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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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