{"id":"disability-service-safeguards-act-2018","name":"Disability Service Safeguards Act 2018","slug":"disability-service-safeguards-act-2018","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176375,"registerId":"vic-disability-service-safeguards-act-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to regulate registered and unregistered disability workers by—\n\n(i) providing for a registration scheme for disability workers and disability students receiving training to be disability workers; and\n\n(ii) establishing the Disability Worker Registration Board of Victoria; and\n\n(iii) establishing the Victorian Disability Worker Commission; and\n\n(iv) providing for the appointment of the Victorian Disability Worker Commissioner; and\n\n(v) providing for a mechanism by which complaints and notifications in relation to disability workers and disability students may be investigated and dealt with; and\n\n(vi) providing for appropriate information sharing in relation to disability workers; and\n\n(b) to amend the **Residential Tenancies Act 1997**—\n\n(i) to provide for the rights and duties of SDA residents and SDA providers consistently with the National Disability Insurance Scheme; and\n\n(ii) to provide access to SDA residents and SDA providers to general tenancy arrangements under Part 2 of that Act; and\n\n(iii) to enable SDA residents to exercise choice and control in respect of their accommodation arrangements; and\n\n(c) to make consequential amendments to—\n\n(i) the **Health Complaints Act 2016**, the **Ombudsman Act 1973** and the **Public Administration Act 2004** in relation to the regulation of disability workers and disability students; and\n\n(ii) the **Disability Act 2006** and other Acts to enable the **Residential Tenancies Act 1997** to provide for SDA residents and SDA providers.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 July 2020, it comes into operation on that day.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\n***ACC*** means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;\n\n***accreditation standard***, for disability workers, means a standard used to assess whether a program of study provides persons who complete the program with the knowledge, skills and attributes necessary to practise as a disability worker;\n\n***adjudication body*** means—\n\n(a) a panel; or\n\n(b) VCAT; or\n\n(c) a court;\n\n***appropriate professional indemnity insurance arrangements***, in relation to a registered disability worker, means professional indemnity insurance arrangements that comply with the relevant approved registration standard for that disability worker;\n\n***approved accreditation standard*** means an accreditation standard that has taken effect in accordance with section 147;\n\n***approved area of practice***, for disability workers, means an area of practice approved under section 175;\n\n***approved code of conduct*** means any prescribed code of conduct in relation to unregistered disability workers;\n\nS. 3(1) def. of *approved program of study* amended by No. 41/2025 s. 3(Sch. 1 item 16.1(a)).\n\n***approved program of study*** means—\n\n(a) in relation to a disability worker, a program of study approved under section 149(1) by the Board for the purposes of registration or endorsement of registration; and\n\n(b) in relation to a disability student, a program of study approved by the Board and required by the Board for the purposes of registration of persons as disability students;\n\n***approved qualification*** means—\n\n(a) a qualification obtained by completing an approved program of study; and\n\n(b) in the case of endorsement of registration, a qualification obtained by completing an approved program of study relevant to the endorsement;\n\nS. 3(1) def. of *approved registration standard* amended by No. 17/2020 s. 4.\n\n***approved registration standard*** means a registration standard approved by the Minister under section 141(2) and that has taken effect in accordance with section 143(1);\n\n***authorised officer*** means a person appointed under Division 1 of Part 14;\n\n***Board*** means the Disability Worker Registration Board of Victoria established under section 8;\n\n***Chief Commissioner***  has the same meaning as it has in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *clearance* inserted by No. 19/2019 s. 218(a), substituted by No. 34/2020 s. 197(c).\n\n***clearance*** means—\n\n(a) an NDIS clearance; or\n\n(b) an interstate NDIS clearance within the meaning of the **Worker Screening Act 2020**;\n\n***Commission*** means the Victorian Disability Worker Commission established under section 21;\n\n***Commissioner*** means the Victorian Disability Worker Commissioner appointed under section 26;\n\n***complaint*** means a complaint made in relation to an unregistered disability worker, a registered disability worker or a disability student under Part 3;\n\nS. 3(1) def. of *correspond-ing NDIS worker screening law* inserted by No. 34/2020 s. 197(a).\n\n***corresponding NDIS worker screening law*** has the same meaning as in the **Worker Screening Act 2020**;\n\nS. 3(1) def. of *criminal history* amended by No. 41/2025 s. 3(Sch. 1 item 16.1(b)).\n\n***criminal history***, of a person, means the following—\n\n(a) every conviction of the person for an offence, in Victoria or elsewhere, and whether before, on or after the commencement of this section;\n\n(b) every plea of guilty or finding of guilt by a court of the person for an offence, in Victoria or elsewhere, and whether before, on or after the commencement of this section and whether or not a conviction is recorded for the offence;\n\n(c) every charge made against the person for an offence, in Victoria or elsewhere, and whether before, on or after the commencement of this section;\n\n***criminal history law*** means a law that provides that spent or other convictions do not form part of a person's criminal history and prevents or does not require the disclosure of those convictions;\n\n***disability*** has the meaning given in section 4;\n\n***disability*** ***service*** means—\n\n(a) a service (other than a prescribed exempt service) which involves more than incidental contact with a person with a disability and is specifically provided to the person for the principal purpose of caring for, or treating, the person or supporting the person to manage the person's limitations in undertaking one or more of the following activities—\n\n(i) communication;\n\n(ii) social or economic participation;\n\n(iii) social interaction;\n\n(iv) learning;\n\n(v) mobility;\n\n(vi) self‑care;\n\n(vii) self‑management; or\n\n(b) a prescribed service;\n\n***disability*** ***student*** means an individual whose name is on the Disability Students Register;\n\n***Disability Students Register*** means the register kept under section 249 by the Board;\n\n***disability worker*** means, subject to subsection (2), a person (other than a disability student) who—\n\n(a) directly provides a disability service to a person with a disability; or\n\n(b) supervises or manages another person who directly provides a disability service to a person with a disability;\n\n***education provider*** means—\n\n(a) a university; and\n\n(b) a tertiary education institution, or another institution or organisation, that provides vocational training;\n\nS. 3(1) def. of *exclusion* inserted by No. 19/2019 s. 218(a), substituted by No. 34/2020 s. 197(d).\n\n***exclusion*** means—\n\n(a) an NDIS exclusion; or\n\n(b) an interstate NDIS exclusion within the meaning of the **Worker Screening Act 2020**;\n\n***family member*** has the meaning given in section 5;\n\n***health assessment*** means an assessment of a person (including but not limited to a medical, physical, psychiatric or psychological examination or test) for the purpose of deciding whether the person has an impairment that detrimentally affects, or is likely to affect detrimentally—\n\n(a) in the case of a person who is a disability worker, the person's capacity to practise as a disability worker; and\n\n(b) in the case of a person who is a disability student, the person's capacity to undertake supervised practice;\n\nS. 3(1) def. of *health complaints entity* amended by No. 39/2022 s. 822(1)(a) (as amended by No. 20/2023 s. 49(9)).\n\n***health complaints entity*** means—\n\n(a) the Health Complaints Commissioner appointed under section 111 of the **Health Complaints Act 2016**; and\n\n(b) the Mental Health and Wellbeing Commission established by section 411 of the **Mental Health and Wellbeing Act 2022**;\n\n***health, conduct or performance action*** means action that the Board or an adjudication body may take in relation to a registered disability worker or a disability student under Part 8;\n\n***health panel*** means a panel established under section 103;\n\n***health practitioner*** has the same meaning as in the Health Practitioner Regulation National Law;\n\n***impairment*** means a loss or abnormality of structure or function of an intellectual, cognitive, neurological, sensory, psychological or physical nature, whether permanent or temporary;\n\nS. 3(1) def. of *interim bar* repealed by No. 34/2020 s. 197(f).\n\nS. 3(1) def. of *interim exclusion* inserted by No. 34/2020 s. 197(a).\n\n***interim exclusion*** means—\n\n(a) an interim NDIS exclusion within the meaning of the **Worker Screening Act 2020**; or\n\n(b) an interim decision made under a corresponding NDIS worker screening law that has the same effect as a decision to give an interim NDIS exclusion;\n\n***investigator*** means a person appointed under section 80(1);\n\nS. 3(1) def. of *Mental Health and Wellbeing Commission* inserted by No. 39/2022 s. 822(1)(b) (as amended by No. 20/2023 s. 49(10)).\n\n***Mental Health and Wellbeing Commission*** has the same meaning as in section 3(1) of the **Mental Health and Wellbeing Act 2022**;\n\n***NDIS*** means the National Disability Insurance Scheme within the meaning of the NDIS Act;\n\n***NDIS Act*** means the National Disability Insurance Scheme Act 2013 of the Commonwealth;\n\nS. 3(1) def. of *NDIS check* inserted by No. 34/2020 s. 197(a).\n\n***NDIS check*** has the same meaning as in the **Worker Screening Act 2020**;\n\nS. 3(1) def. of *NDIS clearance* inserted by No. 34/2020 s. 197(a).\n\n***NDIS clearance***  has the same meaning as in the **Worker Screening Act 2020**;\n\nS. 3(1) def. of *NDIS exclusion* inserted by No. 34/2020 s. 197(a).\n\n***NDIS exclusion*** has the same meaning as in the **Worker Screening Act 2020**;\n\n***NDIS Quality and Safeguards Commission*** means the NDIS Quality and Safeguards Commission  established under section 181A of the NDIS Act;\n\nS. 3(1) def. of *NDIS worker screening agency* repealed by No. 19/2019 s. 218(b).\n\nS. 3(1) def. of *NDIS worker screening check clearance* amended as *NDIS worker screening check* by No. 19/2019 s. 218(c), amended by No. 34/2020 s. 197(b).\n\n***NDIS worker screening check*** means the assessment under a corresponding NDIS worker screening law of whether a person who provides disability services, or seeks to provide disability services poses a risk to persons with a disability;\n\nS. 3(1) def. of *NDIS worker screening unit* inserted by No. 19/2019 s. 218(a), substituted by No. 34/2020 s. 197(e).\n\n***NDIS worker screening unit*** means an NDIS worker screening unit within the meaning of the **Worker Screening Act 2020**;\n\n***notifiable conduct***—see section 58;\n\n***notification*** means a notification made under Part 7;\n\n***notifier*** means a person who makes a notification;\n\n***panel*** means—\n\n(a) a health panel; or\n\n(b) a professional standards panel;\n\nS. 3(1) def. of *party* amended by No. 41/2025 s. 3(Sch. 1 item 16.1(c)).\n\n***party***, in relation to a complaint, means—\n\n(a) the complainant; or\n\n(b) the disability worker about whom the complaint is made; or\n\n(c) the person who received or sought the relevant disability service, if that person is not the complainant;\n\n***performance assessment*** means an assessment of the knowledge, skill or judgement possessed, or care exercised, by a person practising as a registered disability worker;\n\n***professional standards panel*** means a panel established under section 104;\n\n***professional misconduct*** of a registered disability worker includes—\n\n(a) conduct that is substantially below the standard reasonably expected of a registered disability worker of an equivalent level of training or experience; and\n\n(b) more than one instance of conduct that, when considered together, amounts to conduct that is substantially below the standard reasonably expected of a registered disability worker of an equivalent level of training or experience; and\n\n(c) conduct of the registered disability worker, regardless of whether it occurs in connection with the provision of disability services, that is inconsistent with the disability worker being a fit and proper person to hold registration under this Act;\n\n***program of study*** means a program of study provided by an education provider;\n\n***psychologist*** has the same meaning as it has in the Health Practitioner Regulation National Law;\n\n***Register*** means the Register of Disability Workers kept under section 244;\n\n***registered disability worker*** means a disability worker who is registered under this Act and (other than in Parts 2, 3, 4, 7, 8, 9, 13 and 14 and section 188) does not include a disability worker whose registration is suspended;\n\n***registered health practitioner*** has the same meaning as in the Health Practitioner Regulation National Law;\n\n***registered NDIS provider*** has the same meaning as in the NDIS Act;\n\n***relevant fee***, for a service provided by the Board, means the fee set by the Board in accordance with this Act;\n\n***review period***, for a condition or undertaking, means the period during which the condition may not be changed or removed, or the undertaking may not be changed or revoked, under this Act;\n\n***type of registration*** means a kind of registration being one of the following—\n\n(a) general registration;\n\n(b) limited registration;\n\n(c) non-practising registration;\n\n***unprofessional conduct***, of a registered disability worker, means conduct that is of a lesser standard than that which might reasonably be expected of the disability worker by the public or the disability worker's peers in relation to the provision of disability services, and includes—\n\n(a) a contravention of this Act by the disability worker, whether or not the disability worker has been prosecuted for, or convicted of, an offence in relation to the contravention; and\n\n(b) a contravention by the disability worker of—\n\n(i) a condition to which the disability worker's registration is subject; or\n\n(ii) an undertaking given by the disability worker to the Board; and\n\n(c) the conviction of the disability worker for an offence under another Act, the nature of which may affect the disability worker's suitability to continue to provide disability services; and\n\n(d) providing a person with disability services of a kind that are excessive, unnecessary or otherwise not reasonably required for the person's wellbeing; and\n\n(e) influencing, or attempting to influence, the conduct of another disability worker in a way that may compromise the support, treatment or care of a person with a disability; and\n\n(f) accepting a benefit as inducement, consideration or reward for referring a person to a disability worker or for recommending a person use or consult a disability worker; and\n\n(g) offering or giving a person a benefit, consideration or reward in return for that person referring another person to the disability worker or recommending another person to use a disability service provided by the disability worker; and\n\n(h) referring a person to, or recommending a person use or consult, another disability service worker, disability service or health product if the disability worker has a pecuniary interest in giving that referral or recommendation, unless the disability worker discloses the nature of that interest to the person before or at the time of giving the referral or recommendation;\n\n***unregistered disability worker*** means a disability worker who is not registered under Part 11;\n\n***unsatisfactory professional performance***, of a registered disability worker, means the knowledge, skill or judgement possessed, or care exercised, by the disability worker is below the standard reasonably expected of a disability worker of an equivalent level of training or experience.\n\n(2) For the purposes of the definition of ***disability worker***, a person is not a disability worker if—\n\n(a) the person—\n\n(i) is a family member of a person with a disability; and\n\nSee definition of ***family member*** in section 5.\n\n(ii) provides disability services to the person with a disability; and\n\n(iii) does not receive a fee or reward for providing those disability services; or\n\n(b) the person voluntarily provides disability services, unless the person provides the disability services on behalf of an organisation or agency.\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definition of *disability*","content":"\t4 Definition of *disability*\n\n(1) In this Act, ***disability*** means—\n\n(a) an impairment, or any combination of impairments, that—\n\n(i) is, or is likely to be, permanent; and\n\n(ii) may, or may not, be attributable to a psychiatric condition; and\n\n(iii) causes, or is likely to cause, a person to require lifelong support; and\n\n(iv) results in a person having substantially reduced functional capacity to undertake one or more of the following activities—\n\n(A) communication;\n\n(B) social or economic participation;\n\n(C) social interaction;\n\n(D) learning;\n\n(E) mobility;\n\n(F) self-care;\n\n(G) self-management; or\n\n(b) a developmental delay.\n\n(2) For the purposes of the definition of ***disability*** in subsection (1)—\n\n***developmental delay*** means a delay in the development of a child under the age of 6 years that—\n\n(a) is attributable to an impairment, or any combination of impairments; and\n\n(b) results in substantial functional limitations to undertake one or more of the following activities—\n\n(i) self-care;\n\n(ii) receptive and expressive language;\n\n(iii) cognitive development;\n\n(iv) motor development; and\n\n(c) reflects the child's need for a combination and sequence of special interdisciplinary, or generic care, treatment or other services which are of extended duration and are individually planned and coordinated.\n\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definition of *family member*","content":"\t5 Definition of *family member*\n\n(1) In this Act, ***family member*** of a person means—\n\n(a) the spouse or domestic partner of the person; or\n\n(b) a person who has or has had an intimate personal relationship with the person; or\n\n(c) a person who is or has been a relative of the person; or\n\n(d) a child who normally or regularly resides with the person; or\n\n(e) a child of whom the person is a guardian; or\n\n(f) another person who is or has been ordinarily a member of the household of the person.\n\n(2) For the purposes of the definition of ***family member*** in subsection (1)—\n\n***domestic partner*** of a person  means—\n\n(a) a person who is in a registered relationship with the person; or\n\n(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—\n\n(a) for fee or reward; or\n\n(b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);\n\n***parent*** of a child includes a guardian of the child or a person with whom the child normally or regularly resides;\n\n***relative*** of a person means—\n\n(a) a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law of the person; or\n\n(b) a son, daughter, grandson, granddaughter, step-son,  \nstep-daughter, son-in-law or  \ndaughter-in-law of the person; or\n\n(c) a brother, sister, half-brother, half‑sister, brother-in-law or  \nsister-in-law of the person; or\n\n(d) an uncle, aunt, uncle-in-law or  \naunt-in-law of the person; or\n\n(e) a nephew or niece of the person; or\n\n(f) a cousin of the person—\n\nand includes, in the case of domestic partners, a person who would be such a relative if the domestic partners were married to each other;\n\n***spouse*** of a person means a person to whom the person is or was married.\n\n(3) For the  purposes of the definition of ***domestic partner*** in subsection  (2)—\n\n(a) ***registered relationship*** has the same meaning as in the **Relationships Act 2008**; and\n\n(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; and\n\n(c) a person is not a domestic partner of another person only because they are co-tenants.\n\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Objective","content":"\t6 Objective\n\nThe objective of Parts 1 to 17 of this Act is to promote the quality, safety, responsiveness and sustainability of the disability workforce by—\n\n(a) providing for—\n\n(i) the registration of certain disability workers and disability students; and\n\n(ii) the regulation of registered and unregistered disability workers; and\n\n(b) strengthening the safeguards for those persons with a disability who access disability services and broadening the avenues for complaint in relation to those services; and\n\n(c) facilitating access by persons with a disability to information and services provided by the disability workforce; and\n\n(d) encouraging innovation and quality improvement in the education and training of the disability workforce and in the provision of disability services.\n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Guiding principles","content":"\t7 Guiding principles\n\n(1) Without limiting the rights of persons with a disability, it is a guiding principle of the regulatory scheme under this Act that persons with a disability to whom disability services are provided have the same rights as other members of the community—\n\n(a) to be respected for their human worth and to be treated with dignity as individuals; and\n\n(b) to live free from abuse, neglect and exploitation; and\n\n(c) to realise their individual capacity for physical, social, emotional and intellectual development; and\n\n(d) to exercise choice and control over their own lives; and\n\n(e) to access information and communicate in a manner appropriate to their communication and cultural needs; and\n\n(f) if a child, actively to involve the child's family and any other caregivers in decisions affecting the child and to have information and support to enable this to occur; and\n\n(g) to choose disability workers with the values, skills and qualifications that meet their needs; and\n\n(h) to access services which support their quality of life.\n\n(2) Other guiding principles of the regulatory scheme are—\n\n(a) the registration of disability workers and disability students in accordance with this Act is to occur in a manner that is transparent, accountable, effective, efficient and fair; and\n\n(b) fees required to be paid under this Act should be reasonable, having regard to the effective and efficient operation of the registration scheme; and\n\n(c) restrictions on the practice of disability workers in accordance with this Act are only to occur if they are in the public interest and if they are necessary to ensure that disability services are provided safely and are of an appropriate quality.\n\n(3) It is the intention of Parliament that the guiding principles specified in this section should, if practicable, be given effect to in the administration of this Act and the regulation of disability workers and disability students.\n\nPart 2—Governance\n\nDivision 1—Disability Worker Registration Board of Victoria\n\n\t8 Establishment of the Board\n\nThere is established the Disability Worker Registration Board of Victoria.\n\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Functions and powers","content":"\t9 Functions and powers\n\n(1) The Board has the following functions, in addition to any other function conferred on it by or under this Act or any other Act—\n\n(a) to set standards for registration of disability workers and the practice of registered disability workers;\n\n(b) to accredit training programs and supervised practice arrangements that qualify persons for registration as a disability worker;\n\n(c) to assess the probity and qualifications of applicants for registration and to register suitably qualified disability workers;\n\n(d) to register suitably qualified disability workers;\n\n(e) to register persons as disability students to undertake supervised practice as part of an approved program of study;\n\n(f) to deal with matters of impairment in relation to registered disability workers and disability students;\n\n(g) to receive, assess and deal with notifications and complaints about registered disability workers and disability students;\n\n(h) to monitor compliance with registration and practice standards by registered disability workers;\n\n(i) to collect and provide data for disability workforce planning and system improvement purposes;\n\n(j) to regulate the advertising of services provided by registered disability workers.\n\n(2) The Board has all the powers necessary to perform its functions.\n\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Membership of the Board","content":"\t10 Membership of the Board\n\n(1) On the recommendation of the Minister, the Governor in Council may appoint a person to be a member of the Board.