Victorian Current Acts

DISABILITY ACT 2006 - SECT 128I

    (1)     The Commissioner may conduct an investigation into a matter referred to the Commissioner under subsection (2).

S. 128I(2) substituted by No. 19/2019 s. 51.

    (2)     The Minister or the Secretary, in writing, may refer to the Commissioner for investigation any matter relating to—

        (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)     complaints about—

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

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

        (c)     abuse or neglect in the provision of—

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

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

    (3)     The Minister or Secretary may refer a matter under subsection (2) for the purpose of—

        (a)     improving the services to be investigated; or

        (b)     understanding issues in the services being investigated in order to develop improvements in response to those issues.

    (4)     In a referral of a matter under subsection (2), the Minister or Secretary may ask the Commissioner, when conducting the investigation, to consider any action that the service provider should take to improve the services provided by the service provider.

    (5)     To avoid doubt, the Minister or Secretary may refer a matter under subsection (2) that relates to—

        (a)     a provision of services to one person only; or

        (b)     a provision of services to a person who dies before the referral takes place; or

        (c)     general issues about the provision of disability services or regulated disability services or about a specific group of persons with a disability.

    (6)     The Commissioner must not conduct an investigation under subsection (1) into a provision of services by an exempt service provider.

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