Victorian Numbered Acts

DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 47

    (1)     Within 60 days after the Commission initially considers under Part 3 a complaint in relation to an unregistered disability worker, the Commission must assess the complaint and decide the following—

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

              (i)     counselling the unregistered disability worker;

              (ii)     referring the complaint for conciliation by the Commission;

              (iii)     referring the complaint to an appropriate entity;

              (iv)     settling the complaint by agreement with the unregistered disability worker or by agreement of the unregistered disability worker and the complainant;

              (v)     investigating the unregistered disability worker under Part 9;

              (vi)     taking any other appropriate action under Part 9;

        (b)     whether the unregistered disability worker is a registered NDIS provider or a person employed or engaged by a registered NDIS provider;

        (c)     whether to take no further action in accordance with section 49.

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

        (a)     the complainant;

        (b)     the unregistered disability worker;

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

        (d)     any other person who the Commission reasonably believes has relevant information.

    (3)     The Commission must give written notice of any decision made under this section to the complainant and to the unregistered disability worker as soon as practicable after making the decision.