days after making a decision on an individual initiated investigation the Commissioner must give written notice of the decision to—

        (a)     any service provider investigated by the investigation; and

        (b)     the person with a disability who was the subject of the investigation or, if the person does not have legal capacity, the guardian of the person, or, if there is no guardian, the next of kin of the person; and

        (c)     any person who is alleged to have abused or neglected the person with a disability.

    (4)     A notice under this section—

        (a)     must be in writing; and

        (b)     must set out reasons for the decision.

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