Victorian Numbered Acts

DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 124

    (1)     The Commission must—

        (a)     give the investigation report to the unregistered disability worker; or

        (b)     if there is more than one disability worker, give that part of the report that relates to each unregistered disability worker to that disability worker.

    (2)     Despite subsection (1), the Commission is not required to give an unregistered disability worker an investigation report, or part of an investigation report, if the Commission reasonably believes doing so would—

        (a)     prejudice future action that the Commission may take under this Act; or

        (b)     place at risk a person's health or safety or place a person at risk of intimidation or harassment.

    (3)     The Commission may—

        (a)     give all or part of the investigation report to the Australian Health Practitioner Regulation Agency and any relevant National Board, within the meaning of the Health Practitioner National Law, if the investigation report is relevant to the administration of the Health Practitioner Regulation National Law; and

        (b)     give all or part of the investigation report to any of the following—

              (i)     the NDIS Quality and Safeguards Commission;

              (ii)     a health complaints entity;

              (iii)     any other appropriate entity for the purpose of investigation or regulation; and

        (c)     give all or part of the investigation report to an employer of the unregistered disability worker, if the investigation report is relevant to the unregistered disability worker's employment by that employer; and

        (d)     give all or part of the investigation report to a person who engages the unregistered disability worker, if the investigation report is relevant to the disability worker's engagement by that person; and

        (e)     give all or part of the investigation report to the Secretary.

    (4)     For an investigation referred to in section 119, the Commission may—

        (a)     give all or part of the investigation report to the complainant or notifier, as the case requires; and

        (b)     if the person who received or sought the disability service is not the complainant or notifier, give all or part of the investigation report to that person if that person has agreed to be notified about the outcome of the complaint or notification.

    (5)     For an investigation referred to in section 120, the Commissioner must give the investigation report to the Minister.