\n\n(2) The Board consists of not less than 9 and not more than 12 persons as determined by the Minister in accordance with the following requirements—\n\n(a) at least 2 and not more than two-thirds of the members are not, and have not at any time been, registered disability workers;\n\n(b) at least 2 and not more than two-thirds of the members are registered disability workers;\n\n(c) at least 3 members are persons with a disability.\n\n(3) In determining whether to appoint a person as a member of the Board, the Minister must have regard to the skills and experience of the person that are relevant to the Board's functions.\n\n(4) A person is not eligible to be a member of the Board if—\n\n(a) the person has ceased to be a registered disability worker as a result of the person's professional misconduct or incompetence or an impairment; or\n\n(b) the person has been found guilty, at any time, of an offence (whether in Victoria or elsewhere) that, in the opinion of the Minister, renders the person unfit to hold the office of member.\n\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Term of office","content":"\t11 Term of office\n\n(1) A member of the Board—\n\n(a) holds office, subject to this Act, for a term specified in the member's instrument of appointment, not exceeding 3 years from the date of appointment; and\n\n(b) is eligible for reappointment.\n\n(2) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of the Board in respect of the office of member.\n\n(3) Despite subsection (1) and anything to the contrary in the member's instrument of appointment, a member of the Board, with the consent of the Minister, may continue to hold office at the end of member's appointment for a period not exceeding 6 months to enable the vacancy in the member's office to be filled.\n\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"When does a Board member's office become vacant?","content":"\t12 When does a Board member's office become vacant?\n\n(1) The office of a member of the Board becomes vacant if the member—\n\n(a) without leave first being granted by the Board, is absent from 3 consecutive meetings of which reasonable notice was given to the member, either in person or by post; or\n\n(b) becomes an insolvent under administration; or\n\n(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or\n\n(d) resigns by writing delivered to the Minister; or\n\n(e) is removed from office under subsection (2).\n\n(2) The Governor in Council may remove a member of the Board from office if of the opinion that the member—\n\n(a) is guilty of improper conduct in carrying out the duties of the member's office; or\n\n(b) is mentally or physically incapable of carrying out satisfactorily the duties of the member's office; or\n\n(c) has failed to comply with any term or condition of appointment.\n\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Chairperson","content":"\t13 Chairperson\n\n(1) On the recommendation of the Minister, the Governor in Council may appoint one of the members of the Board as chairperson of the Board.\n\n(2) Subject to this Act, the chairperson holds office for a term of 3 years from the date of appointment and is eligible for reappointment.\n\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Payment of members","content":"\t14 Payment of members\n\n(1) A member of the Board is entitled to receive the remuneration and allowances that are fixed from time to time by the Governor in Council.\n\n(2) The Governor in Council may fix different remuneration for different classes of members of the Board.\n\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Acting appointments","content":"\t15 Acting appointments\n\n(1) The Minister may appoint a person from a list of persons approved under subsection (5) to act as a member of the Board—\n\n(a) during a vacancy in the office of member; or\n\n(b) in the place of a member who is absent or who, for any other reason, is unable to perform the duties of the office.\n\n(2) A member appointed under subsection (1) holds office for the rest of the term of appointment of the member whose place the replacement member fills.\n\n(3) An acting member—\n\n(a) has all the powers and must perform all the duties of the member for whom, or the office in which, the acting member is acting; and\n\n(b) is entitled to be paid the remuneration and allowances to which the member would have been entitled for performing those duties; and\n\n(c) is eligible for reappointment as a member of the Board.\n\n(4) The Minister may terminate at any time an acting appointment.\n\n(5) On the recommendation of the Minister, the Governor in Council may approve persons who are to be available to fill vacancies in the office of member of the Board under this section.\n\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Meetings","content":"\t16 Meetings\n\n(1) The following persons are to preside at a meeting of the Board—\n\n(a) the chairperson;\n\n(b) a member appointed by the members present if the chairperson is absent.\n\n(2) The quorum of the Board is a majority of the members for the time being.\n\n(3) A question arising at a meeting is decided by a majority of votes and the person presiding has a deliberative vote and, in the case of an equality of votes, a second or casting vote.\n\n(4) The Board must ensure that accurate minutes are kept of its meetings.\n\n(5) The Board may permit members to participate in a particular meeting, or all meetings, by telephone, video conference or any other means of communication that does not require the physical presence of each member in the same place.\n\n(6) Subject to this Part, the Board may regulate its own procedure.\n\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Conflicts of interest","content":"\t17 Conflicts of interest\n\n(1) A member of the Board who has a personal interest (whether pecuniary or otherwise) in a matter being considered or about to be considered by the Board, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest at a meeting of the Board if the interest appears to raise a conflict of interest with the proper performance of the member's duties in relation to the consideration of the matter.\n\nPenalty: 5 penalty units.\n\n(2) The person presiding at a meeting at which a declaration is made must cause a record of the declaration to be made in the minutes of the meeting.\n\n(3) After becoming aware of the conflict of interest in a matter—\n\n(a) unless the Board directs otherwise, the member must not be present during any deliberations on the matter; and\n\n(b) the member is not entitled to vote on the matter; and\n\n(c) if the member does vote, the vote must be disallowed.\n\n(4) For the purposes of this section, a member is not regarded as having a conflict of interest—\n\n(a) in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or\n\n(b) in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.\n\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Validity of acts or decisions","content":"\t18 Validity of acts or decisions\n\nAn act or a decision of the Board is not invalid—\n\n(a) only because of—\n\n(i) a defect or irregularity in, or in connection with, the appointment of a member or an acting member or the election of a member; or\n\n(ii) a vacancy in the office of a member; or\n\n(b) on the ground that the occasion for an acting member to act had not arisen or had ceased.\n\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Establishment of committees","content":"\t19 Establishment of committees\n\n(1) The Board may establish one or more committees—\n\n(a) to assist the Board in exercising any of its functions; or\n\n(b) to provide expert advice on any matter relating to the Board's functions.\n\n(2) The members of a committee are to be appointed by the Board and each member is to have expertise in the matters to be considered by the committee.\n\n(3) The Board may decide the matters to be considered by a committee.\n\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Delegation","content":"\t20 Delegation\n\nThe Board, by instrument, may delegate to any of the following persons or bodies any function or power of the Board, other than this power of delegation—\n\n(a) a member of the Board;\n\n(b) the Commissioner;\n\nS. 20(c) substituted by No. 19/2019 s. 219.\n\n(c) a person referred to in section 32A(1) or (2);\n\n(d) a committee established under section 19.\n\n","sortOrder":19},{"sectionNumber":"Div 2","sectionType":"division","heading":"Victorian Disability Worker Commission","content":"Division 2—Victorian Disability Worker Commission\n\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Establishment and constitution of the Victorian Disability Worker Commission","content":"\t21 Establishment and constitution of the Victorian Disability Worker Commission\n\n(1) There is established a Victorian Disability Worker Commission.\n\n(2) The Commission—\n\n(a) is a body corporate with perpetual succession; and\n\n(b) must have a common seal; and\n\n(c) may sue and be sued; and\n\nS. 21(2)(d) repealed by No. 19/2019 s. 220.\n\n(e) may enter into contracts or other arrangements; and\n\n(f) may acquire, hold and dispose of real and personal property; and\n\n(g) may do and suffer all acts and things that a body corporate may by law do and suffer.\n\n(3) The common seal of the Commission must be kept as directed by the Commission and may only be used as authorised by the Commission.\n\n(4) The Commission is to be constituted by the Victorian Disability Worker Commissioner.\n\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Functions and powers of the Commission","content":"\t22 Functions and powers of the Commission\n\n(1) The Commission has the following functions in relation to registered disability workers and disability students—\n\n(a) to provide administrative assistance and support to the Board to enable the Board to exercise its functions in relation to the registration and the regulation of registered disability workers and disability students and the accreditation of training programs;\n\n(b) in conjunction with the Board, to establish and maintain a register of disability workers that is accessible to the public and a register of disability students;\n\n(c) to implement efficient procedures for the purpose of supporting the Board to perform its function in relation to accreditation and registration;\n\n(d) to implement efficient procedures for receiving and passing on to the Board complaints and notifications about registered disability workers and disability students;\n\n(e) to receive, assess and investigate complaints and, if appropriate, to refer them to the Board;\n\n(f) to receive and assess notifications and, if appropriate, to refer them to the Board;\n\n(g) if appropriate, to conciliate complaints;\n\n(h) to enter into an agreement with the Board about fees, the Board's budget and services to be provided by the Commission to the Board;\n\n(i) to monitor, identify and advise the Minister about trends in relation to complaints and notifications, and other related matters;\n\n(j) any other function conferred on the Commission in relation to the Board by this or any other Act.\n\n(2) The Commission has the following functions in relation to unregistered disability workers—\n\n(a) to implement efficient procedures for receiving and dealing with complaints;\n\n(b) to receive, assess and deal with complaints and notifications and, if appropriate, refer them to the Board;\n\n(c) if appropriate, to conciliate complaints;\n\n(d) to provide advice to the Minister about matters referred to the Commission by the Minister;\n\n(e) to inquire into or investigate matters referred to the Commission by the Minister and to provide reports to the Minister in relation to those matters;\n\n(f) to monitor, identify and advise the Minister about trends in relation to complaints and notifications, and other related matters;\n\n(g) to carry out and support research into the handling of complaints and ways of improving the practice of disability workers and the disability services they provide;\n\n(h) to provide information and education to the public about disability workers and their conduct, the complaint handling standards and the complaints and notification processes;\n\n(i) any other function conferred on the Commission in relation to the Commission by this or any other Act.\n\n(3) The Victorian Disability Worker Commission has all the powers that are necessary or convenient to perform its functions under this or any other Act.\n\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Regulatory management agreement","content":"\t23 Regulatory management agreement\n\nThe Commission must enter into a regulatory management agreement with the Board in accordance with section 276.\n\nS. 24 repealed by No. 19/2019 s. 221.\n\nS. 25 amended by No. 19/2019 s. 222.\n\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Delegation","content":"\t25 Delegation\n\nThe Commission by instrument may delegate any duty, function or power of the Commission under this Act or any other Act or the regulations under this Act (other than this power of delegation) to any person referred to in section 32A(1) or (2).\n\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Appointment of Victorian Disability Worker Commissioner","content":"\t26 Appointment of Victorian Disability Worker Commissioner\n\n(1) The Governor in Council, on the recommendation of the Minister, by instrument may appoint a person as the Victorian Disability Worker Commissioner.\n\n(2) The Minister must consult the Board before making a recommendation under subsection (1).\n\nS. 26(3) inserted by No. 19/2019 s. 223.\n\n(3) The **Public Administration Act 2004** (other than Part 3, except as provided by section 16 of that Act) applies to the Commissioner in respect of the office of the Commissioner.\n\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Duties, functions and powers of the Commissioner","content":"\t27 Duties, functions and powers of the Commissioner\n\n(1) The Commissioner has the following functions—\n\n(a) all the duties, functions and powers of the Commission under this Act;\n\n(b) to issue prohibition orders, interim prohibition orders and public statements in relation to unregistered disability workers;\n\nS. 27(1)(c) amended by No. 19/2019 s. 224.\n\n(c) any other duties, functions and powers conferred on the Victorian Disability Commissioner under this or any other Act.\n\n(2) All acts and things done by the Commissioner in the name of or on behalf of the Commission are taken to have been done by the Commission.\n\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Terms and conditions of appointment","content":"\t28 Terms and conditions of appointment\n\n(1) The Commissioner—\n\n(a) holds office for the period, not exceeding 5 years, that is specified in the instrument of appointment; and\n\n(b) is eligible for reappointment; and\n\n(c) is appointed on a full-time or part-time basis and holds office on the terms and conditions that are specified in the instrument of appointment.\n\n(2) If the Commissioner was immediately before the Commissioner's appointment an officer within the meaning of the **State Superannuation Act 1988**, the Commissioner continues to be such an officer during the term of office as the Commissioner.\n\n(3) The Commissioner is entitled to the remuneration and allowances determined from time to time by the Governor in Council.\n\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Acting appointment","content":"\t29 Acting appointment\n\n(1) The Governor in Council may appoint a person to act as the Victorian Disability Worker Commissioner—\n\n(a) during a vacancy in the office of the Commissioner; or\n\n(b) during any period when—\n\n(i) the Commissioner is absent; or\n\n(ii) the Commissioner is for any other reason unable to perform the duties of the office of Victorian Disability Worker Commissioner.\n\n(2) The Minister may appoint a person to act as the Commissioner for a period of not more than 6 months during any period when the Commissioner is absent.\n\n(3) A person appointed under subsection (1) is entitled to the remuneration and allowances that are determined from time to time by the Governor in Council.\n\n(4) A person appointed under subsection (2) is entitled to the remuneration and allowances that are determined by the Minister.\n\n(5) While a person is acting as the Commissioner, the person has all the powers and may perform any of the functions of the Commissioner.\n\n(6) The Governor in Council may revoke an appointment under subsection (1) at any time.\n\n(7) The Minister may revoke an appointment under subsection (2) at any time.\n\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Vacancy and resignation","content":"\t30 Vacancy and resignation\n\nThe Commissioner ceases to hold office if the Commissioner—\n\n(a) resigns by writing delivered to the Minister; or\n\n(b) becomes insolvent under administration; or\n\n(c) is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence; or\n\n(d) nominates for election for or is elected to—\n\n(i) the Parliament of Victoria; or\n\n(ii) the Parliament of the Commonwealth or of another State or a Territory of the Commonwealth; or\n\nS. 30(d)(iii) amended by No. 9/2020 s. 390(Sch. 1 item 24).\n\n(iii) a Council, within the meaning of the **Local Government Act 2020**; or\n\n(e) is removed from office under section 31.\n\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Removal from office","content":"\t31 Removal from office\n\nThe Governor in Council, on the recommendation of the Minister, may remove the Commissioner from office on any of the following grounds—\n\n(a) any misconduct of the Commissioner in carrying out the duties of the office;\n\n(b) a conflict of interest of the Commissioner when carrying out the duties of the office;\n\n(c) any neglect of the Commissioner in carrying out the duties of the office;\n\n(d) an inability of the Commissioner to perform the duties of the office;\n\n(e) the Commissioner engaging in paid employment outside the duties of the office without the consent of the Minister.\n\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Validity of decisions","content":"\t32 Validity of decisions\n\nA decision of the Commissioner is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Commissioner.\n\nS. 32A inserted by No. 19/2019 s. 225.\n\n","sortOrder":31},{"sectionNumber":"32A","sectionType":"section","heading":"Staff","content":"\t32A Staff\n\n(1) There may be employed under Part 3 of the **Public Administration Act 2004** any persons who are necessary to assist the Commissioner or the Commission in exercising a power or performing a duty or function under this or any other Act.\n\n(2) The Commissioner may engage a person with suitable qualifications or experience to assist the Commissioner or Commission in the exercise of a power or the performance of a duty or function under this or any other Act.\n\nPart 3—Complaints—Preliminary matters\n\nDivision 1—Making a complaint\n\n\t33 Complaints about disability workers and disability students\n\n(1) A person may make a complaint to the Commission or the Board about a disability worker (whether or not the disability worker is registered) concerning the professional conduct of the disability worker, including and not limited to the following—\n\n(a) the standard of the disability services provided by the disability worker in the course of practising as a disability worker;\n\n(b) the knowledge, skill or judgement possessed by the disability worker;\n\n(c) the disability worker's suitability to hold registration;\n\n(d) the disability worker's capacity to practise in a safe manner;\n\n(e) an alleged contravention of this Act or an approved code of conduct;\n\n(f) matters about which a notification must be made.\n\n(2) A person may make a complaint to the Commission or the Board about a disability student on one or more of the following grounds—\n\n(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;\n\n(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.\n\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"How a complaint is made","content":"\t34 How a complaint is made\n\n(1) A complaint may be made orally or in writing.\n\n(2) A complaint must include particulars of the ground on which it is made.\n\n(3) If a complaint is made verbally, the Commission or the Board, as the case requires, must make a record of the complaint.\n\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Reasonable assistance to be given to complainant","content":"\t35 Reasonable assistance to be given to complainant\n\n(1) The Commission or the Board, if asked by an individual, must give the individual reasonable assistance to make a complaint about a disability worker or disability student.\n\n(2) Without limiting subsection (1), the Commission or the Board may assist an individual to make a complaint if—\n\n(a) the individual is not able to put the individual's complaint in writing without assistance; or\n\n(b) the individual needs assistance to clarify the nature of the individual's complaint.\n\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Protection for persons making a complaint","content":"\t36 Protection for persons making a complaint\n\n(1) A person who makes a complaint is not personally liable for any loss, damage or injury suffered by another person merely because of the making of the complaint.\n\n(2) A person who produces a document or gives any information or evidence to the Board or the Commission in making a complaint is not personally liable for any loss, damage or injury suffered by another person merely because of the production of the document or the giving of the information or evidence.\n\n(3) Nothing in this section derogates from the protection of a person under section 87.\n\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Withdrawal of complaint","content":"\t37 Withdrawal of complaint\n\n(1) A complainant may withdraw a complaint at any time after making it by written notice given to the Commission.\n\n(2) Despite a withdrawal of a complaint, the Commission or the Board may continue to deal with the complaint if the Commission or the Board, as the case requires, is of the opinion that the subject matter of the complaint may pose a serious risk to—\n\n(b) the health, safety or welfare of the public.\n\nDivision 2—Initial consideration of complaints received\n\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Board to refer all complaints received to Commission for initial consideration","content":"\t38 Board to refer all complaints received to Commission for initial consideration\n\nAs soon as practicable after receiving a complaint, the Board must refer the complaint to the Commission for initial consideration under this Division.\n\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"Initial consideration of complaint","content":"\t39 Initial consideration of complaint\n\n(1) The Commission, within 60 days after receipt of a complaint from the complainant or the Board, must decide if the complaint relates to—\n\n(a) a person who is—\n\n(i) a registered disability worker; or\n\n(ii) a disability student; or\n\n(iii) an unregistered disability worker; or\n\n(b) a matter that is otherwise regulated under this Act.\n\n(2) If the Commission decides that the complaint relates to a person who is a registered disability worker or is a disability student, the Commission must refer the complaint to the Board to be dealt with in accordance with Part 4.\n\n(3) If the Commission decides that the complaint relates to conduct of a person who is currently an unregistered disability worker but who was a registered disability worker at the time of the relevant conduct, the Commission may refer the complaint to the Board to be dealt with in accordance with Part 4.\n\n(4) If the Commission decides that the complaint relates to a person who is an unregistered disability worker, the Commission must deal with the complaint in accordance with Part 5, unless the complaint has been referred to the Board under subsection (3).\n\n(5) If the behaviour that is the basis of a complaint occurred, or is reasonably believed to have occurred, outside Victoria, the Commission may refer the complaint to the appropriate entity for the jurisdiction in which it occurred.\n\n(6) The Commission may share any relevant information with an appropriate entity in another jurisdiction under this section.\n\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"Commission may divide or concurrently deal with complaints","content":"\t40 Commission may divide or concurrently deal with complaints\n\n(1) The Commission may divide a complaint at any time—\n\n(a) into 2 or more complaints if the Commission believes it is in the interests of the complainant or the person who received or sought the disability service; or\n\n(b) into a part that may be dealt with under this Act as a complaint by the Board or the Commission and a part that is or may be the subject of—\n\n(i) a notification under Part 7; or\n\n(ii) a notification, complaint, investigation or inquiry under a law of the Commonwealth, another State or a Territory.\n\n(2) The Commission may concurrently deal with 2 or more complaints, whether or not there is more than one complainant, if the Commission reasonably believes that—\n\n(a) the complainant or complainants are not disadvantaged; and\n\n(b) the disability worker's or disability student's rights are not adversely affected; and\n\n(c) the person who received or sought the disability service is not disadvantaged.