DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018)

Victorian Numbered Acts

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DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Definition of disability
5. Definition of family member
6. Objective
7. Guiding principles

PART 2--GOVERNANCE

Division 1--Disability Worker Registration Board of Victoria

8. Establishment of the Board
9. Functions and powers
10. Membership of the Board
11. Term of office
12. When does a Board member's office become vacant?
13. Chairperson
14. Payment of members
15. Acting appointments
16. Meetings
17. Conflicts of interest
18. Validity of acts or decisions
19. Establishment of committees
20. Delegation

Division 2--Victorian Disability Worker Commission

21. Establishment and constitution of the Victorian Disability Worker Commission
22. Functions and powers of the Commission
23. Regulatory management agreement
24. Staff
25. Delegation
26. Appointment of Victorian Disability Worker Commissioner
27. Duties, functions and powers of the Commissioner
28. Terms and conditions of appointment
29. Acting appointment
30. Vacancy and resignation
31. Removal from office
32. Validity of decisions

PART 3--COMPLAINTS--PRELIMINARY MATTERS

Division 1--Making a complaint

33. Complaints about disability workers and disability students
34. How a complaint is made
35. Reasonable assistance to be given to complainant
36. Protection for persons making a complaint
37. Withdrawal of complaint

Division 2--Initial consideration of complaints received

38. Board to refer all complaints received to Commission for initial consideration
39. Initial consideration of complaint
40. Commission may divide or concurrently deal with complaints

PART 4--THE BOARD AND COMPLAINTS ABOUT REGISTERED DISABILITY WORKERS AND DISABILITY STUDENTS

41. Board to assess complaint
42. Notice of receipt of complaint to registered disability worker or disability student
43. Board may deal with complaints about same person together
44. Board may settle complaint by agreement
45. When Board may decide to take no further action
46. Complaints about registered NDIS providers

PART 5--THE COMMISSION AND COMPLAINTS ABOUT UNREGISTERED DISABILITY WORKERS

47. Commission must assess complaint
48. Notice of receipt of complaint to unregistered disability worker
49. When Commission may decide to take no further action
50. Commission may settle complaint by agreement
51. Decision to reopen complaint
52. Complaints about registered NDIS providers

PART 6--CONCILIATION

53. Proposed conciliation of the whole or a part of a complaint
54. Conciliation
55. Confidentiality of information given or agreement reached in conciliation process
56. Completion of conciliation
57. Duty of confidentiality—conciliation

PART 7--NOTIFICATIONS

Division 1--Definition

58. Definition

Division 2--Obligation to make notification

59. Notification by disability worker about another disability worker or a disability student
60. Notifications by employers
61. Notifications by education providers
62. Protection for persons making a notification

Division 3--How to make a notification

63. How a notification is made
64. Reasonable assistance to be given to notifier

Division 4--Initial consideration of notifications

65. Board to refer all notifications received to Commission for initial consideration
66. Initial consideration of notification

Division 5--Assessment of notification and other matters

67. Assessment of notification
68. Notice of assessment of notification
69. When no further action may be taken
70. Notifications about registered NDIS providers
71. Notifications about same person may be dealt with together

PART 8--REGULATION OF REGISTERED DISABILITY WORKERS AND DISABILITY STUDENTS

Division 1--Application

72. Part also applicable to person formerly registered under this Act

Division 2--Immediate action taken by Board in relation to registered disability workers and disability students

73. Definition of immediate action
74. Power to take immediate action
75. Show cause process
76. Notice to be given to registered disability worker or disability student
77. Period of immediate action

Division 3--Investigations in relation to registered disability workers and students

78. When may investigation be conducted?
79. Registered disability worker or disability student to be given notice of investigation
80. Appointment of investigators
81. Identity card for investigators
82. Display of identity card by investigators
83. Investigator functions, powers and duties
84. Investigator may require information or attendance or apply to Magistrates' Court for order
85. Investigator may ask for health or performance assessment
86. Investigator to report regularly to Board during course of investigation
87. Protection of persons giving evidence to investigator
88. Investigator's final report about investigation
89. Decision by Board

