Victorian Numbered Acts

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DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 191

Decision about application for renewal of registration

    (1)     After considering an application for renewal of registration and any submissions made in accordance with a notice under section 190, the Board may decide—

        (a)     to renew the registration, subject to any condition that the Board considers necessary or desirable in the circumstances; or

        (a)     to refuse to renew the registration on a ground referred to in subsection (2).

    (2)     The Board may refuse to renew the applicant's registration on any of the following grounds—

        (a)     if the application were for a grant of registration, the applicant would be ineligible for registration;

        (b)     the applicant has not satisfied the Board of the applicant's continued competence to practise as a disability worker;

        (c)     the applicant contravened any condition to which the applicant's previous registration was subject;

        (d)     during the applicant's previous period of registration, the applicant failed to have appropriate professional indemnity insurance arrangements in place or failed to complete the continuing professional development required by a relevant approved registration standard;

        (e)     a statement made by the applicant in the applicant's annual statement was false or misleading in a material particular;

        (f)     the applicant sought to rely on information or a document given to the Board in relation to the application and that information or document was false or misleading in a material particular.

    (3)     The Board must refuse to renew the applicant's registration if—

        (a)     in the case of a person who holds general registration and who is registered in division 3 of the Register, the general registration has been renewed twice previously; or

        (b)     in the case of a person who holds limited registration and who is registered in division 3 of the Register, the limited registration has been renewed thrice previously.

    (4)     If the Board decides to renew an applicant's registration subject to a condition, the Board must decide a review period for the condition.

    (5)     If the Board refuses to renew an applicant's registration or decides to renew the registration subject to a condition, within 30 days after making the decision, the Board must give the applicant a notice that states—

        (a)     the Board's decision; and

        (b)     the reasons for the decision; and

        (c)     that the applicant may apply for review of the Board's decision; and

        (d)     how an application for review may be made and the period within which the application must be made.



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