\n\n","sortOrder":39},{"sectionNumber":"Part 4","sectionType":"part","heading":"The Board and complaints about registered disability workers and disability students","content":"Part 4—The Board and complaints about registered disability workers and disability students\n\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Board to assess complaint","content":"\t41 Board to assess complaint\n\n(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—\n\n(i) taking immediate action in accordance with Division 2 of Part 8;\n\n(ii) counselling the registered disability worker;\n\n(iii) referring the complaint to the Commission for conciliation;\n\n(iv) referring the complaint to an appropriate entity;\n\n(v) settling the complaint by agreement with the registered disability worker or by agreement of the registered disability worker and the complainant;\n\nS. 41(1)(a)(vi) amended by No. 41/2025 s. 3(Sch. 1 item 16.2(a)).\n\n(vi) requiring the registered disability worker to undergo a performance assessment or a health assessment;\n\n(vii) investigating the registered disability worker under Division 3 of Part 8;\n\n(viii) taking any other appropriate action under Division 5 of Part 8;\n\nS. 41(1)(b) amended by No. 41/2025 s. 3(Sch. 1 item 16.2(b)).\n\n(b) whether to take no further action in accordance with section 45; or\n\n(c) whether the disability worker is a registered NDIS provider or a person employed or engaged by a registered NDIS provider.\n\n(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—\n\n(i) taking immediate action in accordance with Part 8;\n\n(ii) counselling the disability student;\n\nS. 41(2)(a)(iii) amended by No. 41/2025 s. 3(Sch. 1 item 16.2(c)).\n\n(iii) requiring the disability student to undergo a health assessment;\n\n(iv) taking any other appropriate action under Division 5 of Part 8; or\n\n(b) whether to take no further action in accordance with section 45.\n\n(3) In the course of assessing the complaint under subsection (1), the Board may request information from the following—\n\n(b) the registered disability worker or the disability student;\n\n(c) any person who received or sought the relevant disability service;\n\n(d) any other person whom the Board reasonably believes has relevant information.\n\n","sortOrder":41},{"sectionNumber":"42","sectionType":"section","heading":"Notice of receipt of complaint to registered disability worker or disability student","content":"\t42 Notice of receipt of complaint to registered disability worker or disability student\n\n(1) As soon as practicable after receiving a complaint about a registered disability worker or a disability student, the Board must give written notice of the receipt of the complaint to the registered disability worker or disability student.\n\n(2) The notice must advise the registered disability worker or disability student of the nature of the complaint.\n\n(3) Despite subsection (1), the Board is not required to give the registered disability worker or disability student notice of the receipt of the complaint if the Board reasonably believes doing so would—\n\n(a) prejudice an investigation of the complaint; or\n\n","sortOrder":42},{"sectionNumber":"43","sectionType":"section","heading":"Board may deal with complaints about same person together","content":"\t43 Board may deal with complaints about same person together\n\nIf the Board receives more than one complaint about a registered disability worker or a disability student, the Board may deal with the complaints together.\n\n","sortOrder":43},{"sectionNumber":"44","sectionType":"section","heading":"Board may settle complaint by agreement","content":"\t44 Board may settle complaint by agreement\n\nThe Board may settle a complaint about a registered disability worker or a disability student with all or any of the following persons—\n\n(b) the registered disability worker or disability student;\n\n(c) the person who received or sought the disability services related to the complaint, if that person is not the complainant.\n\n","sortOrder":44},{"sectionNumber":"45","sectionType":"section","heading":"When Board may decide to take no further action","content":"\t45 When Board may decide to take no further action\n\n(1) The Board may decide to take no further action in relation to a complaint if—\n\n(a) the Board reasonably believes the complaint is frivolous, vexatious, misconceived or lacking in substance; or\n\n(b) given the period of time that has elapsed since the matter which is the subject of the complaint occurred, it is not practicable for the Board to investigate or otherwise deal with the complaint; or\n\n(c) the person to whom the complaint relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the complaint; or\n\n(d) the subject matter of the complaint has already been dealt with adequately by the Board or the Commission; or\n\n(e) the subject matter of the complaint—\n\n(i) is being dealt with, or has been dealt with, by another entity; or\n\n(ii) has been referred by the Board to another entity to be dealt with by that entity; or\n\n(f) the registered disability worker or disability student to whom the complaint relates has taken appropriate steps to remedy the matter which is the subject of the complaint and the Board reasonably believes no further action is required in relation to the complaint; or\n\n(g) the complaint is made more than 12 months after the provision of the disability service that is the subject matter of the complaint; or\n\n(h) the complaint is made more than 12 months after the disability service sought was not provided.\n\n(2) A decision by the Board to decide to take no further action in relation to a complaint does not prevent the Board or an adjudication body taking the complaint into consideration at a later time as part of a pattern of conduct or practice by the registered disability worker or disability student.\n\n(3) If the Board decides to take no further action in relation to a complaint it must give written notice of the decision to the complainant.\n\n(4) A notice under subsection (3) must state—\n\n(a) that the Board has decided to take no further action in relation to the complaint; and\n\n(b) the reason why the Board has decided to take no further action.\n\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Complaints about registered NDIS providers","content":"\t46 Complaints about registered NDIS providers\n\nIf the Board decides that the subject of a complaint is a registered NDIS provider or is employed or engaged by a registered NDIS provider, the Board—\n\n(a) must refer the complaint to the NDIS Quality and Safeguards Commission; and\n\n(b) may deal with the complaint in accordance with this Act; and\n\n(c) may defer dealing with the complaint until after the NDIS Quality and Safeguards Commission has considered the complaint.\n\n","sortOrder":46},{"sectionNumber":"Part 5","sectionType":"part","heading":"The Commission and complaints about unregistered disability workers","content":"Part 5—The Commission and complaints about unregistered disability workers\n\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Commission must assess complaint","content":"\t47 Commission must assess complaint\n\n(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—\n\n(i) counselling the unregistered disability worker;\n\n(ii) referring the complaint for conciliation by the Commission;\n\n(iii) referring the complaint to an appropriate entity;\n\n(iv) settling the complaint by agreement with the unregistered disability worker or by agreement of the unregistered disability worker and the complainant;\n\n(v) investigating the unregistered disability worker under Part 9;\n\n(vi) taking any other appropriate action under Part 9;\n\n(b) whether the unregistered disability worker is a registered NDIS provider or a person employed or engaged by a registered NDIS provider;\n\n(c) whether to take no further action in accordance with section 49.\n\n(2) In the course of assessing the complaint under subsection (1), the Commission may request information from the following—\n\n(b) the unregistered disability worker;\n\n(c) any person who received or sought the relevant disability service;\n\n(d) any other person who the Commission reasonably believes has relevant information.\n\n(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.\n\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Notice of receipt of complaint to unregistered disability worker","content":"\t48 Notice of receipt of complaint to unregistered disability worker\n\n(1) As soon as practicable after receiving a complaint about an unregistered disability worker, the Commission must give written notice of the receipt of the complaint to the unregistered disability worker.\n\n(2) The notice must advise the unregistered disability worker of the nature of the complaint.\n\n(3) Despite subsection (1), the Commission is not required to give the unregistered disability worker notice of the receipt of the complaint if the Commission reasonably believes doing so would—\n\n(a) prejudice an investigation of the complaint; or\n\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"When Commission may decide to take no further action","content":"\t49 When Commission may decide to take no further action\n\nThe Commission may take no further action in relation to a complaint made to the Commission about an unregistered disability worker if—\n\n(a) the Commission is satisfied that the complaint is frivolous or vexatious or was not made in good faith; or\n\n(b) the subject matter of the complaint is trivial, misconceived or lacking in substance and the Commission reasonably believes that it does not require complaint resolution, conciliation or investigation; or\n\n(c) the complainant does not comply with a request for more information under section 47(2); or\n\n(d) the subject matter of the complaint comes within the jurisdiction of an adjudication body or other entity; or\n\n(e) the Commission is satisfied that there is no reasonable prospect of resolving the complaint by attempting to settle the complaint and the Commission does not believe that the complaint should be investigated under this Act; or\n\n(f) the complaint or part of the complaint concerns a matter that falls within the responsibility of an entity established under an Act of the Commonwealth; or\n\n(g) there is, or was, in relation to the complaint, a satisfactory alternative means of dealing with the matter by the complainant and the complainant does not have sufficient reason for not pursuing that alternative means; or\n\n(h) the complaint has been withdrawn under section 37.\n\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Commission may settle complaint by agreement","content":"\t50 Commission may settle complaint by agreement\n\nThe Commission may settle a complaint about an unregistered disability worker with all or any of the following persons—\n\n(b) the unregistered disability worker;\n\n(c) the person who received or sought the disability service related to the complaint, if that person is not the complainant.\n\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Decision to reopen complaint","content":"\t51 Decision to reopen complaint\n\n(1) The Commission may decide to deal with a complaint in relation to which the Commission had decided to take no further action if—\n\n(a) the Commission becomes aware of new information in respect of that complaint; or\n\n(b) the Commission reasonably believes that further action should be taken in relation to that complaint.\n\n(2) If the Commission acts under this section, the Commission must inform the complainant, the disability worker and the person who received or sought the disability service of the action taken as soon as practicable after taking it.\n\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Complaints about registered NDIS providers","content":"\t52 Complaints about registered NDIS providers\n\nIf the Commission decides that the subject of a complaint is a registered NDIS provider or is employed or engaged by a registered NDIS provider, the Commission—\n\n(a) must refer the complaint to the NDIS Quality and Safeguards Commission; and\n\n(b) may deal with the complaint in accordance with this Act; and\n\n(c) may defer dealing with the complaint until after the NDIS Quality and Safeguards Commission has considered the complaint.\n\n","sortOrder":53},{"sectionNumber":"Part 6","sectionType":"part","heading":"Conciliation","content":"Part 6—Conciliation\n\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Proposed conciliation of the whole or a part of a complaint","content":"\t53 Proposed conciliation of the whole or a part of a complaint\n\n(1) If the Commission reasonably believes that the whole or a part of the complaint may be conciliated or the Board refers the matter to conciliation, the Commission may seek the agreement of the parties to participate in a conciliation.\n\n(2) The Commission must give written notice of a decision under subsection (1) to seek agreement to participate in a conciliation to the parties as soon as practicable after making the decision.\n\n(3) The notice must specify the following matters—\n\n(a) the date on which the conciliation is proposed to commence;\n\n(b) the whole or part of the complaint to be the subject of the conciliation;\n\n(c) the Commission's role in the conduct of a conciliation;\n\n(d) the obligations of the parties to a conciliation under section 55;\n\n(e) the offence under section 55.\n\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Conciliation","content":"\t54 Conciliation\n\nThe Commission, as the case requires, must not commence a conciliation of a complaint unless—\n\n(a) the parties have agreed to participate in the conciliation; and\n\n(b) written notice of the conciliation is given to a party under section 53 before the parties agree to participate in the conciliation.\n\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Confidentiality of information given or agreement reached in conciliation process","content":"\t55 Confidentiality of information given or agreement reached in conciliation process\n\n(1) Subject to subsection (2), a party must not disclose anything said or done in a conciliation or any agreement reached in a conciliation outside the conciliation process.\n\nPenalty: 20 penalty units.\n\n(2) A party may disclose anything said or done in a conciliation outside the conciliation process with the consent of the person to whom the information relates.\n\n(3) Evidence of anything said or done in a conciliation is not admissible in a hearing or proceeding in a court or a tribunal.\n\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Completion of conciliation","content":"\t56 Completion of conciliation\n\nAs soon as practicable after the completion of a conciliation, the Commission must provide written notice to the parties that specifies—\n\n(a) the date on which the conciliation ceased; and\n\n(b) the outcome of the conciliation.\n\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Duty of confidentiality—conciliation","content":"\t57 Duty of confidentiality—conciliation\n\n(1) The following persons must not disclose information obtained during the course of a conciliation conducted under this Part except in a circumstance specified in subsection (2)—\n\n(a) the Commission;\n\n(b) the Commissioner;\n\n(c) a member of the Board;\n\nS. 57(1)(d) substituted by No. 17/2020 s. 5(1).\n\n(d) a person referred to in section 32A.\n\nPenalty: 60 penalty units.\n\n(2) A person referred to in subsection (1) may disclose information in one or more of the following circumstances—\n\n(a) the person believes on reasonable grounds that the disclosure is necessary to avoid a serious risk to—\n\n(i) the life, health, safety or welfare of a person; or\n\n(ii) the health, safety or welfare of the public;\n\n(b) the disclosure is made with the written agreement of the person to whom the information relates;\n\nS. 57(2)(c) substituted by No. 17/2020 s. 5(2).\n\n(c) the disclosure is made by a person referred to in section 32A to another such person;\n\nS. 57(2)(d) substituted by No. 17/2020 s. 5(2).\n\n(d) the disclosure is made by the Commissioner to a person referred to in section 32A;\n\n(e) the disclosure is made in the course of the Commission advising the Board in relation to the outcome of a conciliation;\n\n(f) the disclosure is otherwise authorised by the Minister on the grounds that the disclosure is in the public interest.\n\nPart 7—Notifications\n\nDivision 1—Definition\n\n\t58 Definition\n\n***notifiable conduct***, in relation to a disability worker (whether registered or unregistered), means the disability worker—\n\n(a) practised as a disability worker while intoxicated by alcohol or drugs; or\n\n(b) engaged in sexual misconduct while practising as a disability worker; or\n\n(c) placed, or may place, the public at risk of harm because the disability worker has an impairment that detrimentally affects, or is likely detrimentally to affect, the disability worker's capacity to practise as a disability worker; or\n\n(d) placed, or is placing, the public at risk of harm because the disability worker practised, or is practising, as a disability worker in a manner that constitutes a significant departure from accepted professional standards.\n\nDivision 2—Obligation to make notification\n\n","sortOrder":59},{"sectionNumber":"59","sectionType":"section","heading":"Notification by disability worker about another disability worker or a disability student","content":"\t59 Notification by disability worker about another disability worker or a disability student\n\n(1) Subject to subsection (4), a disability worker who, in the course of practising as a disability worker, forms a reasonable belief that another disability worker has behaved in a way that constitutes notifiable conduct must notify the Commission of the notifiable conduct as soon as practicable after forming the reasonable belief.\n\nSee section 62 which provides protection from civil and administrative liability for persons who, in good faith, make a notification under this Act.\n\n(2) Subject to subsection (4), a disability worker who, in the course of providing disability services, forms a reasonable belief that a disability student may place the public at risk of harm because the disability student has an impairment that detrimentally affects, or is likely detrimentally to affect, the disability student's capacity to undertake supervised practice must notify the Commission of the impairment as soon as practicable after forming the reasonable belief.\n\nSee section 62 which provides protection from civil and administrative liability for persons who, in good faith, make a notification under this Act.\n\n(3) A contravention of subsection (1) or (2) by a disability worker may constitute behaviour for which health, conduct or performance action may be taken under this Act.\n\n(4) A disability worker is not required to notify the Commission of the disability worker's reasonable belief under subsection (1) or (2) if—\n\n(a) the disability worker—\n\n(i) is employed or otherwise engaged by an insurer that provides professional indemnity insurance in relation to the disability worker or disability student who is a subject of the notification; and\n\n(ii) forms the reasonable belief as a result of a disclosure made by a person to the disability worker in the course of a legal proceeding or providing legal advice arising from the insurance policy; or\n\n(b) the disability worker knows, or reasonably believes, that the Commission has been notified of the notifiable conduct or impairment that forms the basis of the reasonable belief.\n\n","sortOrder":60},{"sectionNumber":"60","sectionType":"section","heading":"Notifications by employers","content":"\t60 Notifications by employers\n\nS. 60(1) amended by No. 58/2025 s. 20.\n\n(1) Subject to subsection (2), if an employer of a disability worker reasonably believes that the disability worker has behaved in a way that constitutes notifiable conduct, the employer must notify the Commission of the notifiable conduct as soon as practicable.\n\nSee section 62 which provides protection from civil and administrative liability for persons who, in good faith, make a notification under this Act.\n\n(2) Subsection (1) does not apply to an employer of a disability worker if the employer receives disability services from the relevant disability worker in the course of the disability worker's employment.\n\n***employer***, of a disability worker, means a person that employs the disability worker under a contract of employment or a contract for services.\n\n","sortOrder":61},{"sectionNumber":"61","sectionType":"section","heading":"Notifications by education providers","content":"\t61 Notifications by education providers\n\nS. 61(1) amended by No. 58/2025 s. 21.\n\n(1) An education provider must notify the Commission as soon as practicable if the provider reasonably believes that a disability student enrolled in a program of study provided by the education provider has an impairment that detrimentally affects the capacity of the disability student to undertake supervised practice in a safe manner and which poses a serious risk to—\n\n(b) the health, safety or welfare of the public; or\n\nSee section 62 which provides protection from civil and administrative liability for persons who make a notification under this Act.\n\n(2) If an education provider fails to comply with subsection (1), the Board—\n\n(a) may publish details of the failure on the Commission's Internet site; and\n\n(b) may include a statement about the failure in its annual report.\n\n(3) If the Commission proposes taking action under subsection (2), the Commission must—\n\n(b) invite the education provider to make a submission to the Commission, within 30 days after receipt of the notice.\n\n(4) A notice given to an education provider under subsection (3), and any submission made by the education provider in accordance with the notice, may be written or verbal.\n\n(5) The Commission must have regard to any submission made by the education provider in accordance with this section in deciding whether to take the proposed action under subsection (2).\n\n","sortOrder":62},{"sectionNumber":"62","sectionType":"section","heading":"Protection for persons making a notification","content":"\t62 Protection for persons making a notification\n\n(1) A person who makes a notification is not personally liable for any loss, damage or injury suffered by another person merely because of the making of the notification.\n\n(2) A person who produces a document or gives any information or evidence to the Board or the Commission in making a notification is not personally liable for any loss, damage or injury suffered by another person merely because of the production of the document or the giving of the information or evidence.\n\n(3) Nothing in this section derogates from the protection of a person under section 285.\n\n","sortOrder":63},{"sectionNumber":"Div 3","sectionType":"division","heading":"How to make a notification","content":"Division 3—How to make a notification\n\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"How a notification is made","content":"\t63 How a notification is made\n\n(1) A notification to the Commission may be made orally or in writing.\n\n(2) A notification must include particulars of the ground on which it is made.\n\n(3) If a notification is made verbally, the Commission must make a record of the notification.\n\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Reasonable assistance to be given to notifier","content":"\t64 Reasonable assistance to be given to notifier\n\n(1) The Commission, if asked by an individual, must give the individual reasonable assistance to make a notification about a disability worker or disability student.\n\n(2) Without limiting subsection (1), the Commission may assist an individual to make a notification if—\n\n(a) the individual is not able to put the individual's notification in writing without assistance; or\n\n(b) the individual needs assistance to clarify the nature of the individual's notification.\n\n","sortOrder":66},{"sectionNumber":"Div 4","sectionType":"division","heading":"Initial consideration of notifications","content":"Division 4—Initial consideration of notifications\n\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Board to refer all notifications received to Commission for initial consideration","content":"\t65 Board to refer all notifications received to Commission for initial consideration\n\nAs soon as practicable after receiving a notification, the Board must refer the notification to the Commission for initial consideration under this Division.\n\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Initial consideration of notification","content":"\t66 Initial consideration of notification\n\n(1) The Commission, within 60 days after receiving a notification from the notifier or the Board, must decide if the notification relates to—\n\n(a) a registered disability worker; or\n\n(b) a disability student; or\n\n(c) an unregistered disability worker.\n\n(2) If the Commission decides that the notification relates to a registered disability worker or a disability student, the Commission must refer the notification to the Board.\n\n(3) If the Commission decides that the notification relates to conduct of a person who is currently an unregistered disability worker but who was a registered disability worker at the time of the relevant conduct, the Commission may refer the notification to the Board.