Victorian Numbered Acts

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DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 100

Board may take action

    (1)     This section applies if, following the Board's initial consideration of a complaint or notification or following the Board's consideration of an investigator's or assessor's report or for any other reason—

        (a)     the Board reasonably believes that—

              (i)     the manner in which a registered disability worker practises as a disability worker, or the registered disability worker's conduct in the course of practising as a disability worker, is or may be unsatisfactory; or

              (ii)     the registered disability worker or disability student has, or may have, an impairment that detrimentally affects the registered disability worker's capacity to provide disability services in a safe manner or the disability student's to capacity to undertake supervised practice in a safe manner and which poses a serious risk to—

    (A)     the life, health, safety or welfare of a person; or

    (B)     the health, safety or welfare of the public; and

        (b)     the matter is not required to be referred to VCAT under section 211; and

        (c)     the Board decides it is not necessary or appropriate to refer the matter to a panel.

    (2)     The Board may decide to take one or more of the following actions ( relevant actions ) in relation to the registered disability worker or disability student—

        (a)     counsel the disability worker or disability student;

        (b)     caution the registered disability worker or disability student;

        (c)     accept an undertaking from the registered disability worker or disability student;

        (d)     impose a condition on the registered disability worker's or disability student's registration, including any of the following—

              (i)     a condition requiring the registered disability worker or disability student to complete specified further education or training within a specified period;

              (ii)     a condition requiring the registered disability worker to undertake a specified period of supervised practice;

              (iii)     a condition requiring the registered disability worker to do, or refrain from doing, something in connection with the registered disability worker's practice as a disability worker;

              (iv)     a condition requiring the registered disability worker to practise as a disability worker in a specified manner;

              (v)     a condition requiring the registered disability worker to report to a specified person at specified times about the registered disability worker's practice as a disability worker;

        (e)     refer the matter to the Commission or another appropriate entity for investigation or other action.

    (3)     If the Board decides to impose a condition on the registration of the registered disability worker or disability student, the Board must also decide a review period for the condition.



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