Division 4--Health assessments and performance assessments of registered disability workers and health assessments of disability students

90. Definitions
91. Requirement for health assessment
92. Requirement for performance assessment
93. Appointment of assessor to carry out assessment
94. Notice to be given to registered disability worker or disability student about assessment
95. Assessor may require information or attendance
96. Inspection of documents
97. Report from assessor
98. Copy of report to be given to registered disability worker or disability student
99. Decision by Board

Division 5--Action by Board in relation to registered disability workers and disability students

100. Board may take action
101. Show cause process
102. Notice to be given to registered disability worker or disability student and to notifier

Division 6--Panels in relation to registered disability workers and disability students

103. Establishment of health panel
104. Establishment of professional standards panel
105. List of approved persons for appointment to panels
106. Notice to be given to registered disability worker or disability student
107. Procedure of panel
108. Legal representation
109. Submission by notifier or complainant
110. Panel may proceed in absence of registered disability worker or disability student
111. Hearing not open to the public
112. Referral to VCAT
113. Decision of panel
114. Decision of panel after reconsideration of suspension
115. Change of reconsideration date for suspension of registration
116. Notice to be given about panel's decision

PART 9--REGULATION OF UNREGISTERED DISABILITY WORKERS

Division 1--Approved codes of conduct for unregistered disability workers

117. Minister to consult in relation to approved code of conduct
118. Unregistered disability workers to comply with approved code of conduct

Division 2--Investigation by Commission in relation to unregistered disability workers

119. Investigation of complaints by Commission
120. Investigation of matter referred by Minister
121. Power of Commission to conduct a Commission initiated investigation
122. Notice of investigation under this Division
123. Commission's report on an investigation under this Division
124. Persons to whom report on an investigation under this Division is given
125. Response by unregistered disability worker
126. Principles applying to all investigations
127. Requirements
128. Expert assistance
129. Action to be taken after investigation ends

Division 3--Interim prohibition orders and prohibition orders

130. Commissioner may make interim prohibition order
131. Grounds on which interim prohibition order may be made
132. Commissioner may make prohibition order
133. Grounds on which prohibition order may be made
134. Show cause process
135. Publication of information as to interim prohibition orders and prohibition orders
136. Variation of prohibition order
137. Revocation of interim prohibition orders and prohibition orders

PART 10--REGISTRATION STANDARDS AND GUIDELINES AND ACCREDITATION

Division 1--Registration standards and guidelines

138. Board may develop registration standards
139. Board may develop guidelines
140. Consultation
141. Approval of registration standards and guidelines
142. Minister may give policy directions or request review
143. Publication and commencement of registration standards and guidelines
144. Use of registration standards and guidelines in disciplinary proceedings

Division 2--Accreditation

145. Board may develop accreditation standards
146. Consultation about accreditation standards
147. Approval of accreditation standards
148. Publication and commencement of accreditation standards
149. Approval of programs of study
150. Revocation of approval of program of study

PART 11--REGISTRATION AND ENDORSEMENT

Division 1--Application for registration

151. Application for registration
152. Board must check applicant's criminal history
153. Board's other powers before determining application for registration

Division 2--General registration as a disability worker

154. Eligibility for general registration
155. Qualifications for general registration
156. Unsuitability to hold general registration
157. Period of general registration

Division 3--Limited registration as disability worker

158. Eligibility for limited registration
159. Unsuitability to hold limited registration
160. Limited registration for training or supervised practice as a disability worker
161. Limited registration for area of need
162. Limited registration in public interest
163. Limited registration for teaching or research
164. Limited registration not to be held for more than one purpose
165. Period of limited registration

Division 4--Non-practising registration as a disability worker

166. Eligibility for non-practising registration
167. Unsuitability to hold non-practising registration
168. Person holding non-practising registration must not practise as a disability worker
169. Period of non-practising registration

Division 5--Decision about application for registration

170. Applicant may make submissions about proposed refusal of application or imposition of condition
171. Decision about application for registration
172. Conditions of registration
173. Notice of decision to be given to applicant
174. Failure to decide application