\n\n(4) If the Commission decides that the notification relates to a person who is an unregistered disability worker, the Commission must deal with the notification, unless the notification has been referred to the Board under subsection (3).\n\n(5) The Commission may share any relevant information with an appropriate entity in another jurisdiction under this section.\n\n","sortOrder":69},{"sectionNumber":"Div 5","sectionType":"division","heading":"Assessment of notification and other matters","content":"Division 5—Assessment of notification and other matters\n\n","sortOrder":70},{"sectionNumber":"67","sectionType":"section","heading":"Assessment of notification","content":"\t67 Assessment of notification\n\nWithin 60 days after the Commission initially considers a notification under section 66, the Commission or Board, as the case requires, must assess the notification and decide the following—\n\n(a) whether to deal further with the notification by doing one or more of the following—\n\n(i) counselling the disability worker or disability student;\n\n(ii) referring the notification to an appropriate entity;\n\n(iii) requiring the disability worker, if registered, to undergo a performance assessment or a health assessment;\n\n(iv) requiring the disability student to undergo a health assessment;\n\nS. 67(a)(iv) renumbered as s. 67(a)(v) by No. 17/2020 s. 13(1)(a).\n\n(v) investigating the disability worker under Part 8 or 9, as the case requires;\n\nS. 67(a)(v) renumbered as s. 67(a)(vi) by No. 17/2020 s. 13(1)(b).\n\n(vi) taking any other appropriate action under Part 8 or 9, as the case requires;\n\n(b) whether the disability worker is a registered NDIS provider or a person employed or engaged by a registered NDIS provider;\n\n(c) whether to take no further action in accordance with section 69.\n\n","sortOrder":71},{"sectionNumber":"68","sectionType":"section","heading":"Notice of assessment of notification","content":"\t68 Notice of assessment of notification\n\n(1) As soon as practicable after assessing a notification, the Commission or Board, as the case requires, must give written notice of any decision made under section 67 to the disability worker or disability student.\n\n(2) The notice must advise the disability worker or disability student of the nature of the notification and of the decision made under section 67.\n\n(3) Despite subsection (1), the Commission or Board is not required to give the disability worker or disability student notice of the assessment if the Commission or Board, as the case requires, reasonably believes doing so would—\n\n(a) prejudice any investigation of the notification; or\n\n","sortOrder":72},{"sectionNumber":"69","sectionType":"section","heading":"When no further action may be taken","content":"\t69 When no further action may be taken\n\nThe Commission or Board, as the case requires, may take no further action in relation to a notification if—\n\n(a) the Commission or Board is satisfied that the notification is frivolous or vexatious or was not made in good faith; or\n\n(b) the subject matter of the notification is trivial, misconceived or lacking in substance and the Commission or Board reasonably believes that it does not require investigation; or\n\n(c) the subject matter of the notification comes within the jurisdiction of an adjudication body or other entity; or\n\n(d) the subject matter of the notification has already been dealt with adequately by the Board or the Commission; or\n\n(e) the subject matter of the notification—\n\n(i) is being dealt with, or has been dealt with, by another entity; or\n\n(ii) has been referred by the Board or the Commission to another entity to be dealt with by that entity; or\n\n(f) the disability worker or disability student to whom the notification relates has taken appropriate steps to remedy the matter which is the subject of the notification and the Board or Commission reasonably believes no further action is required in relation to the notification; or\n\n(g) the notification is made more than 12 months after the provision of the disability service that is the subject matter of the notification; or\n\n(h) the notification is made more than 12 months after the disability service sought was not provided.\n\n","sortOrder":73},{"sectionNumber":"70","sectionType":"section","heading":"Notifications about registered NDIS providers","content":"\t70 Notifications about registered NDIS providers\n\nIf the Commission or Board decides that the subject of a notification is a registered NDIS provider or is employed or engaged by a registered NDIS provider, the Commission or Board, as the case requires—\n\n(a) must refer the notification to the NDIS Quality and Safeguards Commission; and\n\n(b) may deal with the notification in accordance with this Act; and\n\n(c) may defer dealing with the notification until after the NDIS Quality and Safeguards Commission has considered the notification.\n\n","sortOrder":74},{"sectionNumber":"71","sectionType":"section","heading":"Notifications about same person may be dealt with together","content":"\t71 Notifications about same person may be dealt with together\n\nIf the Board or the Commission receives more than one notification about a registered disability worker or a disability student, the Board or the Commission, as the case requires, may deal with the notifications together.\n\nPart 8—Regulation of registered disability workers and disability students\n\nDivision 1—Application\n\n\t72 Part also applicable to person formerly registered under this Act\n\n(1) This Part applies to—\n\n(a) a registered disability worker; and\n\n(b) a person who was, but is no longer, registered under this Act if the relevant behaviour which is the subject of the complaint, notification or other action referred to in this Part occurred while the person was registered under this Act.\n\n(2) A reference in this Part to a registered disability worker is taken to refer to—\n\n(a) a ***registered disability worker*** as defined in section 3; and\n\n(b) a person to whom this Part applies by virtue of subsection (1).\n\nDivision 2—Immediate action taken by Board in relation to registered disability workers and disability students\n\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Definition of *immediate action*","content":"\t73 Definition of *immediate action*\n\n***immediate action***, in relation to a registered disability worker or a disability student, means any of the following—\n\n(a) suspending, or imposing a condition on, the registered disability worker's or disability student's registration;\n\n(b) accepting an undertaking from the registered disability worker or disability student;\n\n(c) accepting the surrender of the registered disability worker's or disability student's registration;\n\n(d) in the case of a registered disability worker or a disability student whose registration is suspended or cancelled, prohibiting the registered disability worker or disability student from providing a specified disability service or all disability services.\n\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Power to take immediate action","content":"\t74 Power to take immediate action\n\nSubject to section 75, the Board may take immediate action in relation to a registered disability worker or disability student if—\n\n(a) in the case of a registered disability worker the Board reasonably believes that—\n\n(i) the registered disability worker poses a serious risk to persons because of the disability worker's conduct, performance or health; and\n\n(ii) it is necessary to take immediate action to protect public health or safety; or\n\n(b) in the case of a disability student, the Board reasonably believes that—\n\n(i) the disability student poses a serious risk to persons because—\n\n(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\n\n(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\n\n(ii) it is necessary to take immediate action to protect public health or safety; or\n\n(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\n\n(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\n\n(e) the Board reasonably believes the action is otherwise in the public interest.\n\nA 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.\n\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Show cause process","content":"\t75 Show cause process\n\n(1) If the Board proposes taking immediate action under section 74, the Board must—\n\n(a) give the registered disability worker or disability student notice of the proposed immediate action; and\n\n(b) invite the registered disability worker or disability student to make a submission to the Board, within the time stated in the notice, about the proposed immediate action.\n\n(2) A notice given to a registered disability worker or disability student under subsection (1), and any submission made by the registered disability worker or disability student in accordance with the notice, may be written or verbal.\n\n(3) The Board must have regard to any submission made by the registered disability worker or disability student in accordance with this section in deciding whether to take immediate action.\n\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Notice to be given to registered disability worker or disability student","content":"\t76 Notice to be given to registered disability worker or disability student\n\n(1) Within 30 days after deciding to take immediate action in relation to a registered disability worker or disability student, the Board—\n\n(a) must give written notice of the Board's decision to, as the case requires—\n\n(i) the registered disability worker and the registered disability worker's employer, if any; and\n\n(ii) the disability student and the education provider at which the disability student is undertaking an approved program of study; and\n\n(iii) the complainant or notifier, if a complaint or notification about the registered disability worker or disability student resulted in the decision of the Board; and\n\n(b) must take any further action under this Part that the Board considers appropriate, including one or more of the following—\n\n(i) investigating the registered disability worker or disability student;\n\n(ii) requiring the registered disability worker to undergo a health assessment or performance assessment;\n\n(iii) requiring the disability student to undergo a health assessment.\n\n(2) The notice of decision must state—\n\n(a) the type of immediate action the Board has decided to take; and\n\n(b) the reasons for the decision to take the immediate action; and\n\n(c) any further action the Board proposes to take under this Part in relation to the registered disability worker or disability student; and\n\n(d) that the registered disability worker or disability student may seek a review of the decision to take the immediate action if the action is to suspend, or impose a condition on, the registered disability worker's or disability student's registration; and\n\n(e) how an application for review may be made and the period within which the application must be made.\n\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Period of immediate action","content":"\t77 Period of immediate action\n\n(1) The decision by the Board to take immediate action in relation to a registered disability worker or disability student takes effect on—\n\n(a) the day on which the notice referred to in section 76 is given to the registered disability worker or disability student; or\n\n(b) a later day stated in that notice.\n\n(2) The decision continues to have effect until the earlier of the following occurs—\n\n(a) the decision is varied or set aside on appeal or a new decision is substituted on review;\n\n(b) in the case of the suspension of, or imposition of a condition on, the registered disability worker's or disability student's registration, the suspension is revoked, or the condition is removed, by the Board;\n\n(c) in the case of an undertaking, the Board and the registered disability worker or disability student agree to end the undertaking.\n\nDivision 3—Investigations in relation to registered disability workers and students\n\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"When may investigation be conducted?","content":"\t78 When may investigation be conducted?\n\n(1) The Board may investigate a registered disability worker or disability student if the Board decides that the investigation is necessary or appropriate—\n\n(a) because the Board has received a complaint or notification about the registered disability worker or disability student; or\n\n(b) because the Board, for any other reason, believes that—\n\n(i) the registered disability worker or disability student has, or may have, an impairment that detrimentally affects the registered disability worker's capacity to provide disability services in a safe manner or the disability student's capacity to undertake supervised practice in a safe manner and which poses a serious risk to—\n\n(A) the life, health, safety or welfare of a person; or\n\n(B) the health, safety or welfare of the public; or\n\n(ii) in the case of a registered disability worker—\n\n(A) the manner in which the registered disability worker provides disability services is, or may be, unprofessional; or\n\n(B) the registered disability worker's conduct is, or may be, unprofessional; or\n\n(c) to ensure the registered disability worker or disability student is complying with—\n\n(i) a condition imposed on the disability worker's or disability student's registration; or\n\n(ii) an undertaking given by the registered disability worker or disability student to the Board.\n\n(2) If the Board decides to investigate a registered disability worker or disability student, the Board must direct an appropriate investigator to conduct the investigation.\n\n(3) The Board must ensure that an investigator directed to conduct an investigation does so as quickly as practicable, having regard to the nature of the matter to be investigated.\n\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Registered disability worker or disability student to be given notice of investigation","content":"\t79 Registered disability worker or disability student to be given notice of investigation\n\n(1) Subject to subsection (3), as soon as practicable after deciding to investigate a registered disability worker or disability student, the Board must give the registered disability worker or disability student written notice about the investigation which sets out the nature of the matter to be investigated.\n\n(2) The Board, at not less than 3-monthly intervals, must give written notice of the progress of the investigation to—\n\n(a) the registered disability worker or disability student, subject to subsection (3); and\n\n(b) if the investigation relates to a complaint or a notification made about the registered disability worker or disability student, the complainant or notifier, as the case requires.\n\n(3) The Board is not required to give the registered disability worker or disability student a notice under subsection (1) or (2)(a) if the Board reasonably believes that giving the notice may—\n\n(a) seriously prejudice the investigation; or\n\n(b) place at risk a person's health or safety; or\n\n(c) place a person at risk of harassment or intimidation.\n\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Appointment of investigators","content":"\t80 Appointment of investigators\n\nS. 80(1) substituted by No. 17/2020 s. 6.\n\n(1) The Board may appoint a person referred to in section 32A as an investigator for the purposes of this Part.\n\n(2) The Board must not appoint a person to be an investigator unless the Board is satisfied that the person is suitably qualified or trained to be an investigator for the purposes of this Part.\n\n(3) An appointment of a person as an investigator must specify the functions, duties and powers under this Part and Part 14 in respect of which the person is appointed as an investigator.\n\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Identity card for investigators","content":"\t81 Identity card for investigators\n\n(1) The Board must give an identity card to a person appointed as an investigator.\n\n(2) The identity card must—\n\n(a) contain a recent photograph of the investigator; and\n\n(b) be signed by the investigator; and\n\n(c) identify the person as an investigator appointed by the Board.\n\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Display of identity card by investigators","content":"\t82 Display of identity card by investigators\n\n(1) An investigator may exercise a power in relation to a person if the investigator—\n\n(a) before exercising the power, produces the investigator's identity card for the person's inspection; or\n\n(b) has the identity card displayed so it is clearly visible to the person.\n\n(2) If it is not practicable to comply with subsection (1) before exercising the power, the investigator must produce the identity card for the person's inspection at the first reasonable opportunity.\n\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Investigator functions, powers and duties","content":"\t83 Investigator functions, powers and duties\n\n(1) In addition to the functions, powers and duties that are set out in this Division and are specified in the investigator's appointment, an investigator—\n\n(a) has the powers of authorised officers that are set out in Division 2 of Part 14 and are specified in the investigator's appointment; and\n\n(b) must comply with those provisions in Division 2 of Part 14 that set out requirements with which authorised officers must comply and that are specified in the investigator's  \nappointment.\n\n(2) For the purposes of subsection (1), a reference to an authorised officer in Division 2 of Part 14 is taken to be a reference to an investigator.\n\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"Investigator may require information or attendance or apply to Magistrates' Court for order","content":"\t84 Investigator may require information or attendance or apply to Magistrates' Court for order\n\n(1) An investigator who is directed to conduct an investigation under section 78 may require a registered disability worker, by written notice given to the registered disability worker, to do either or both of the following—\n\n(a) to give stated information to the investigator within a stated reasonable time and in a stated reasonable way;\n\n(b) to attend before the investigator at a stated reasonable time and place and to answer questions or to produce a stated thing.\n\n(2) Subject to subsection (3), an investigator may apply to the Magistrates' Court for an order requiring a person (other than a registered disability worker), at a time and place specified by the investigator, to do one or more of the following—\n\n(a) to answer orally or in writing any questions put by the investigator in relation to the investigation;\n\n(b) to supply orally or in writing information required by the investigator in relation to the investigation;\n\n(c) to produce to the investigator specified documents or documents of a specified class relating to the investigation.\n\n(3) An application under subsection (2) may only be made if the investigator believes on reasonable grounds that it is necessary for the person to comply with the order to enable the investigator to obtain evidence about a matter that is the subject of the investigation.\n\n(4) The Magistrates' Court may make the order if the Magistrates' Court is satisfied that there are reasonable grounds to believe that the person may be able to provide evidence about a matter that is the subject of an investigation.\n\n(5) An order must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect.\n\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Investigator may ask for health or performance assessment","content":"\t85 Investigator may ask for health or performance assessment\n\nDuring the course of carrying out an investigation, an investigator may ask—\n\n(a) a registered disability worker to undergo a health assessment or performance assessment; or\n\n(b) a disability student to undergo a health assessment.\n\n","sortOrder":88},{"sectionNumber":"86","sectionType":"section","heading":"Investigator to report regularly to Board during course of investigation","content":"\t86 Investigator to report regularly to Board during course of investigation\n\nIf a matter has been referred to an investigator to investigate, the investigator must give the Board any information that the Board reasonably requires to enable the Board to comply with section 79(2).\n\n","sortOrder":89},{"sectionNumber":"87","sectionType":"section","heading":"Protection of persons giving evidence to investigator","content":"\t87 Protection of persons giving evidence to investigator\n\nA person who gives information or evidence, or produces a document or thing, to an investigator under this Act has the same protection and immunity as a witness has in a proceeding in the Supreme Court.\n\n","sortOrder":90},{"sectionNumber":"88","sectionType":"section","heading":"Investigator's final report about investigation","content":"\t88 Investigator's final report about investigation\n\n(1) As soon as practicable after completing an investigation under this Division, an investigator must give a written report about the investigation to the Board.\n\n(2) The report must include—\n\n(a) the investigator's findings about the investigation; and\n\n(b) the investigator's recommendations about any action to be taken in relation to the registered disability worker or disability student who is the subject of the investigation.\n\n","sortOrder":91},{"sectionNumber":"89","sectionType":"section","heading":"Decision by Board","content":"\t89 Decision by Board\n\n(1) After considering the investigator's report, the Board must decide—\n\n(a) to take no further action in relation to the matter; or\n\n(b) to do either or both of the following—\n\n(i) to take the action that the Board considers necessary or appropriate under this Act;\n\n(ii) to refer the matter to any appropriate entity for investigation or other action.\n\n(2) The Board, within 30 days after making a decision under subsection (1), must give written notice of the decision to—\n\n(b) if a notification or a complaint about the registered disability worker or disability student resulted in the decision of the Board, the notifier or complainant, as the case requires; and\n\n(c) in the case of a registered disability worker, the employer, if any, of the registered disability worker; and\n\n(d) in the case of a disability student, the education provider at which the disability student is undertaking an approved program of study.\n\nDivision 4—Health assessments and performance assessments of registered disability workers and health assessments of disability students\n\n","sortOrder":92},{"sectionNumber":"90","sectionType":"section","heading":"Definitions","content":"\t90 Definitions\n\n***assessment*** means—\n\n(a) a health assessment; or\n\n(b) a performance assessment;\n\n***assessor*** means a person appointed under section 93.\n\n","sortOrder":93},{"sectionNumber":"91","sectionType":"section","heading":"Requirement for health assessment","content":"\t91 Requirement for health assessment\n\nThe Board may require a registered disability worker or disability student to undergo a health assessment if the Board reasonably believes, because of a complaint or notification or for any other reason, that the registered disability worker or disability student has, or may have, an impairment which detrimentally affects, as the case requires—\n\n(a) the registered disability worker's capacity to provide disability services in a safe manner; or\n\n(b) the disability student's to capacity to undertake supervised practice in a safe manner.\n\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Requirement for performance assessment","content":"\t92 Requirement for performance assessment\n\nThe Board may require a registered disability worker to undergo a performance assessment if the Board reasonably believes, because of a complaint or notification or for any other reason, that the manner in which the registered disability worker practises as a disability worker is, or may be, unsatisfactory.\n\n","sortOrder":95},{"sectionNumber":"93","sectionType":"section","heading":"Appointment of assessor to carry out assessment","content":"\t93 Appointment of assessor to carry out assessment\n\n(1) The Board must appoint an assessor to carry out an assessment if—\n\n(a) the Board requires—\n\n(i) a registered disability worker to undergo a health assessment or performance assessment; or\n\n(ii) a disability student to undergo a health assessment; or\n\n(b) an investigator asks—\n\n(i) a registered disability worker to undergo a health assessment or performance assessment; or\n\n(ii) a disability student to undergo a health assessment.\n\n(2) The assessor must be a person other than a member of the Board who is—\n\n(a) in the case of a health assessment, a registered medical practitioner or a psychologist; or\n\n(b) in the case of a performance assessment, a registered disability worker.\n\n(3) The assessor may ask a registered health practitioner, another registered disability worker or a person with recognised expertise in the relevant area to assist the assessor in carrying out the assessment of the registered disability worker or disability student.