Victorian Numbered Acts

DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 41

    (1)     Within 60 days after the Commission initially considers under Part 3 a complaint in relation to a registered disability worker or in relation to a disability worker's conduct (which occurred when the disability worker was registered), the Board must assess a complaint referred to it by the Commission and decide the following—

        (a)     whether to deal further with the complaint by doing one or more of the following—

              (i)     taking immediate action in accordance with Division 2 of Part 8;

              (ii)     counselling the registered disability worker;

              (iii)     referring the complaint to the Commission for conciliation;

              (iv)     referring the complaint to an appropriate entity;

              (v)     settling the complaint by agreement with the registered disability worker or by agreement of the registered disability worker and the complainant;

              (vi)     requiring the registered disability worker to undergo a performance assessment or a heath assessment;

              (vii)     investigating the registered disability worker under Division 3 of Part 8;

              (viii)     taking any other appropriate action under Division 5 of Part 8;

        (b)     whether to take no further action in accordance with section 44; or

        (c)     whether the disability worker is a registered NDIS provider or a person employed or engaged by a registered NDIS provider.

    (2)     Within 60 days after receipt of a complaint in relation to a disability student, the Board must assess a complaint referred to it by the Commission and decide—

        (a)     whether to deal further with the complaint by doing one or more of the following—

              (i)     taking immediate action in accordance with Part 8;

              (ii)     counselling the disability student;

              (iii)     requiring the disability student to undergo a heath assessment;

              (iv)     taking any other appropriate action under Division 5 of Part 8; or

        (b)     whether to take no further action in accordance with section 45.

    (3)     In the course of assessing the complaint under subsection (1), the Board may request information from the following—

        (a)     the complainant;

        (b)     the registered disability worker or the disability student;

        (c)     any person who received or sought the relevant disability service;

        (d)     any other person whom the Board reasonably believes has relevant information.