Victorian Numbered Acts

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DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 202

Changing conditions on Board's initiative

    (1)     Subject to subsections (2) and (3), if the Board reasonably believes that it is necessary to change a condition imposed on the registration of a registered disability worker or disability student, the Board must give to the disability worker or disability student a written notice stating—

        (a)     that the Board proposes to change the condition; and

        (b)     how the Board proposes to change the condition; and

        (c)     the reason for the proposed change; and

        (d)     that the disability worker or disability student, within 30 days after receipt of the notice, may make a written or verbal submission to the Board about why the condition should not be changed.

    (2)     The Board must not change a condition under subsection (1) during a review period unless the Board reasonably believes there has been a material change in the disability worker's or disability student's circumstances.

    (3)     A registered disability worker or disability student may make written or verbal submissions about the proposed change to the condition as stated in the notice.

    (4)     The Board must consider any submission made under subsection (3) and decide whether or not to change the condition.

    (5)     If the Board's decision results in the registration being subject to a changed condition, the Board may decide a new review period for the condition.

    (6)     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, details of the review period.

    (7)     If the Board changes the condition, 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.



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