\n\n(4) The assessor's fee for carrying out the assessment is to be paid out of the Board's budget.\n\n","sortOrder":96},{"sectionNumber":"94","sectionType":"section","heading":"Notice to be given to registered disability worker or disability student about assessment","content":"\t94 Notice to be given to registered disability worker or disability student about assessment\n\n(1) A requirement by the Board for a registered disability worker or a disability student to undergo an assessment must be made by written notice given to the registered disability worker or disability student.\n\n(2) The written notice must state—\n\n(a) that the registered disability worker is required to undergo a health assessment or performance assessment or that the disability student is required to undergo a health assessment; and\n\n(b) the nature of the assessment to be carried out; and\n\n(c) the name and qualifications of the assessor who is to carry out the assessment; and\n\n(d) that if the registered disability worker or disability student does not undergo the assessment, the Board may continue to take proceedings in relation to the registered disability worker or disability student under this Act.\n\n","sortOrder":97},{"sectionNumber":"95","sectionType":"section","heading":"Assessor may require information or attendance","content":"\t95 Assessor may require information or attendance\n\nFor the purposes of conducting an assessment of a registered disability worker or disability student, an assessor, by written notice given to the registered disability worker or disability student, may require the disability worker or disability student—\n\n(a) to give stated information to the assessor within a stated reasonable time and in a stated reasonable way; or\n\n(b) to attend before the assessor at a stated time and a stated place to undergo the assessment.\n\n","sortOrder":98},{"sectionNumber":"96","sectionType":"section","heading":"Inspection of documents","content":"\t96 Inspection of documents\n\n(1) An assessor to whom a document is produced may do one or more of the following—\n\n(a) inspect the document;\n\n(b) make a copy of, or take an extract from, the document;\n\n(c) keep the document while it is necessary for the assessment.\n\n(2) If the assessor keeps the document, the assessor must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and place decided by the assessor.\n\n","sortOrder":99},{"sectionNumber":"97","sectionType":"section","heading":"Report from assessor","content":"\t97 Report from assessor\n\nAs soon as practicable after carrying out an assessment, the assessor must give the Board a report about the assessment.\n\n","sortOrder":100},{"sectionNumber":"98","sectionType":"section","heading":"Copy of report to be given to registered disability worker or disability student","content":"\t98 Copy of report to be given to registered disability worker or disability student\n\n(1) As soon as practicable after receiving the assessor's report, the Board must give a copy of the report to—\n\n(a) the registered disability worker or disability student to whom it relates; or\n\n(b) if the report contains information that the Board considers, if disclosed to the registered disability worker or disability student, may be prejudicial to the registered disability worker's or disability student's physical or mental health or wellbeing, a registered medical practitioner or psychologist nominated by the registered disability worker or disability student.\n\n(2) A medical practitioner or psychologist to whom a copy of a report about a registered disability worker or disability student is given under subsection (1)(b) must give a copy of the report to the registered disability worker or disability student as soon as it will no longer be prejudicial to the registered disability worker's or disability student's health or wellbeing.\n\n(3) After the registered disability worker or disability student receives a copy of the report under subsection (1)(a) or (2), a person nominated by the Board—\n\n(a) must discuss the report with the registered disability worker or disability student; and\n\n(b) in the case of a registered disability worker, if the report makes an adverse finding about the registered disability worker's provision of disability services or states that the assessor finds the registered disability worker has an impairment which detrimentally affects the registered disability worker's capacity to practise in a safe manner, discuss with the registered disability worker ways of dealing with the finding, including whether the registered disability worker is prepared to alter the manner in which the registered disability worker practises as a disability worker.\n\n","sortOrder":101},{"sectionNumber":"99","sectionType":"section","heading":"Decision by Board","content":"\t99 Decision by Board\n\n(1) After considering the assessor's report and any discussions held with the registered disability worker or disability student under section 98(3), the Board may decide—\n\n(a) to take the action that the Board considers necessary or appropriate under this Act; or\n\n(b) to refer the matter to any appropriate entity for investigation or other action; or\n\n(c) to take no further action in relation to the matter.\n\n(2) The Board, within 30 days after making a decision under subsection (1), must give written notice of the decision to—\n\n(b) if a notification or a complaint about the registered disability worker or disability student resulted in the decision of the Board, the notifier or complainant, as the case requires; and\n\n(c) in the case of a registered disability worker, the employer, if any, of the registered disability worker; and\n\n(d) in the case of a disability student, the education provider at which the disability student is undertaking an approved program of study.\n\nDivision 5—Action by Board in relation to registered disability workers and disability students\n\n","sortOrder":102},{"sectionNumber":"100","sectionType":"section","heading":"Board may take action","content":"\t100 Board may take action\n\n(1) This section applies if, following the Board's initial consideration of a complaint or notification or following the Board's consideration of an investigator's or assessor's report or for any other reason—\n\n(a) the Board reasonably believes that—\n\n(i) the manner in which a registered disability worker practises as a disability worker, or the registered disability worker's conduct in the course of practising as a disability worker, is or may be unsatisfactory; or\n\nS. 100(1)(a)(ii) amended by No. 17/2020 s. 13(2).\n\n(ii) the registered disability worker or disability student has, or may have, an impairment that detrimentally affects the registered disability worker's capacity to provide disability services in a safe manner or the disability student's capacity to undertake supervised practice in a safe manner and which poses a serious risk to—\n\n(A) the life, health, safety or welfare of a person; or\n\n(B) the health, safety or welfare of the public; and\n\n(b) the matter is not required to be referred to VCAT under section 211; and\n\n(c) the Board decides it is not necessary or appropriate to refer the matter to a panel.\n\n(2) The Board may decide to take one or more of the following actions (***relevant actions***) in relation to the registered disability worker or disability student—\n\n(a) counsel the disability worker or disability student;\n\n(b) caution the registered disability worker or disability student;\n\n(c) accept an undertaking from the registered disability worker or disability student;\n\n(d) impose a condition on the registered disability worker's or disability student's registration, including any of the following—\n\n(i) a condition requiring the registered disability worker or disability student to complete specified further education or training within a specified period;\n\n(ii) a condition requiring the registered disability worker to undertake a specified period of supervised practice;\n\n(iii) a condition requiring the registered disability worker to do, or refrain from doing, something in connection with the registered disability worker's practice as a disability worker;\n\n(iv) a condition requiring the registered disability worker to practise as a disability worker in a specified manner;\n\n(v) a condition requiring the registered disability worker to report to a specified person at specified times about the registered disability worker's practice as a disability worker;\n\n(e) refer the matter to the Commission or another appropriate entity for investigation or other action.\n\n(3) If the Board decides to impose a condition on the registration of the registered disability worker or disability student, the Board must also decide a review period for the condition.\n\n","sortOrder":103},{"sectionNumber":"101","sectionType":"section","heading":"Show cause process","content":"\t101 Show cause process\n\n(1) Subject to subsection (3), if the Board proposes to take a relevant action referred to in section 100 in relation to a registered disability worker or disability student, the Board—\n\n(a) must give the registered disability worker or disability student written notice of the proposed relevant action; and\n\n(b) must invite the registered disability worker or disability student to make a written or verbal submission to the Board, within the reasonable time stated in the notice, about the proposed relevant action.\n\n(2) After considering any submission made by the registered disability worker or disability student in accordance with subsection (1), the Board must decide—\n\n(a) to take no further action in relation to the matter; or\n\n(b) to do either or both of the following—\n\n(i) to take the proposed relevant action or other relevant action;\n\n(ii) to refer the matter to the Commission or another appropriate entity for investigation or other action.\n\n(3) The Board is not required to comply with subsection (1) if—\n\n(a) the Board proposed to take a relevant action in relation to the registered disability worker or disability student; and\n\n(b) the Board, in relation to the matter that forms the basis for the relevant action referred to in section 100—\n\n(i) has investigated the registered disability worker or disability student under Division 3; or\n\n(ii) has conducted a health assessment or performance assessment of the registered disability worker under Division 4; or\n\n(iii) has conducted a health assessment of the disability student under Division 4.\n\n","sortOrder":104},{"sectionNumber":"102","sectionType":"section","heading":"Notice to be given to registered disability worker or disability student and to notifier","content":"\t102 Notice to be given to registered disability worker or disability student and to notifier\n\nAs soon as practicable after making a decision under section 100(2) or 101(2), the Board must give written notice of the decision to—\n\n(b) if the decision was the result of a notification or a complaint, the notifier or the complainant, as the case requires, and include the reasons for the decision; and\n\n(c) the employer, if any, of the registered disability worker; and\n\n(d) the education provider, in the case of a disability student.\n\n","sortOrder":105},{"sectionNumber":"Div 6","sectionType":"division","heading":"Panels in relation to registered disability workers and disability students","content":"Division 6—Panels in relation to registered disability workers and disability students\n\n","sortOrder":106},{"sectionNumber":"103","sectionType":"section","heading":"Establishment of health panel","content":"\t103 Establishment of health panel\n\n(1) The Board may establish a health panel if—\n\n(a) the Board reasonably believes, because of a complaint or notification or for any other reason, that a registered disability worker or disability student has, or may have, an impairment which detrimentally affects—\n\n(i) the registered disability worker's capacity to practise in a safe manner; or\n\nS. 103(1)(a)(ii) amended by No. 17/2020 s. 13(3).\n\n(ii) the disability student's capacity to undertake supervised practice in a safe manner; and\n\n(b) the Board decides that it is necessary or appropriate for the matter to be referred to a health panel.\n\n(2) The Board must establish a health panel if the suspension of a registered disability worker's or disability student's registration is to be reconsidered under section 113(8) or 114(c).\n\n(3) A health panel must consist of the following members chosen from a list referred to in section 105—\n\n(a) at least one member who is a registered disability worker;\n\n(b) at least one member who is a registered medical practitioner with expertise relevant to the matter that is the subject of the hearing;\n\n(c) at least one member who is not, and has never been, a registered disability worker.\n\n(4) No more than half of the members of the health panel may be registered disability workers.\n\n(5) A person must not be appointed to the health panel if the person has been involved in any proceeding relating to the matter that is the subject of the hearing by the panel.\n\n","sortOrder":107},{"sectionNumber":"104","sectionType":"section","heading":"Establishment of professional standards panel","content":"\t104 Establishment of professional standards panel\n\n(1) The Board may establish a professional standards panel if—\n\n(a) the Board reasonably believes, because of a notification or a complaint or for any other reason, that—\n\n(i) the manner in which a registered disability worker practises constitutes, or may constitute, unprofessional conduct or unsatisfactory professional performance; or\n\n(ii) the registered disability worker's conduct when practising constitutes, or may constitute, unprofessional conduct or unsatisfactory professional performance; and\n\n(b) the Board decides that it is necessary or appropriate for the matter to be referred to a professional standards panel.\n\n(2) A professional standards panel must consist of at least 3 members.\n\n(3) At least half, but no more than two-thirds, of the members of the professional standards panel must be persons who are registered disability workers and chosen from a list referred to in section 105.\n\n(4) At least one member must be a person who represents the community and is chosen from a list referred to in section 105.\n\n(5) A person may not be appointed to a professional standards panel if the person has been involved in any proceeding relating to the matter that is the subject of the hearing by the panel.\n\n","sortOrder":108},{"sectionNumber":"105","sectionType":"section","heading":"List of approved persons for appointment to panels","content":"\t105 List of approved persons for appointment to panels\n\nThe Board may appoint individuals to a list of persons approved to be appointed as members of panels.\n\n","sortOrder":109},{"sectionNumber":"106","sectionType":"section","heading":"Notice to be given to registered disability worker or disability student","content":"\t106 Notice to be given to registered disability worker or disability student\n\n(1) A panel must give notice of its hearing of a matter to the registered disability worker or disability student who is the subject of the hearing.\n\n(2) The notice must state the following—\n\n(a) the day, time and place at which the hearing is to be held;\n\n(b) the nature of the hearing and the matters to be considered at the hearing;\n\n(c) that the registered disability worker or disability student is required to attend the hearing;\n\n(d) that the registered disability worker or disability student may be accompanied by an Australian legal practitioner or another person;\n\n(e) that if an Australian legal practitioner or other person accompanies the registered disability worker or disability student, the Australian legal practitioner or other person may appear on behalf of the registered disability worker or disability student, with the leave of the panel;\n\n(f) that if the registered disability worker or disability student fails to attend the hearing, the hearing may continue and the panel may make a decision in the absence of the registered disability worker or disability student;\n\n(g) the types of decision which the panel may make at the end of the hearing.\n\n(3) For a health panel, the panel—\n\n(a) may decide that the hearing be decided entirely on the basis of documents, without parties, their representatives or witnesses appearing at the hearing; and\n\n(b) if the hearing is to be decided entirely on the basis of documents, must give written notice of the decision to the registered disability worker or disability student who is the subject of the hearing.\n\n(4) Within 14 days after receiving the notice under subsection (3)(b), the registered disability worker or disability student may give a written notice to the health panel—\n\n(a) requesting a hearing; and\n\n(b) undertaking to be available to attend the hearing within 28 days after giving the notice.\n\n(5) If the registered disability worker or disability student gives a notice under subsection (4), the health panel must give the registered disability worker or disability student notice under subsection (1) stating a day for the hearing that is not more than 28 days after the disability worker's or disability student's notice was given.\n\n(6) Subsection (1) does not apply if—\n\n(a) the health panel makes a decision under subsection (3); and\n\n(b) the registered disability worker or disability student does not give notice under subsection (4).\n\n","sortOrder":110},{"sectionNumber":"107","sectionType":"section","heading":"Procedure of panel","content":"\t107 Procedure of panel\n\n(1) Subject to this Division, a panel may decide its own procedures.\n\n(2) A panel is required to observe the principles of natural justice but is not bound by the rules of evidence.\n\n(3) A panel may have regard to—\n\n(a) a report prepared by an assessor about the registered disability worker or disability student; and\n\n(b) any other information that the panel considers relevant to the hearing of the matter.\n\n","sortOrder":111},{"sectionNumber":"108","sectionType":"section","heading":"Legal representation","content":"\t108 Legal representation\n\n(1) At a hearing of a panel, the registered disability worker or disability student who is the subject of the hearing may be accompanied by an Australian legal practitioner or another person.\n\n(2) An Australian legal practitioner or other person accompanying the registered disability worker or disability student may appear on behalf of the registered disability worker or disability student only with the leave of the panel.\n\n(3) The panel may grant leave for an Australian legal practitioner or other person to appear on behalf of the registered disability worker or disability student if the panel considers it appropriate in the particular circumstances of the hearing.\n\n","sortOrder":112},{"sectionNumber":"109","sectionType":"section","heading":"Submission by notifier or complainant","content":"\t109 Submission by notifier or complainant\n\nIf a matter that is the subject of a hearing before a panel relates to a notification or a complaint, the notifier or complainant, as the case requires, with the leave of the panel, may make a submission to the panel about the matter.\n\n","sortOrder":113},{"sectionNumber":"110","sectionType":"section","heading":"Panel may proceed in absence of registered disability worker or disability student","content":"\t110 Panel may proceed in absence of registered disability worker or disability student\n\nAt a hearing, a panel may proceed in the absence of the registered disability worker or disability student who is the subject of the proceeding if the panel reasonably believes that the registered disability worker or disability student has been given notice of the hearing.\n\n","sortOrder":114},{"sectionNumber":"111","sectionType":"section","heading":"Hearing not open to the public","content":"\t111 Hearing not open to the public\n\nA hearing before a panel is not open to the public.\n\n","sortOrder":115},{"sectionNumber":"112","sectionType":"section","heading":"Referral to VCAT","content":"\t112 Referral to VCAT\n\nA panel must stop hearing a matter and require the Board to refer the matter to VCAT under section 211 if, at any time—\n\n(a) the registered disability worker or disability student who is the subject of the hearing asks the panel for the matter to be referred to VCAT; or\n\n(b) in the case of a registered disability worker who is the subject of the hearing—\n\n(i) the panel reasonably believes that the evidence demonstrates that the registered disability worker may have behaved in a way that constitutes professional misconduct; or\n\n(ii) the panel reasonably believes the evidence demonstrates the registered disability worker's or disability student's registration may have been improperly obtained because the registered disability worker or disability student, as the case may be, or someone else gave the Board information or a document that was false or misleading in a material particular.\n\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Decision of panel","content":"\t113 Decision of panel\n\n(1) After hearing a matter about a registered disability worker, a panel may decide—\n\n(a) that the registered disability worker has no case to answer and that no further action is to be taken in relation to the matter; or\n\n(b) one or more of the following—\n\n(i) that the registered disability worker has behaved in a way that constitutes unsatisfactory professional performance;\n\n(ii) that the registered disability worker has behaved in a way that constitutes unprofessional conduct;\n\n(iii) that the registered disability worker has an impairment which detrimentally affects the disability worker's capacity to practise in a safe manner;\n\n(iv) that the matter must be referred to VCAT under section 211;\n\n(v) that the matter must be referred to the NDIS Quality and Safeguards Commission or another appropriate entity for investigation or other action.\n\n(2) After hearing a matter about a disability student, a panel may decide—\n\n(a) that the disability student has no case to answer and that no further action is to be taken in relation to the matter; or\n\n(b) one or both of the following—\n\n(i) that the disability student has an impairment which detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner;\n\n(ii) that the matter must be referred to a health complaints entity or another entity for investigation or other action.\n\n(3) If a panel decides that a registered disability worker or disability student has an impairment which has a detrimental effect of a kind referred to in subsection (1) or (2) or that a registered disability worker has behaved in a manner that constitutes unsatisfactory professional performance or unprofessional conduct, the panel may decide to impose a condition on the disability worker's or disability student's registration, including one or more of the following—\n\n(a) a condition requiring the disability worker or disability student to complete specified further education or training within a specified period;\n\n(b) a condition requiring the disability worker to undertake a specified period of supervised practice;\n\n(c) a condition requiring the disability worker to do, or refrain from doing, something in connection with the disability worker's practice;\n\n(d) a condition requiring the disability worker to practise in a specified manner;\n\n(e) a condition requiring the disability worker to report to a specified person at specified times about the disability worker's practice;\n\n(f) a condition requiring the disability worker not to employ, engage or recommend a specified person, or class of person.\n\n(4) If a panel decides to impose a condition on a registered disability worker's or disability student's registration, the panel must also decide a review period for the condition.\n\n(5) If a panel decides that a registered disability worker has an impairment which detrimentally affects the disability worker's capacity to practise in a safe manner, the panel may decide—\n\n(a) in the case of a health panel, to suspend the registered disability worker's registration; or\n\n(b) in the case of a professional standards panel, to caution or reprimand the registered disability worker.\n\n(6) If a health panel decides that a disability student has an impairment which detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner, the panel may decide to suspend the disability student's registration.\n\n(7) If a professional standards panel decides that a registered disability worker has behaved in a manner that constitutes unsatisfactory professional performance or unprofessional conduct, the panel may decide to caution or reprimand the disability worker.\n\n(8) If a health panel suspends a registered disability worker's or disability student's registration, the panel must decide a date (the ***reconsideration date***) by which the suspension must be reconsidered by the health panel.\n\n(9) A decision by a panel that a registered disability worker has no case to answer in relation to a matter does not prevent the Board or an adjudication body taking the matter into consideration at a later time as part of a pattern of conduct or practice by the disability worker.