Victorian Numbered Acts

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DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 74

Power to take immediate action

Subject to section 75, the Board may take immediate action in relation to a registered disability worker or disability student if—

        (a)     in the case of a registered disability worker the Board reasonably believes that—

              (i)     the registered disability worker poses a serious risk to persons because of the disability worker's conduct, performance or health; and

              (ii)     it is necessary to take immediate action to protect public health or safety; or

        (b)     in the case of a disability student, the Board reasonably believes that—

              (i)     the disability student poses a serious risk to persons because—

    (A)     the disability student has, or may have an impairment that detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner; or

    (B)     the disability student has, or may have contravened a condition of the disability student's registration or an undertaking given by the disability student to the Board; and

              (ii)     it is necessary to take immediate action to protect public health or safety; or

        (c)     the Board reasonably believes that the registered disability worker's or disability student's registration was improperly obtained because the registered disability worker or disability student or someone else gave the Board information or a document that was false or misleading in a material particular; or

        (d)     the registered disability worker's or disability student's registration in relation to the provision of health services, disability services or education has been cancelled or suspended under an Act of this State or of any other jurisdiction; or

        (e)     the Board reasonably believes the action is otherwise in the public interest.

Example

A registered disability worker is charged with a serious criminal offence, unrelated to the provision of disability services, for which immediate action is required to be taken to maintain public confidence in the provision of services by registered disability workers.



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