Victorian Numbered Acts

DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 201

    (1)     Subject to subsections (2) and (3), a registered disability worker or disability student may apply to the Board—

        (a)     in the case of a registered disability worker—

              (i)     to change or remove a condition imposed on the disability worker's registration or endorsement; or

              (ii)     to change or revoke an undertaking given by the disability worker to the Board; or

        (b)     in the case of a disability student—

              (i)     to change or remove a condition imposed on the disability student's registration; or

              (ii)     to change or revoke an undertaking given by the disability student to the Board.

    (2)     A registered disability worker or disability student must not make an application under subsection (1) during the relevant review period unless the disability worker or disability student reasonably believes there has been a material change in the disability worker's or disability student's circumstances.

    (3)     An application made under subsection (1)—

        (a)     must be in the form approved by the Board; and

        (b)     must be accompanied by any other information which is reasonably required by the Board.

    (4)     For the purposes of deciding about the application, the Board may exercise a power under section 153 as if the application were an application for registration.

    (5)     The Board must grant the application or refuse to grant the application.

    (6)     If the Board's decision results in a condition on the registration remaining in place or an undertaking remaining in place, the Board may decide a review period for the condition or undertaking.

    (7)     As soon as practicable after making the decision under subsection (5), the Board must give to the disability worker or the disability student and the education provider at which the disability student is undertaking an approved program of study, written notice of—

        (a)     the decision; and

        (b)     if the Board has decided a review period for a condition or undertaking, details of the review period.

    (8)     If the Board refuses to grant the application, the notice must state—

        (a)     the reasons for the decision made by the Board; and

        (b)     that the registered disability worker or disability student may apply for review of the decision; and

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