\n\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Decision of panel after reconsideration of suspension","content":"\t114 Decision of panel after reconsideration of suspension\n\nIf the suspension of a registered disability worker's or disability student's registration is reconsidered by a health panel, the panel may—\n\n(a) revoke the suspension; or\n\n(b) revoke the suspension, impose a condition under section 113(3) and decide a review period for the condition under section 113(4); or\n\n(c) not revoke the suspension and decide a new reconsideration date.\n\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Change of reconsideration date for suspension of registration","content":"\t115 Change of reconsideration date for suspension of registration\n\n(1) This section applies if the suspension of a registered disability worker's or disability student's registration is to be reconsidered by a health panel on a reconsideration date.\n\n(2) The panel may decide an earlier reconsideration date if—\n\n(a) the registered disability worker or disability student advises the health panel of a material change in the registered disability worker's or disability student's circumstances and requests an earlier reconsideration date because of the change; and\n\n(b) the health panel is reasonably satisfied that an earlier reconsideration date is necessary because of the change in circumstances.\n\n(3) For the purposes of subsection (2), the health panel must give the registered disability worker or disability student written notice of—\n\n(a) if the health panel decides an earlier reconsideration date, the earlier date; or\n\n(b) if the health panel decides to refuse the request for an earlier reconsideration date, the panel's decision and the reasons for the decision.\n\n(4) The health panel may decide a later reconsideration date if the panel is reasonably satisfied it is necessary to enable the panel to reconsider the suspension.\n\nThe health panel may be reasonably satisfied a later reconsideration date may be decided if—\n\n(a) the registered disability worker or disability student is required for a hearing and cannot attend because of illness; or\n\n(b) the panel requires extra time to consider further evidence supplied by the registered disability worker or disability student; or\n\n(c) extra time is required to appoint a panel member for a panel member who is ill.\n\n(5) If the health panel decides a later reconsideration date under subsection (4), the panel must give the registered disability worker or disability student written notice of the later reconsideration date and the reasons for the decision.\n\n(6) The suspension of the registered disability worker's or disability student's registration remains in force until the health panel makes a decision to revoke the suspension.\n\n","sortOrder":119},{"sectionNumber":"116","sectionType":"section","heading":"Notice to be given about panel's decision","content":"\t116 Notice to be given about panel's decision\n\n(1) As soon as practicable after making a decision under section 113 or 114, a panel must give notice of its decision to the Board.\n\n(2) The Board, within 30 days after the panel makes its decision, must give written notice of the decision to—\n\n(a) the registered disability worker or disability student who is the subject of the hearing; and\n\n(b) if the hearing related to a notification or complaint, the notifier or the complainant, as the case requires; and\n\n(c) the employer, if any, of the registered disability worker; and\n\n(d) in the case of a disability student, the education provider.\n\n(3) The notice given to the registered disability worker or disability student must state the following—\n\n(a) the decision made by the panel;\n\n(b) the reasons for the decision;\n\n(c) that the registered disability worker or disability student may apply for review of the decision;\n\n(d) how an application for review may be made and the period within which the application must be made.\n\n(4) A notice given to a notifier or a complainant may include the reasons for the decision.\n\nPart 9—Regulation of unregistered disability workers\n\nDivision 1—Approved codes of conduct for unregistered disability workers\n\n\t117 Minister to consult in relation to approved code of conduct\n\nBefore a code of conduct is prescribed for the purposes of this Act, the Minister must consult the Board and the Commission and have regard to the NDIS Code of Conduct, within the meaning of the NDIS Act.\n\n","sortOrder":120},{"sectionNumber":"118","sectionType":"section","heading":"Unregistered disability workers to comply with approved code of conduct","content":"\t118 Unregistered disability workers to comply with approved code of conduct\n\nAn unregistered disability worker must comply with an approved code of conduct.\n\nDivision 2—Investigation by Commission in relation to unregistered disability workers\n\n","sortOrder":121},{"sectionNumber":"119","sectionType":"section","heading":"Investigation of complaints by Commission","content":"\t119 Investigation of complaints by Commission\n\n(1) The Commission may conduct an investigation of a complaint or notification in relation to an unregistered disability worker if the Commission reasonably believes that the subject matter of the complaint or notification indicates that—\n\n(a) there may have been a failure by the disability worker to comply with an approved code of conduct; or\n\n(b) the disability worker—\n\nS. 119(1)(b)(i) substituted by Nos 19/2019 s. 226(1), 34/2020 s. 198(1).\n\n(i) has been given an exclusion; or\n\nS. 119(1)(b)(ii) substituted by Nos 19/2019 s. 226(1), 34/2020 s. 198(1).\n\n(ii) has had a clearance suspended or revoked; or\n\n(iii) has committed a prescribed offence; or\n\nS. 119(1)(b)(iv) amended by No. 19/2019 s. 226(2), substituted by No. 34/2020 s. 198(2).\n\n(iv) has been given an interim exclusion; or\n\n(v) is the subject of a banning order issued under section 73ZN of the NDIS Act or a prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act.\n\n(2) If the Commission decides to investigate a complaint or notification, the Commission must direct an authorised officer to conduct the investigation.\n\n(3) The Commission must ensure that an authorised officer directed to conduct an investigation does so as quickly as practicable, having regard to the nature of the matter to be investigated.\n\n","sortOrder":122},{"sectionNumber":"120","sectionType":"section","heading":"Investigation of matter referred by Minister","content":"\t120 Investigation of matter referred by Minister\n\nS. 120(1) amended by No. 58/2025 s. 22.\n\n(1) The Minister may refer to the Commission for investigation any matter in relation to which a complaint or notification about an unregistered disability worker may be made under this Act.\n\n(2) The Commission may investigate a matter referred under subsection (1).\n\n","sortOrder":123},{"sectionNumber":"121","sectionType":"section","heading":"Power of Commission to conduct a Commission initiated investigation","content":"\t121 Power of Commission to conduct a Commission initiated investigation\n\nThe Commission, on the Commission's initiative, may conduct an investigation in relation to any matter if—\n\n(a) the matter indicates that there may have been a failure by an unregistered disability worker to comply with an approved code of conduct; or\n\n(b) the matter relates to an unregistered disability worker who—\n\nS. 121(b)(i) substituted by Nos 19/2019 s. 227(1), 34/2020 s. 199(1).\n\n(i) has been given an exclusion; or\n\nS. 121(b)(ii) substituted by Nos 19/2019 s. 227(1), 34/2020 s. 199(1).\n\n(ii) has had a clearance suspended or revoked; or\n\n(iii) has committed a prescribed offence; or\n\nS. 121(b)(iv) amended by No. 19/2019 s. 227(2), substituted by No. 34/2020 s. 199(2).\n\n(iv) has been given an interim exclusion; or\n\n(v) is the subject of a banning order issued under section 73ZN of the NDIS Act or a prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act.\n\n","sortOrder":124},{"sectionNumber":"122","sectionType":"section","heading":"Notice of investigation under this Division","content":"\t122 Notice of investigation under this Division\n\nIf the Commission has decided to conduct an investigation under section 119, 120 or 121, the Commission must give as soon as practicable to the unregistered disability worker—\n\n(a) a written notice of the investigation; and\n\n(b) a description of the matter being investigated.\n\n","sortOrder":125},{"sectionNumber":"123","sectionType":"section","heading":"Commission's report on an investigation under this Division","content":"\t123 Commission's report on an investigation under this Division\n\n(1) On completing an investigation under this Division, the Commission must prepare a written report of the investigation.\n\n(2) In the report the Commission must set out—\n\n(a) for an investigation referred to in section 119, a description of the complaint or notification and any settlement of the complaint; and\n\n(b) for an investigation referred to in section 120, a description of the matter referred by the Minister; and\n\n(c) for an investigation referred to in section 121, a description of the matter investigated; and\n\n(d) any findings in relation to the investigation; and\n\n(e) any recommended action that the unregistered disability worker should take to address the findings, and the time within which the action should be taken; and\n\n(f) the time within which the unregistered disability worker must give a written response to the report to the Commission; and\n\n(g) if so requested by a person who made any submission in the investigation under this Division or against whom the Commission has made an adverse decision, a summary of the submissions made in relation to that decision.\n\n","sortOrder":126},{"sectionNumber":"124","sectionType":"section","heading":"Persons to whom report on an investigation under this Division is given","content":"\t124 Persons to whom report on an investigation under this Division is given\n\n(1) The Commission must—\n\n(a) give the investigation report to the unregistered disability worker; or\n\n(b) if there is more than one disability worker, give that part of the report that relates to each unregistered disability worker to that disability worker.\n\n(2) Despite subsection (1), the Commission is not required to give an unregistered disability worker an investigation report, or part of an investigation report, if the Commission reasonably believes doing so would—\n\n(a) prejudice future action that the Commission may take under this Act; or\n\n(3) The Commission may—\n\n(a) give all or part of the investigation report to the Australian Health Practitioner Regulation Agency and any relevant National Board, within the meaning of the Health Practitioner National Law, if the investigation report is relevant to the administration of the Health Practitioner Regulation National Law; and\n\n(b) give all or part of the investigation report to any of the following—\n\n(i) the NDIS Quality and Safeguards Commission;\n\n(ii) a health complaints entity;\n\n(iii) any other appropriate entity for the purpose of investigation or regulation; and\n\n(c) give all or part of the investigation report to an employer of the unregistered disability worker, if the investigation report is relevant to the unregistered disability worker's employment by that employer; and\n\n(d) give all or part of the investigation report to a person who engages the unregistered disability worker, if the investigation report is relevant to the disability worker's engagement by that person; and\n\n(e) give all or part of the investigation report to the Secretary.\n\n(4) For an investigation referred to in section 119, the Commission may—\n\n(a) give all or part of the investigation report to the complainant or notifier, as the case requires; and\n\n(b) if the person who received or sought the disability service is not the complainant or notifier, give all or part of the investigation report to that person if that person has agreed to be notified about the outcome of the complaint or notification.\n\n(5) For an investigation referred to in section 120, the Commissioner must give the investigation report to the Minister.\n\n","sortOrder":127},{"sectionNumber":"125","sectionType":"section","heading":"Response by unregistered disability worker","content":"\t125 Response by unregistered disability worker\n\nAn unregistered disability worker who receives an investigation report under section 124 setting out recommendations that apply to the disability worker must not, without reasonable excuse, fail to give a written response to that investigation report to the Commission, within the time set out in the investigation report, which—\n\n(a) states the action that has been taken to implement the recommendations; and\n\n(b) if a recommendation has not been implemented, gives a reason why the recommendation has not been implemented and sets out a plan—\n\n(i) to implement the recommendation; or\n\n(ii) to address the issue dealt with in the recommendation.\n\nPenalty: 60 penalty units.\n\n","sortOrder":128},{"sectionNumber":"126","sectionType":"section","heading":"Principles applying to all investigations","content":"\t126 Principles applying to all investigations\n\nIn an investigation under this Division, the Commission—\n\n(a) may carry out any inquiries into the subject matter of the investigation that the Commission believes are necessary; and\n\n(b) must act as expeditiously and with as little formality as is reasonably possible; and\n\n(c) is bound by the rules of natural justice; and\n\n(d) is not bound by the rules of evidence; and\n\n(e) before making a decision affecting a person, must give the person an opportunity to make submissions to the Commission about the decision.\n\n","sortOrder":129},{"sectionNumber":"127","sectionType":"section","heading":"Requirements","content":"\t127 Requirements\n\nFor the purposes of carrying out an investigation, the Commission—\n\n(a) may take oral or written submissions; and\n\n(b) must keep a record of all submissions and evidence given before the Commission and decisions made by the Commission.\n\n","sortOrder":130},{"sectionNumber":"128","sectionType":"section","heading":"Expert assistance","content":"\t128 Expert assistance\n\n(1) For the purpose of conducting an investigation or performing any other function under this Act, the Commission may obtain a report from a person (including a registered disability worker) who, in the opinion of the Commission, is sufficiently qualified or experienced to give expert advice on the subject matter of the complaint or notification.\n\n(2) The Commission must provide the person from whom the report is sought with all relevant information about the complaint or notification being investigated that is in the Commission's possession.\n\n(3) A report referred to in subsection (1)—\n\n(a) may be used by the Commission for the purpose of dealing with a complaint or notification made under this Act; and\n\n(b) may be used by the Board for the purpose of dealing with a complaint or notification under this Act if the disability worker who is the subject of the report subsequently is registered under this Act.\n\n","sortOrder":131},{"sectionNumber":"129","sectionType":"section","heading":"Action to be taken after investigation ends","content":"\t129 Action to be taken after investigation ends\n\nAt the end of an investigation under this Division—\n\n(a) the Commission may—\n\n(i) counsel the unregistered disability worker on the subject matter of the investigation; or\n\n(ii) decide to take no further action in relation to the investigation; or\n\n(iii) refer the subject matter of the investigation to the Commissioner to enable a prohibition order to be made;\n\n(iv) refer the subject matter of the investigation to the NDIS Quality and Safeguards Commission or any other appropriate entity for investigation or other action; and\n\n(b) the Commissioner may decide to make a prohibition order in relation to the unregistered disability worker.\n\nDivision 3—Interim prohibition orders and prohibition orders\n\nS. 130 amended by No. 41/2025 s. 3(Sch. 1 item 16.3).\n\n","sortOrder":132},{"sectionNumber":"130","sectionType":"section","heading":"Commissioner may make interim prohibition order","content":"\t130 Commissioner may make interim prohibition order\n\n(1) Subject to section 131, before or during the course of conducting an investigation under Division 2, the Commissioner may make an interim prohibition order—\n\n(a) prohibiting the unregistered disability worker from providing all disability services or specified disability services for up to 12 weeks; or\n\n(b) imposing conditions that the Commissioner is satisfied are appropriate on the provision of disability services by the unregistered disability worker for up to 12 weeks.\n\n(2) An interim prohibition order takes effect on the date specified in the order, being a date after the publication of information in relation to the order required under section 135.\n\n(3) As soon as practicable after the interim prohibition order is made, the Commissioner must serve a written copy of the interim prohibition order on the unregistered disability worker to whom it applies and must include a statement setting out the grounds on which the order is made.\n\n(4) If the Commissioner reasonably believes that the unregistered disability worker to whom the interim prohibition order applies provides, or may provide, health services (within the meaning of the **Health Complaints Act 2016**), the Commissioner must give the Health Complaints Commissioner—\n\n(a) a copy of the interim prohibition order; and\n\n(b) a copy of any relevant investigation report referred to in section 123; and\n\n(c) a notice setting out the grounds referred to in section 131 in relation to which the interim prohibition order was made; and\n\n(d) any other information relevant to the Commissioner being satisfied as to the serious risk referred to in section 131.\n\n","sortOrder":133},{"sectionNumber":"131","sectionType":"section","heading":"Grounds on which interim prohibition order may be made","content":"\t131 Grounds on which interim prohibition order may be made\n\nThe Commissioner may make an interim prohibition order if the Commissioner is satisfied that it is necessary to make the order to avoid a serious risk to the life, health, safety or welfare of a person or the health, safety or welfare of the public and one or more of the following grounds exists—\n\n(a) the Commissioner reasonably believes that the unregistered disability worker has contravened an approved code of conduct;\n\n(b) the unregistered disability worker has been convicted or found guilty of a prescribed offence;\n\nS. 131(c) substituted by Nos 19/2019 s. 228(1), 34/2020 s. 200.\n\n(c) the unregistered disability worker has been given an exclusion or has had a clearance suspended or revoked;\n\nS. 131(d) amended by No. 19/2019 s. 228(2), substituted by No. 34/2020 s. 200.\n\n(d) the unregistered disability worker has been given an interim exclusion;\n\n(e) the disability worker is the subject of a prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act or a banning order issued under section 73ZN of the NDIS Act.\n\n","sortOrder":134},{"sectionNumber":"132","sectionType":"section","heading":"Commissioner may make prohibition order","content":"\t132 Commissioner may make prohibition order\n\n(1) Subject to section 133, after conducting an investigation about an unregistered disability worker, the Commissioner may make a prohibition order—\n\n(a) prohibiting the disability worker from providing all disability services or specified disability services, for a specified period or permanently; or\n\n(b) imposing conditions that the Commissioner is satisfied are appropriate on the provision of disability services by the disability worker, either permanently or for the period specified by the Commissioner in the order.\n\n(2) A prohibition order takes effect on the date specified in the order, being a date after the publication of information in relation to the order required under section 135.\n\n(3) As soon as practicable after the prohibition order is made, the Commissioner must serve a written copy of the prohibition order on the unregistered disability worker to whom it applies and must include a statement setting out the grounds on which the order is made.\n\n(4) If the Commissioner reasonably believes that the unregistered disability worker to whom the prohibition order applies provides, or may provide, health services (within the meaning of the **Health Complaints Act 2016**), the Commissioner must give the Health Complaints Commissioner—\n\n(i) a copy of the prohibition order; and\n\n(ii) a copy of any relevant investigation report referred to in section 123; and\n\n(iii) a notice setting out the grounds referred to in section 133 in relation to which the prohibition order was made; and\n\n(iv) any other information relevant to the Commissioner being satisfied as to the serious risk referred to in section 133.\n\n","sortOrder":135},{"sectionNumber":"133","sectionType":"section","heading":"Grounds on which prohibition order may be made","content":"\t133 Grounds on which prohibition order may be made\n\nThe Commissioner may make a prohibition order if the Commissioner is satisfied that it is necessary to make the order to avoid a serious risk to the life, health, safety or welfare of a person or the health, safety or welfare of the public and one or more of the following grounds exists—\n\n(a) the Commissioner reasonably believes that the unregistered disability worker has contravened an approved code of conduct;\n\n(b) the unregistered disability worker has been convicted or found guilty of a prescribed offence;\n\nS. 133(c) amended by No. 19/2019 s. 229(1), substituted by No. 34/2020 s. 201(a).\n\n(c) the unregistered disability worker has been given an exclusion or has had a clearance suspended or revoked;\n\nS. 133(d) amended by No. 19/2019 s. 229(2), repealed by No. 34/2020 s. 201(c).\n\nS. 133(e) amended by No. 19/2019 s. 229(3), substituted by No. 34/2020 s. 201(b).\n\n(e) the unregistered disability worker has been given an interim exclusion; or\n\n(f) the unregistered disability worker is the subject of a prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act or a banning order issued under section 73ZN of the NDIS Act.\n\n","sortOrder":136},{"sectionNumber":"134","sectionType":"section","heading":"Show cause process","content":"\t134 Show cause process\n\n(1) If the Commissioner proposes to make a prohibition order in relation to an unregistered disability worker, the Commissioner—\n\n(a) must give the disability worker written notice of the proposed order; and\n\n(b) must invite the disability worker to make a written or verbal submission to the Commissioner, within the reasonable time stated in the notice, about the proposed order.\n\n(2) After considering any submission made by the unregistered disability worker in accordance with subsection (1), the Commissioner must decide whether—\n\n(a) to take no action in relation to the matter; or\n\n(b) to make the prohibition order.\n\n","sortOrder":137},{"sectionNumber":"135","sectionType":"section","heading":"Publication of information as to interim prohibition orders and prohibition orders","content":"\t135 Publication of information as to interim prohibition orders and prohibition orders\n\nAs soon as practicable after an interim prohibition order or prohibition order is made, the Commissioner must publish in the Government Gazette and on the Commission's Internet site notice of the order, including—\n\n(a) the name of the unregistered disability worker to whom the order applies; and\n\n(b) the effect of the order; and\n\n(c) any conditions set out in the order, if the Commission is satisfied that it is in the public interest to do so; and\n\n(d) the date on which the order takes effect; and\n\n(e) the date, if any, on which the order expires.\n\n","sortOrder":138},{"sectionNumber":"136","sectionType":"section","heading":"Variation of prohibition order","content":"\t136 Variation of prohibition order\n\n(1) The Commissioner, by order, must vary an interim prohibition order or a prohibition order if the Commissioner is satisfied that the restrictions contained in the order should be reduced.\n\n(2) An order under subsection (1) varying an interim prohibition order or a prohibition order must set out—\n\n(a) the name of the unregistered disability worker to whom the order applies; and\n\n(b) when variation takes effect under subsection (4); and\n\n(c) the nature of the variation.\n\n(3) As soon as practicable after making an order under subsection (1), the Commissioner must—\n\n(a) serve a copy of the order on the unregistered disability worker to whom it applies; and\n\n(b) publish the order in the Government Gazette and on the Commission's Internet site.\n\n(4) An order under this section takes effect on the date specified in the order, being a date after the publication of the order required under subsection (3).\n\n","sortOrder":139},{"sectionNumber":"137","sectionType":"section","heading":"Revocation of interim prohibition orders and prohibition orders","content":"\t137 Revocation of interim prohibition orders and prohibition orders\n\n(1) The Commissioner must revoke by order an interim prohibition order or a prohibition order if the Commissioner is satisfied that the interim prohibition order or prohibition order is no longer required to avoid a serious risk to—\n\n(b) the health, safety or welfare of the public.