Division 6--Endorsement of registration

175. Approval of areas of practice for purposes of endorsement
176. Notification and publication of directions and approvals
177. Endorsement for approved area of practice
178. Application for endorsement
179. Board's other powers before deciding about application for endorsement
180. Applicant may make submissions about proposed refusal of application for endorsement or imposition of condition on endorsement
181. Decision about application for endorsement
182. Conditions of endorsement
183. Notice of decision to be given to applicant
184. Period of endorsement
185. Failure to decide application for endorsement

Division 7--Renewal of registration

186. Application for renewal of registration
187. Registration taken to continue in force
188. Annual statement
189. Board's powers before decision about application for renewal of registration
190. Applicant may make submissions about proposed refusal of application for renewal of registration or imposition of condition
191. Decision about application for renewal of registration
192. Period of renewed registration

Division 8--Disability student registration

193. Who may be registered as a disability student?
194. Board may ask education provider for list of persons undertaking approved program of study
195. Registration of disability students
196. Conditions of registration as a disability student
197. Notice of decision to be given to education provider
198. Period of student registration

Division 9--Certificates of registration and surrender of registration

199. Issue of certificate of registration
200. Surrender of registration

Division 10--Review of conditions and undertakings

201. Changing or removing conditions or undertaking on application by registered disability workers or disability students
202. Changing conditions on Board's initiative
203. Removal of condition or revocation of undertaking

PART 12--OBLIGATIONS OF REGISTERED DISABILITY WORKERS, DISABILITY STUDENTS AND EDUCATION PROVIDERS

204. Definition of relevant entity
205. Continuing professional development
206. Professional indemnity insurance arrangements
207. Registered disability worker or disability student to give Board notice of certain events
208. Change in principal place of practice, address or name
209. Board may ask registered disability worker for information
210. Report by education providers to Board of cessation of status as disability student

PART 13--VCAT

Division 1--Referring matters to VCAT

211. Matters to be referred to VCAT relating to registered disability workers and disability students
212. Parties to proceeding for matter referred to VCAT
213. Determination by VCAT about registered disability worker
214. Determination of VCAT about disability students

Division 2--VCAT review

215. Reviewable decisions
216. Parties to the proceeding

PART 14--AUTHORISED OFFICERS

Division 1--Appointment of authorised officers

217. Appointment of authorised officers by Board or Commission
218. Identity card for authorised officers
219. Display of identity card by authorised officers

Division 2--Powers of authorised officers

220. Authorised officers may require information or documents from registered disability workers about alleged offences
221. Authorised officers may apply to Magistrates' Court for order requiring information or documents from other persons about alleged offences
222. Warning required before exercise of power under section 220 or 221
223. Inspection, copying and retention of documents
224. Authorised officer may enter premises
225. Authorised officer may apply for search warrant for entry to, and search of, premises
226. Search warrants—general
227. Procedure before entry under warrant
228. Powers after entering premises
229. Seizure of evidence by authorised officer
230. Securing seized things
231. Authorised officer to give receipts for seized things and samples taken
232. Copies of seized documents
233. Retention and return of seized documents or things
234. Magistrates' Court may extend 3 month retention period
235. Court may order destruction of seized documents or things

Division 3--Protection for persons assisting authorised officers

236. Protection of persons giving evidence to authorised officer

PART 15--INFORMATION AND PRIVACY

Division 1--Disclosure of information and confidentiality

237. Meaning of protected information
238. Duty of confidentiality
239. Disclosure of information for disability workforce planning and general disability sector planning and development
240. Disclosure of information for information management and communication purposes
241. Disclosure of information to other relevant entities
242. Disclosure to protect health or safety of persons with a disability or other persons
243. Disclosure to registration entities

Division 2--Register of Disability Workers

244. Board to keep Register of Disability Workers
245. Manner of keeping Register
246. Information to be recorded in Register
247. Board may decide not to include or to remove certain information in Register
248. Inspection of Register

