Victorian Numbered Acts Victorian Numbered Acts(1) After hearing a matter about a registered disability worker, a panel may decide—
(a) that the registered disability worker has no case to answer and that no further action is to be taken in relation to the matter; or
(b) one or more of the following—
(i) that the registered disability worker has behaved in a way that constitutes unsatisfactory professional performance;
(ii) that the registered disability worker has behaved in a way that constitutes unprofessional conduct;
(iii) that the registered disability worker has an impairment which detrimentally affects the disability worker's capacity to practise in a safe manner;
(iv) that the matter must be referred to VCAT under section 211;
(v) that the matter must be referred to the NDIS Quality and Safeguards Commission or another appropriate entity for investigation or other action.
(2) After hearing a matter about a disability student, a panel may decide—
(a) that the disability student has no case to answer and that no further action is to be taken in relation to the matter; or
(b) one or both of the following—
(i) that the disability student has an impairment which detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner;
(ii) that the matter must be referred to a health complaints entity or another entity for investigation or other action.
(3) If a panel decides that a registered disability worker or disability student has an impairment which has a detrimental effect of a kind referred to in subsection (1) or (2) or that a registered disability worker has behaved in a manner that constitutes unsatisfactory professional performance or unprofessional conduct, the panel may decide to impose a condition on the disability worker's or disability student's registration, including one or more of the following—
(a) a condition requiring the disability worker or disability student to complete specified further education or training within a specified period;
(b) a condition requiring the disability worker to undertake a specified period of supervised practice;
(c) a condition requiring the disability worker to do, or refrain from doing, something in connection with the disability worker's practice;
(d) a condition requiring the disability worker to practise in a specified manner;
(e) a condition requiring the disability worker to report to a specified person at specified times about the disability worker's practice;
(f) a condition requiring the disability worker not to employ, engage or recommend a specified person, or class of person.
(4) If a panel decides to impose a condition on a registered disability worker's or disability student's registration, the panel must also decide a review period for the condition.
(5) If a panel decides that a registered disability worker has an impairment which detrimentally affects the disability worker's capacity to practise in a safe manner, the panel may decide—
(a) in the case of a health panel, to suspend the registered disability worker's registration; or
(b) in the case of a professional standards panel, to caution or reprimand the registered disability worker.
(6) If a health panel decides that a disability student has an impairment which detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner, the panel may decide to suspend the disability student's registration.
(7) If a professional standards panel decides that a registered disability worker has behaved in a manner that constitutes unsatisfactory professional performance or unprofessional conduct, the panel may decide to caution or reprimand the disability worker.
(8) If a health panel suspends a registered disability worker's or disability student's registration, the panel must decide a date (the reconsideration date ) by which the suspension must be reconsidered by the health panel.
(9) A decision by a panel that a registered disability worker has no case to answer in relation to a matter does not prevent the Board or an adjudication body taking the matter into consideration at a later time as part of a pattern of conduct or practice by the disability worker.