\n\n(2) A revocation order made under subsection (1) must—\n\n(a) set out the name of the unregistered disability worker; and\n\n(b) set out the date on which the order takes effect under subsection (4); and\n\n(c) advise the public—\n\n(i) that the serious risk no longer exists; and\n\n(ii) of the reason why the interim prohibition order or prohibition order is revoked.\n\n(3) As soon as practicable after making a revocation order under subsection (1), the Commissioner must—\n\n(a) serve a copy of the order on the unregistered disability worker to whom it applies; and\n\n(b) publish the order in the Government Gazette and on the Internet site of the Commission.\n\n(4) A revocation order takes effect on the date specified in the order, being a date after the publication of the order required under subsection (3).\n\nPart 10—Registration standards and guidelines and accreditation\n\nDivision 1—Registration standards and guidelines\n\n\t138 Board may develop registration standards\n\nThe Board may develop one or more registration standards about the following matters—\n\n(a) requirements for professional indemnity insurance arrangements for registered disability workers;\n\n(b) matters about the criminal history of applicants for registration and of registered disability workers and disability students, including the matters to be considered in deciding whether an individual's criminal history is relevant to practise as a disability worker;\n\n(c) requirements in relation to continuing professional development for registered disability workers;\n\n(d) requirements about the English language skills for registered disability workers;\n\n(e) requirements in relation to the nature, extent, period and recency of any previous practice experience by applicants for registration;\n\n(f) the physical and mental health of—\n\n(i) applicants for registration; and\n\n(ii) registered disability workers and disability students;\n\n(g) the scope of practice of registered disability workers;\n\n(h) any other issue relevant to the eligibility of individuals for registration as disability workers or the capacity of individuals to practise competently and safely as disability workers.\n\n","sortOrder":140},{"sectionNumber":"139","sectionType":"section","heading":"Board may develop guidelines","content":"\t139 Board may develop guidelines\n\nThe Board may develop guidelines that provide guidance to registered disability workers in relation to accepted standards to be met in the practice of the disability worker profession.\n\n","sortOrder":141},{"sectionNumber":"140","sectionType":"section","heading":"Consultation","content":"\t140 Consultation\n\n(1) During the course of developing a registration standard or guideline under this Division, the Board must—\n\n(a) publish the proposed standard or guideline on its Internet site; and\n\n(b) ensure that there is wide-ranging consultation about the contents of the proposed registration standard or guideline within the disability sector, including but not limited to—\n\n(i) persons with a disability, their families and carers and any organisation representing them; and\n\n(ii) disability workers and any organisation representing them; and\n\n(iii) disability service providers and any organisation representing them.\n\n(2) A contravention of subsection (1) does not invalidate a registration standard or a guideline.\n\n","sortOrder":142},{"sectionNumber":"141","sectionType":"section","heading":"Approval of registration standards and guidelines","content":"\t141 Approval of registration standards and guidelines\n\n(1) The Board must submit a proposed registration standard or proposed guideline for approval by the Minister if it relates to—\n\n(a) qualifications, supervised practice, examinations for registration or the scope of practice of registered disability workers; or\n\n(b) matters that may have a substantive adverse impact on the recruitment or supply of the disability workforce.\n\n(2) The Minister may approve a registration standard or guideline referred to in subsection (1) if its approval is recommended by the Board.\n\n","sortOrder":143},{"sectionNumber":"142","sectionType":"section","heading":"Minister may give policy directions or request review","content":"\t142 Minister may give policy directions or request review\n\n(1) The Minister may give policy directions to the Board about the policies to be applied by the Board in exercising its functions under this Act, including, but not limited to, consideration of proposed registration standards or guidelines submitted under section 141 for approval.\n\nS. 142(2) amended by No. 17/2020 s. 13(4).\n\n(2) The Board must comply with a policy direction given to it by the Minister under this section.\n\n(3) The Minister may ask the Board to review an approved or proposed registration standard or guideline.\n\n","sortOrder":144},{"sectionNumber":"143","sectionType":"section","heading":"Publication and commencement of registration standards and guidelines","content":"\t143 Publication and commencement of registration standards and guidelines\n\n(1) Subject to subsection (2), a registration standard or a guideline takes effect—\n\n(a) on the day on which it is published on the Board's Internet site; or\n\n(b) if a later day is stated in the registration standard or guideline that is published on the Board's Internet site, on that day.\n\n(2) A registration standard or guideline that requires the approval of the Minister does not take effect in accordance with subsection (1) unless the Minister has approved it before publication.\n\n","sortOrder":145},{"sectionNumber":"144","sectionType":"section","heading":"Use of registration standards and guidelines in disciplinary proceedings","content":"\t144 Use of registration standards and guidelines in disciplinary proceedings\n\nA published registration standard or guideline is admissible in a proceeding under this Act against a registered disability worker as evidence of what constitutes appropriate professional conduct or practice.\n\nDivision 2—Accreditation\n\n","sortOrder":146},{"sectionNumber":"145","sectionType":"section","heading":"Board may develop accreditation standards","content":"\t145 Board may develop accreditation standards\n\nThe Board may develop one or more accreditation standards about the following matters*—*\n\n(a) the assessment of programs of study and the education providers providing those programs of study for the purpose of determining whether the programs meet approved accreditation standards;\n\n(b) the assessment of authorities in other jurisdictions who conduct examinations for registration in relation to disability workers or who accredit programs of study relevant to the registration of disability workers for the purpose of deciding whether persons who successfully complete those examinations or programs of study have the knowledge, skills and attributes necessary to be registered as disability workers in Victoria;\n\n(c) the assessment of the knowledge, skills and attributes of overseas qualified disability workers who seek registration under this Act and whose qualifications do not meet approved accreditation standards.\n\n","sortOrder":147},{"sectionNumber":"146","sectionType":"section","heading":"Consultation about accreditation standards","content":"\t146 Consultation about accreditation standards\n\n(1) During the course of developing an accreditation standard, the Board must—\n\n(a) publish the proposed accreditation standard on its Internet site; and\n\n(b) ensure that there is wide-ranging consultation within the disability sector, (including about the contents of the proposed accreditation standard including, but not limited to—\n\n(i) Commonwealth and Victorian entities that have functions related to the regulation of disability workers or the training of the disability workforce; and\n\n(ii) persons with a disability, their families and carers and any organisation representing them; and\n\n(iii) disability workers and any organisation representing them; and\n\n(iv) disability service providers and any organisation representing them.\n\n(2) A contravention of subsection (1) does not invalidate an accreditation standard.\n\n","sortOrder":148},{"sectionNumber":"147","sectionType":"section","heading":"Approval of accreditation standards","content":"\t147 Approval of accreditation standards\n\n(1) The Board must submit a proposed accreditation standard for approval by the Minister if it relates to—\n\n  (a) qualifications, supervised practice, examinations for registration or the scope of practice of registered disability workers; or\n\n(b) matters that may have a substantive adverse impact on the recruitment or supply of the disability workforce.\n\n(2) The Minister may approve an accreditation standard referred to in subsection (1) if its approval is recommended by the Board.\n\n","sortOrder":149},{"sectionNumber":"148","sectionType":"section","heading":"Publication and commencement of accreditation standards","content":"\t148 Publication and commencement of accreditation standards\n\n(1) Subject to subsection (2), an approved accreditation standard takes effect—\n\n(a) on the day on which it is published on the Board's Internet site; or\n\n(b) if a later day is stated in the accreditation standard that is published on the Board's Internet site, on that day.\n\n(2) An accreditation standard that requires the approval of the Minister does not take effect in accordance with subsection (1) unless the Minister has approved it before publication.\n\n","sortOrder":150},{"sectionNumber":"149","sectionType":"section","heading":"Approval of programs of study","content":"\t149 Approval of programs of study\n\n(1) The Board may approve a program of study that meets an approved accreditation standard as providing a qualification for the purposes of registration or for the purposes of the endorsement of registration.\n\n(2) An approval under subsection (1) may be given subject to any condition that the Board considers necessary or desirable in the circumstances.\n\n(3) The Board must publish on its Internet site a list of the programs of study (together with the name of the education provider that provides each approved program of study) that are approved by the Board as providing a qualification for registration as a disability worker or disability student.\n\n(4) An approval of a program of study does not take effect until the program of study is included in the list published under subsection (3).\n\n","sortOrder":151},{"sectionNumber":"150","sectionType":"section","heading":"Revocation of approval of program of study","content":"\t150 Revocation of approval of program of study\n\nIf the Board reasonably believes that a program of study no longer meets the standards required by the Board for the purposes of an approved qualification for registration or endorsement of registration, the Board may revoke its approval.\n\nPart 11—Registration and endorsement\n\nDivision 1—Application for registration\n\n\t151 Application for registration\n\n(1) An individual may apply to the Board for one of the following types of registration as a disability worker—\n\n(a) general registration;\n\n(b) limited registration;\n\n(c) non-practising registration.\n\n(2) An application must—\n\n(a) be in the form approved by the Board; and\n\n(b) be accompanied by—\n\n(i) the relevant fee, in the case of an application for registration as a disability worker; and\n\n(ii) proof of the applicant's identity; and\n\n(iii) any other information reasonably required by the Board.\n\n(3) Without limiting subsection (2)(a), a form approved by the Board for the purposes of that subsection must require an applicant—\n\n(a) to provide a declaration about—\n\n(i) the address from which the applicant intends predominantly to practise as a disability worker; or\n\n(ii) if the applicant will not practise as a disability worker predominantly from one address, the address that is the applicant's principal place of residence; and\n\n(b) to provide an address to be used by the Board in corresponding with the applicant; and\n\nS. 151(3)(c) substituted by No. 9/2023 s. 132(1).\n\n(c) to disclose—\n\n(i) the applicant's criminal history; or\n\n(ii) if the applicant has a current NDIS clearance, the status and details of the applicant's NDIS clearance; and\n\nS. 151(3)(d) substituted by No. 9/2023 s. 132(2).\n\n(d) to authorise the Board to obtain—\n\n(i) the applicant's criminal history; or\n\n(ii) if the applicant has a current NDIS clearance, the status and details of the applicant's NDIS clearance.\n\n(4) A criminal history law does not apply to the requirement under subsection (3)(c) for the applicant to disclose the applicant's criminal history.\n\nS. 152 substituted by No. 9/2023 s. 133.\n\n","sortOrder":152},{"sectionNumber":"152","sectionType":"section","heading":"Board must check applicant's criminal history or NDIS clearance","content":"\t152 Board must check applicant's criminal history or NDIS clearance\n\nBefore deciding about an application for registration, the Board must—\n\n(a) check the applicant's criminal history in accordance with section 256; or\n\n(b) if the applicant holds a current NDIS clearance, confirm the status and details of the applicant's NDIS clearance.\n\n","sortOrder":153},{"sectionNumber":"153","sectionType":"section","heading":"Board's other powers before determining application for registration","content":"\t153 Board's other powers before determining application for registration\n\n(1) Before determining an application for registration, the Board—\n\n(a) may investigate the applicant; and\n\nThe Board may ask an entity that issued qualifications that the applicant believes qualifies the applicant for registration for confirmation that the qualification was issued to the applicant.\n\n(b) by written notice given to the applicant—\n\n(i) may require the applicant to give the Board within a reasonable time stated in the notice, further information or a document that the Board reasonably requires to decide the application; and\n\n(ii) may require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; and\n\n(iii) subject to subsection (4), may require the applicant to undergo an examination or assessment, within a reasonable time stated in the notice and at a reasonable place, to assess the applicant's ability to practise as a disability worker; and\n\n(iv) subject to subsection (4), may require the applicant to undergo a health assessment, within a reasonable time stated in the notice and at a reasonable place.\n\n(2) The Board may require the applicant to verify by a statutory declaration the information or document referred to in subsection (1)(b).\n\n(3) If the Board requires an applicant to undertake an examination or assessment under subsection (1)(b) for the purpose of assessing the applicant's capacity to practise as a disability worker, the applicant must pay any relevant fee set by the Board.\n\n(4) A notice under subsection (1)(b)(iii) or (iv) must state—\n\n(a) the reason for the examination or assessment; and\n\n(b) the name and qualifications of the person appointed by the Board to conduct the examination or assessment; and\n\n(c) the place where, and the day and time at which, the examination or assessment is to be conducted.\n\n(5) The applicant is taken to have withdrawn the application if the applicant does not comply with a requirement made under subsection (1) within the stated time.\n\nDivision 2—General registration as a disability worker\n\n","sortOrder":154},{"sectionNumber":"154","sectionType":"section","heading":"Eligibility for general registration","content":"\t154 Eligibility for general registration\n\n(1) An individual is eligible for general registration as a disability worker if—\n\n(a) the individual is qualified for general registration; and\n\nSection 155 set out the qualifications for general registration.\n\n(b) the individual has completed successfully—\n\n(i) all periods of supervised practice as a disability worker in accordance with the relevant approved registration standard; or\n\n(ii) all examinations and assessments required by the relevant approved registration standard for the purpose of assessing the individual's ability to practise competently and safely as a disability worker; and\n\n(c) the Board decides that the individual is a suitable person to hold general registration; and\n\nSection 156 sets out the circumstances in which the Board may decide that an individual is not a suitable person to hold general registration.\n\n(d) the individual is not disqualified under this Act from applying for registration or from being registered; and\n\nS. 154(1)(e) amended by No. 17/2020 s. 13(5).\n\n(e) the individual meets all other requirements for registration stated in a relevant approved registration standard.\n\n(2) Without limiting subsection (1), the Board may decide that the individual is eligible for general registration by imposing a condition on the registration under section 172.\n\n","sortOrder":155},{"sectionNumber":"155","sectionType":"section","heading":"Qualifications for general registration","content":"\t155 Qualifications for general registration\n\nAn individual is qualified for general registration if—\n\n(a) the individual holds an approved qualification; or\n\n(b) the individual holds a qualification which the Board considers to be substantially equivalent to, or based on similar competencies to, an approved qualification; or\n\n(c) the individual holds a combination of qualifications or relevant experience or both that satisfies the Board that the individual has appropriate skills to practise as a disability worker with general registration.\n\n","sortOrder":156},{"sectionNumber":"156","sectionType":"section","heading":"Unsuitability to hold general registration","content":"\t156 Unsuitability to hold general registration\n\nThe Board may decide that an individual is not a suitable person to hold general registration if—\n\n(a) the individual has an impairment that detrimentally affects the individual's capacity to practise as a disability worker in a safe manner; or\n\nS. 156(b) substituted by No. 9/2023 s. 134.\n\n(b) having regard to one of the following, the individual is not an appropriate person to practise as a disability worker and it is not in the public interest for the individual to practise as a disability worker—\n\n(c) the individual's competency in speaking or otherwise communicating in English is not sufficient for the individual to practise as a disability worker; or\n\n(d) the individual's registration as a disability worker (however described) or as another type of health practitioner in another jurisdiction is suspended or cancelled on a ground for which an adjudication body could suspend or cancel the individual's registration in Victoria; or\n\n(e) the individual is subject to a prohibition or banning order under a law of the Commonwealth or a State or Territory in relation to the provision of health services or disability services or other services involving the care of children; or\n\n(f) the nature, extent, period and recency of any previous practice as a disability worker by the individual is not sufficient to meet the requirements specified in a relevant approved registration standard; or\n\n(g) the individual fails to meet any other requirement in a relevant approved registration standard about the suitability of individuals to be registered as disability workers or the ability to practise as a disability worker in a competent and safe manner; or\n\n(h) in the Board's opinion, taking into account any other factors, the individual—\n\n(i) is not a fit and proper person for registration as a disability worker; or\n\n(ii) is unable to practise as a disability worker in a competent and safe manner.\n\n","sortOrder":157},{"sectionNumber":"157","sectionType":"section","heading":"Period of general registration","content":"\t157 Period of general registration\n\n(1) The period of registration that applies to a disability worker to whom general registration is granted is the period (the ***registration period***), not more than 12 months, decided by the Board and published on the Board's Internet site.\n\n(2) If the Board grants general registration to a disability worker during a registration period, the registration of that disability worker—\n\nDivision 3—Limited registration as disability worker\n\n","sortOrder":158},{"sectionNumber":"158","sectionType":"section","heading":"Eligibility for limited registration","content":"\t158 Eligibility for limited registration\n\n(1) An individual is eligible for limited registration if—\n\n(a) the individual is not qualified for general registration under Division 2; and\n\n(b) the individual is qualified for limited registration under section 160(2), 161(2), 162(2) or 163(2), as the case requires; and\n\n(c) the Board decides that the individual is a suitable person to hold limited registration; and\n\n(d) the individual is not disqualified under this Act from applying for registration or from being registered; and\n\n(e) the individual meets all other requirements for registration stated in a relevant approved registration standard.\n\n(2) Without limiting subsection (1), the Board may decide that the individual is eligible for limited registration by imposing a condition on the registration under section 172.\n\n","sortOrder":159},{"sectionNumber":"159","sectionType":"section","heading":"Unsuitability to hold limited registration","content":"\t159 Unsuitability to hold limited registration\n\nThe Board may decide that an individual is not a suitable person to hold limited registration if—\n\n(a) the individual has an impairment that detrimentally affects the individual's capacity to practise as a disability worker in a safe manner; or\n\nS. 159(b) substituted by No. 9/2023 s. 135.\n\n(b) having regard to one of the following, the individual is not an appropriate person to practise as a disability worker and it is not in the public interest for the individual to practise as a disability worker—\n\n(c) the individual's competency in speaking or otherwise communicating in English is not sufficient for the individual to practise as a disability worker; or\n\n(d) the individual's registration as a disability worker (however described) or as another type of health practitioner in another jurisdiction is suspended or cancelled on a ground for which an adjudication body could suspend or cancel the individual's registration in Victoria; or\n\n(e) the individual is subject to a prohibition or banning order under a law of the Commonwealth or a State or Territory in relation to the provision of health services or disability services or other services involving the care of children; or\n\n(f) the nature, extent, period and recency of any previous practice as a disability worker by the individual is not sufficient to meet the requirements specified in a relevant approved registration standard; or\n\n(g) the individual fails to meet any other requirement in a relevant approved registration standard about the suitability of individuals to be registered as disability workers or the ability to practise as a disability worker in a competent and safe manner; or\n\n(h) in the Board's opinion, taking into account any other factors, the individual—\n\n(i) is not a fit and proper person for registration as a disability worker; or\n\n(ii) is unable to practise as a disability worker in a competent and safe manner.\n\n","sortOrder":160},{"sectionNumber":"160","sectionType":"section","heading":"Limited registration for training or supervised practice as a disability worker","content":"\t160 Limited registration for training or supervised practice as a disability worker\n\n(1) An individual may apply for limited registration to enable the individual—\n\n(a) to undertake a period of training or supervised practice as a disability worker; or\n\n(b) to undertake an assessment; or\n\n(c) to sit an examination that is approved by the Board.\n\n(2) An individual is qualified for limited registration for a purpose set out in subsection (1) if the Board is satisfied that the individual has completed a qualification that is relevant to, and suitable for, the training, the supervised practice as a disability worker or an assessment or examination referred to in subsection (1), as the case requires.\n\n","sortOrder":161},{"sectionNumber":"161","sectionType":"section","heading":"Limited registration for area of need","content":"\t161 Limited registration for area of need\n\n(1) An individual may apply for limited registration to enable the individual to practise as a disability worker in an area of need determined by the Minister under subsection (5).\n\n(2) An individual is qualified for limited registration for the purpose set out in subsection (1) if the Board is satisfied that the individual's qualifications and experience are relevant to, and suitable for, practising as a disability worker in the area of need.\n\n(3) The Board must consider the application but is not required to register the individual merely because there is an area of need.\n\n(4) If the Board grants the individual limited registration to enable the individual to practise as a disability worker in the area of need, the individual must not practise as a disability worker other than in the area of need specified in the individual's certificate of registration.\n\n(5) The Minister may determine that there is an area of need in Victoria, or in a part of Victoria, if the Minister considers there are insufficient disability workers practising in Victoria or that part of Victoria to meet the needs of persons living in Victoria or that part of Victoria.