Victorian Numbered Acts Victorian Numbered Acts(1) Subject to subsection (3), if the Board proposes to take a relevant action referred to in section 100 in relation to a registered disability worker or disability student, the Board—
(a) must give the registered disability worker or disability student written notice of the proposed relevant action; and
(b) must invite the registered disability worker or disability student to make a written or verbal submission to the Board, within the reasonable time stated in the notice, about the proposed relevant action.
(2) After considering any submission made by the registered disability worker or disability student in accordance with subsection (1), the Board must decide—
(a) to take no further action in relation to the matter; or
(b) to do either or both of the following—
(i) to take the proposed relevant action or other relevant action;
(ii) to refer the matter to the Commission or another appropriate entity for investigation or other action.
(3) The Board is not required to comply with subsection (1) if—
(a) the Board proposed to take a relevant action in relation to the registered disability worker or disability student; and
(b) the Board, in relation to the matter that forms the basis for the relevant action referred to in section 100—
(i) has investigated the registered disability worker or disability student under Division 3; or
(ii) has conducted a health assessment or performance assessment of the registered disability worker under Division 4; or
(iii) has conducted a health assessment of the disability student under Division 4.