Division 3--Disability Students Register

249. Disability Students Register
250. Information to be recorded in Disability Students Register

Division 4--Register of Prohibition Orders

251. Register of Prohibition Orders

Division 5--Other records

252. Other records to be kept by Board
253. Record of adjudication decisions to be kept and made publicly available

Division 6--Identity checks, criminal checks and NDIS checks

254. Evidence of identity
255. Power to check evidence of identity provided
256. Power to obtain criminal history report
257. NDIS worker screening check clearance

PART 16--OFFENCES AND GENERAL PROVISIONS

Division 1--Offences

258. Restriction on use of protected titles
259. Claims about type of registration or endorsement or qualification to hold type of registration or endorsement
260. Claims about division of Register
261. Restriction to provide prescribed disability service
262. Directing or inciting unprofessional conduct or professional misconduct
263. Offence for contravention of interim prohibition order
264. Offence for contravention of prohibition order
265. Offence to contravene VCAT order
266. Offence to provide certain services if prohibited from doing so in another State or a Territory
267. Advertising offences
268. Offence to fail to produce information or attend before authorised officer or investigator
269. Offences for failing to comply with requirement under section 229
270. False or misleading information or documents
271. Obstructing authorised officers or investigators
272. Offence to impersonate authorised officer or investigator
273. Protection against self-incrimination
274. Power to bring proceedings
275. Conduct may constitute offence and be subject of disciplinary proceedings

Division 2--Finance

276. Regulatory management agreement
277. Disability Worker Regulation Fund
278. Payments into Disability Worker Regulation Fund
279. Payments out of Disability Worker Regulation Fund
280. Investment powers
281. Repayment of advances
282. Powers of Board in relation to fees
283. Compensation

Division 3--Provisions relating to persons exercising functions under Act

284. General duties of persons exercising functions under this Act
285. Protection from liability for person exercising functions

Division 4--Regulations

286. Regulations

PART 17--TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

Division 1--Transitional provisions

287. Transitional provisions

Division 2--Consequential amendments

288. Health Complaints Act 2016 amendments
289. Health Complaints Act 2016—new section 91A
290. Health Complaints Act 2016—new section 95A
291. Ombudsman Act 1973
292. Public Administration Act 2004

PART 18--RESIDENTIAL TENANCIES ACT 1997 AMENDMENTS--SPECIALIST DISABILITY ACCOMMODATION

Division 1--New Part 12A inserted

293. New Part 12A inserted

Division 2--Consequential amendments

294. Purposes
295. Definitions
296. Health or residential services
297. Tenancy agreements to be in standard form
298. Copy of agreement to be made available to tenant
299. Assignment and sub-letting by a tenant
300. New section 218A inserted
301. Notice of intention to vacate
302. Jurisdiction of the Tribunal
303. General applications to the Tribunal
304. General power of Tribunal to make determinations
305. New sections 486B and 486C inserted
306. Reports of Director
307. Service of documents
308. New Division 1A inserted in Part 13
309. Regulations
310. New Schedule 2 inserted

PART 19--AMENDMENT OF DISABILITY ACT 2006 CONSEQUENTIAL ON ENACTMENT OF PART 12A OF RESIDENTIAL TENANCIES ACT 1997

311. Definitions
312. Information systems and disclosure, use and transfer of information
313. Purpose and application of Part
314. Regulations

PART 20--AMENDMENTS CONSEQUENTIAL ON THE ENACTMENT OF PART 12A OF THE RESIDENTIAL TENANCIES ACT 1997

Division 1--Amendment of Land Tax Act 2005

315. Absence from principal place of residence
316. Residential services for people with disabilities

Division 2--Amendment of Supported Residential Services (Private Proprietors) Act 2010

317. Meaning of supported residential service

Division 3--Amendment of Victorian Civil and Administrative Tribunal Act 1998

318. New clause 67AA inserted in Schedule 1
319. New clauses 77B to 77E inserted in Schedule 1

PART 21--REPEAL OF AMENDING PROVISIONS

320. Repeal of amending provisions
ENDNOTES

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