\n\n(6) If the Minister determines under subsection (5) that there is an area of need, the Minister must give the Board written notice of the determination.\n\n(7) The Minister may delegate the Minister's power under this section to a person who has the qualifications, experience or standing appropriate to the exercise of the power.\n\n","sortOrder":162},{"sectionNumber":"162","sectionType":"section","heading":"Limited registration in public interest","content":"\t162 Limited registration in public interest\n\n(1) An individual may apply for limited registration to enable the individual to practise as a disability worker for a limited time or in a limited scope.\n\n(2) An individual is qualified for limited registration for the purpose set out in subsection (1) if the Board is satisfied that it is in the public interest for an individual with the individual's qualifications and experience to practise as a disability worker for that limited time or in that limited scope.\n\n","sortOrder":163},{"sectionNumber":"163","sectionType":"section","heading":"Limited registration for teaching or research","content":"\t163 Limited registration for teaching or research\n\n(1) An individual may apply for limited registration to enable the individual to fill a teaching or research position.\n\n(2) The individual is qualified for limited registration for the purpose set out in subsection (1) if the Board is satisfied that the individual's qualifications are relevant to, and suitable for, the teaching or research position.\n\n","sortOrder":164},{"sectionNumber":"164","sectionType":"section","heading":"Limited registration not to be held for more than one purpose","content":"\t164 Limited registration not to be held for more than one purpose\n\nAn individual is not entitled to hold limited registration for more than one purpose referred to in this Division at the same time.\n\n","sortOrder":165},{"sectionNumber":"165","sectionType":"section","heading":"Period of limited registration","content":"\t165 Period of limited registration\n\n(1) The period of registration that applies to a disability worker to whom limited registration is granted is the period (the ***registration period***), not more than 12 months, decided by the Board and published on the Board's Internet site.\n\n(2) If the Board grants limited registration to a disability worker during a registration period, the registration of that disability worker—\n\nDivision 4—Non-practising registration as a disability worker\n\n","sortOrder":166},{"sectionNumber":"166","sectionType":"section","heading":"Eligibility for non-practising registration","content":"\t166 Eligibility for non-practising registration\n\nAn individual is eligible for non-practising registration if—\n\n(a) the individual holds or has held general registration under this Act; and\n\n(b) the Board decides that the individual is a suitable person to hold non-practising registration under this Act.\n\n","sortOrder":167},{"sectionNumber":"167","sectionType":"section","heading":"Unsuitability to hold non-practising registration","content":"\t167 Unsuitability to hold non-practising registration\n\nThe Board may decide that an individual is not a suitable person to hold non-practising registration if—\n\nS. 167(a) substituted by No. 9/2023 s. 136.\n\n(a) having regard to one of the following, the individual is not a fit and proper person to hold non-practising registration—\n\n(b) taking into account any other circumstances, the individual is not a fit and proper person to hold non-practising registration.\n\n","sortOrder":168},{"sectionNumber":"168","sectionType":"section","heading":"Person holding non-practising registration must not practise as a disability worker","content":"\t168 Person holding non-practising registration must not practise as a disability worker\n\n(1) A person who holds non-practising registration must not practise as a disability worker.\n\n(2) A contravention of subsection (1) may constitute behaviour for which health, conduct or performance action may be taken.\n\n","sortOrder":169},{"sectionNumber":"169","sectionType":"section","heading":"Period of non-practising registration","content":"\t169 Period of non-practising registration\n\n(1) The period of registration that applies to a disability worker to whom non-practising registration is granted is the period (the ***registration period***), not more than 12 months, decided by the Board and published on the Board's Internet site.\n\n(2) If the Board grants non-practising registration to a disability worker during a registration period, the registration of that disability worker—\n\nDivision 5—Decision about application for registration\n\n","sortOrder":170},{"sectionNumber":"170","sectionType":"section","heading":"Applicant may make submissions about proposed refusal of application or imposition of condition","content":"\t170 Applicant may make submissions about proposed refusal of application or imposition of condition\n\n(1) If, after considering an application for registration, the Board proposes to refuse registration or to grant registration subject to a condition, the Board must give the applicant written notice of the Board's proposed actions.\n\n(a) state the reasons for the Board's proposed actions; and\n\n(b) invite the applicant to make a written or verbal submission to the Board before the date stated in the notice, being a date not less than 30 days after the day on which the notice is given.\n\n","sortOrder":171},{"sectionNumber":"171","sectionType":"section","heading":"Decision about application for registration","content":"\t171 Decision about application for registration\n\nAfter considering an application for registration and any submission made under section 170, the Board—\n\n(a) must grant registration in the division of the Register for which the application was made if the applicant is eligible to be registered in that division and must grant—\n\n(i) the type of registration for which the application was made if the applicant is eligible for that type of registration; or\n\n(ii) a type of registration other than the type of registration for which the application was made if the applicant is eligible for that other type of registration; or\n\n(b) must refuse to grant registration if—\n\n(i) the applicant is ineligible for registration; or\n\n(ii) the applicant sought to rely on information or a document given to the Board in relation to the application and that information or document was false or misleading in a material particular.\n\n","sortOrder":172},{"sectionNumber":"172","sectionType":"section","heading":"Conditions of registration","content":"\t172 Conditions of registration\n\n(1) If the Board registers a person, the registration is subject to any condition that the Board considers necessary or desirable in the circumstances.\n\nA failure by a registered disability worker to comply with a condition of the registration may constitute behaviour for which health, conduct or performance action may be taken.\n\n(2) If the Board registers the person subject to a condition, the Board must decide a review period for the condition.\n\n","sortOrder":173},{"sectionNumber":"173","sectionType":"section","heading":"Notice of decision to be given to applicant","content":"\t173 Notice of decision to be given to applicant\n\n(1) Within 30 days after making a decision under section 171, the Board—\n\n(a) must give the applicant a written notice of the Board's decision; and\n\n(b) if the Board registers the applicant, must give the applicant a certificate of registration.\n\n(2) If the Board decides not to register the applicant, or to register the applicant for a type of registration, or in a division of the Register, other than that applied for, or subject to a condition, the notice must state—\n\n(a) the reasons for the decision; and\n\n(b) that the applicant may apply for review of the decision; and\n\n","sortOrder":174},{"sectionNumber":"174","sectionType":"section","heading":"Failure to decide application","content":"\t174 Failure to decide application\n\nIf the Board fails to decide an application for registration within 90 days after its receipt, or any longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse registration.\n\nDivision 6—Endorsement of registration\n\n","sortOrder":175},{"sectionNumber":"175","sectionType":"section","heading":"Approval of areas of practice for purposes of endorsement","content":"\t175 Approval of areas of practice for purposes of endorsement\n\nThe Minister may approve an area of practice for registered disability workers as an area of practice for which the registration of a disability worker may be endorsed if—\n\n(a) the Board has recommended to the Minister the area of practice; and\n\n(b) the Minister is satisfied that—\n\n(i) the endorsement is necessary for a disability worker to be authorised under another Act to carry out certain acts; or\n\n(ii) it is in the public interest to identify disability workers with additional training and competencies in the area of practice by endorsing their registration.\n\n","sortOrder":176},{"sectionNumber":"176","sectionType":"section","heading":"Notification and publication of directions and approvals","content":"\t176 Notification and publication of directions and approvals\n\nA copy of any approval given to the Board by the Minister under section 175—\n\n(a) must be given to the chairperson of the Board; and\n\n(b) must be published by the Board on its Internet site as soon as practicable after being received by the chairperson.\n\n","sortOrder":177},{"sectionNumber":"177","sectionType":"section","heading":"Endorsement for approved area of practice","content":"\t177 Endorsement for approved area of practice\n\n(1) The Board, in accordance with an approval given by the Minister under section 175, may endorse the registration of a registered disability worker as being qualified to practise in an approved area of practice if the disability worker—\n\n(a) holds either of the following qualifications relevant to the endorsement—\n\n(i) an approved qualification;\n\n(ii) another qualification that, in the Board's opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n\n(b) complies with an approved registration standard relevant to the endorsement.\n\n(2) An endorsement under subsection (1) must state—\n\n(a) the approved area of practice to which the endorsement relates; and\n\n(b) any condition applicable to practising as a disability worker in the approved area of practice.\n\n","sortOrder":178},{"sectionNumber":"178","sectionType":"section","heading":"Application for endorsement","content":"\t178 Application for endorsement\n\n(1) An individual (other than a disability student) may apply to the Board for endorsement of the individual's registration.\n\n(2) The application must be—\n\n(a) in the form approved by the Board; and\n\n(b) accompanied by the relevant fee; and\n\n(c) accompanied by any other information reasonably required by the Board.\n\n(3) For the purposes of subsection (2)(c), the information that the Board may require an applicant to provide includes and is not limited to—\n\n(a) evidence of the qualifications that the applicant believes qualifies the applicant for endorsement; and\n\n(b) evidence of successful completion of all periods of supervised practice as a disability worker required by a relevant approved registration standard; and\n\n(c) if the applicant is required to complete an examination or assessment set by or on behalf of the Board, evidence of the successful completion of the examination or assessment.\n\n","sortOrder":179},{"sectionNumber":"179","sectionType":"section","heading":"Board's other powers before deciding about application for endorsement","content":"\t179 Board's other powers before deciding about application for endorsement\n\n(1) Before deciding about an application for endorsement, the Board—\n\n(a) may investigate the applicant; and\n\nThe Board may ask an entity that issues qualifications that the applicant believes qualifies the applicant for endorsement for confirmation that the qualification was issued to the applicant.\n\n(b) by written notice to the applicant, may require the applicant—\n\n(i) to give the Board, within a reasonable time stated in the notice, further information or a document that the Board reasonably requires to decide the application; or\n\n(ii) to attend before the Board, within a reasonable time and at a reasonable place stated in the notice, to answer any questions of the Board relating to the application; or\n\n(iii) to undergo a written, oral or practical examination, within a reasonable time and at a reasonable place stated in the notice.\n\n(2) The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1).\n\n\t180 Applicant may make submissions about proposed refusal of application for endorsement or imposition of condition on endorsement\n\n(1) If, after considering an application for endorsement of a registration, the Board proposes to refuse to endorse the applicant's registration or to endorse the applicant's registration subject to a condition, the Board must give the applicant written notice of the Board's proposed decision.\n\n(a) state the reasons for the Board's proposed decision; and\n\n(b) invite the applicant to make a written or verbal submission to the Board before the date stated in the notice, being a date not less than 30 days after the day on which the notice is given.\n\n","sortOrder":180},{"sectionNumber":"181","sectionType":"section","heading":"Decision about application for endorsement","content":"\t181 Decision about application for endorsement\n\n(1) After considering an application for endorsement and any submissions made in accordance with a notice under section 180, the Board must endorse, or refuse to endorse, the applicant's registration as sought.\n\n(2) Without limiting subsection (1), the Board may refuse to endorse an applicant's registration if—\n\n(a) the applicant is not qualified for the endorsement under section 177; or\n\n(b) the Board considers the applicant is not competent to practise as a disability worker in the area of practice in relation to which the endorsement is sought.\n\n","sortOrder":181},{"sectionNumber":"182","sectionType":"section","heading":"Conditions of endorsement","content":"\t182 Conditions of endorsement\n\n(1) If the Board endorses the applicant's registration under section 177, the Board may impose on the endorsement any condition that the Board considers necessary or desirable in the circumstances.\n\n(2) If the Board imposes a condition on the endorsement, the Board must also decide a review period for the condition.\n\n","sortOrder":182},{"sectionNumber":"183","sectionType":"section","heading":"Notice of decision to be given to applicant","content":"\t183 Notice of decision to be given to applicant\n\n(1) As soon as practicable after making a decision under section 177, the Board—\n\n(a) must give the applicant written notice of the Board's decision; and\n\n(b) if the Board decides to endorse the applicant's registration, give the applicant a new certificate of registration.\n\n(2) If the Board decides not to endorse the applicant's registration or decides to endorse the applicant's registration subject to a condition, the notice under subsection (1)(a) must state—\n\n(a) the reasons for the decision; and\n\n(b) that the applicant may apply for review of the decision; and\n\n","sortOrder":183},{"sectionNumber":"184","sectionType":"section","heading":"Period of endorsement","content":"\t184 Period of endorsement\n\nIf the Board decides to endorse a disability worker's registration, the endorsement—\n\n(a) starts when the Board endorses the registration; and\n\n(b) expires when the disability worker's registration ends.\n\n","sortOrder":184},{"sectionNumber":"185","sectionType":"section","heading":"Failure to decide application for endorsement","content":"\t185 Failure to decide application for endorsement\n\nIf the Board fails to decide an application for endorsement within 90 days after its receipt, or any longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a refusal to endorse the applicant's registration.\n\n","sortOrder":185},{"sectionNumber":"Div 7","sectionType":"division","heading":"Renewal of registration","content":"Division 7—Renewal of registration\n\n","sortOrder":186},{"sectionNumber":"186","sectionType":"section","heading":"Application for renewal of registration","content":"\t186 Application for renewal of registration\n\n(1) A registered disability worker may apply to the Board for renewal of the disability worker's registration.\n\n(2) An application for renewal of a registration must be made not later than one month after the period of registration ends.\n\n(3) The application for renewal of registration—\n\n(a) must be in the form approved by the Board; and\n\n(b) must be accompanied by—\n\n(i) the relevant fee; and\n\n(ii) if the application for renewal is made after the period of registration ends, the relevant fee for a late application; and\n\n(iii) the annual statement in accordance with section 188; and\n\n(iv) any other information that is reasonably required by the Board.\n\n","sortOrder":187},{"sectionNumber":"187","sectionType":"section","heading":"Registration taken to continue in force","content":"\t187 Registration taken to continue in force\n\n(1) If a registered disability worker applies under section 186 to renew the disability worker's registration, the registration continues in force from the day it would, but for this section, have ended until—\n\n(a) if the Board renews the registration, the day on which a new certificate of registration is issued; or\n\n(b) if the Board refuses to renew the registration, the day on which the disability worker is given notice of the refusal.\n\n(2) If a registered disability worker does not apply to renew the disability worker's registration before the period of registration ends, the registration, including any endorsement of the registration, continues in force until—\n\n(a) the end of the day that is one month after the day on which the period of registration would, but for this section, have ended; or\n\n(b) if the disability worker applies for renewal of the registration not later than one month after the period of registration ends, the day referred to in subsection (1)(a) or (b), as the case requires.\n\n(3) Subsections (1) and (2) do not apply if the registration is cancelled earlier under this Act.\n\n","sortOrder":188},{"sectionNumber":"188","sectionType":"section","heading":"Annual statement","content":"\t188 Annual statement\n\n(1) For the purposes of section 186(3)(b)(iii), an annual statement accompanying an application for renewal of registration must include—\n\n(a) a declaration by the applicant that the applicant—\n\n(i) does not have an impairment that detrimentally affects the applicant's capacity to practise as a disability worker in a safe manner; and\n\n(ii) has met any recency of practice requirements stated in a relevant approved registration standard; and\n\n(iii) has completed the continuing professional development that the applicant was required to undertake during the applicant's preceding period of registration in accordance with an approved registration standard; and\n\n(iv) has not practised as a disability worker during the preceding period of registration without appropriate professional indemnity insurance arrangements being in place; and\n\n(v) unless appropriate professional indemnity insurance arrangements are in place in relation to the applicant, if the applicant's registration is renewed, the applicant will not practise as a disability worker; and\n\n(b) details of any change in the applicant's criminal history that occurred during the applicant's preceding period of registration; and\n\nS. 188(1)(ba) inserted by No. 9/2023 s. 137.\n\n(ba) if the applicant has been given an NDIS clearance, details of any suspension, revocation, expiry or surrender of the NDIS clearance; and\n\n(c) details of any notifications or complaints made under this Act about the applicant to Board or the Commission; and\n\n(d) details of any notifications or complaints made about the applicant to—\n\n(i) the Health Complaints Commissioner; or\n\nS. 188(1)(d)(ii) amended by No. 39/2022 s. 822(2) (as amended by No. 20/2023 s. 49(11)).\n\n(ii) the Mental Health and Wellbeing Commission; or\n\n(iii) the Public Advocate; or\n\n(iv) any entity of the Commonwealth or another State or a Territory that is equivalent to an entity referred to in subparagraph (i), (ii) or (iii); or\n\n(v) the NDIS Quality and Safeguards Commission; or\n\n(vi) a registration authority within the meaning of the Health Practitioner Regulation National Law; or\n\n(vii) a prescribed body; and\n\n(e) any other information required by an approved registration standard.\n\n(2) Subsection (1)(a)(ii), (iii) and (iv), (c) and (d) do not apply to an applicant who is applying for the renewal of non-practising registration.\n\n","sortOrder":189},{"sectionNumber":"189","sectionType":"section","heading":"Board's powers before decision about application for renewal of registration","content":"\t189 Board's powers before decision about application for renewal of registration\n\nBefore deciding about an application for renewal of registration, the Board may exercise a power under section 153 as if the application for renewal were an application for registration made under section 151.\n\n\t190 Applicant may make submissions about proposed refusal of application for renewal of registration or imposition of condition\n\n(1) If, after considering an application for renewal of registration, the Board proposes to refuse to renew the applicant's registration or to renew the applicant's registration subject to a new condition, the Board must give the applicant written notice of the proposal.\n\n(a) state the reasons for the proposal; and\n\n(b) invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day on which the notice is given to the applicant.\n\n","sortOrder":190},{"sectionNumber":"191","sectionType":"section","heading":"Decision about application for renewal of registration","content":"\t191 Decision about application for renewal of registration\n\n(1) After considering an application for renewal of registration and any submissions made in accordance with a notice under section 190, the Board may decide—\n\n(a) to renew the registration, subject to any condition that the Board considers necessary or desirable in the circumstances; or\n\nS. 191(1)(a) renumbered as s. 191(1)(b) by No. 17/2020 s. 13(6).\n\n(b) to refuse to renew the registration on a ground referred to in subsection (2).\n\n(2) The Board may refuse to renew the applicant's registration on any of the following grounds—\n\n(a) if the application were for a grant of registration, the applicant would be ineligible for registration;\n\n(b) the applicant has not satisfied the Board of the applicant's continued competence to practise as a disability worker;\n\n(c) the applicant contravened any condition to which the applicant's previous registration was subject;\n\n(d) during the applicant's previous period of registration, the applicant failed to have appropriate professional indemnity insurance arrangements in place or failed to complete the continuing professional development required by a relevant approved registration standard;\n\n(e) a statement made by the applicant in the applicant's annual statement was false or misleading in a material particular;\n\n(f) the applicant sought to rely on information or a document given to the Board in relation to the application and that information or document was false or misleading in a material particular.\n\nS. 191(3) repealed by No. 17/2020 s. 7.\n\n(4) If the Board decides to renew an applicant's registration subject to a condition, the Board must decide a review period for the condition.\n\n(5) If the Board refuses to renew an applicant's registration or decides to renew the registration subject to a condition, within 30 days after making the decision, the Board must give the applicant a notice that states—\n\n(a) the Board's decision; and\n\n(b) the reasons for the decision; and\n\n(c) that the applicant may apply for review of the Board's decision; and\n\n(d) how an application for review may be made and the period within which the application must be made.\n\n","sortOrder":191},{"sectionNumber":"192","sectionType":"section","heading":"Period of renewed registration","content":"\t192 Period of renewed registration\n\nA registration renewed under this Part—\n\n(a) starts on the day immediately after the day on which the applicant's previous period of registration ends or ended; and\n\n(b) expires at the end of the day that is 12 months after the day it starts.\n\n","sortOrder":192},{"sectionNumber":"Div 8","sectionType":"division","heading":"Disability student registration","content":"Division 8—Disability student registration\n\n","sortOrder":193},{"sectionNumber":"193","sectionType":"section","heading":"Who may be registered as a disability student?","content":"\t193 Who may be registered as a disability student?\n\n(1) Subject to this Division, the Board may register as a disability student any person who is undertaking an approved program of study that is required by the Board for registration as a disability student.\n\n(2) Registration as a disability student may be—\n\n(a) for the entire period during which the person is enrolled in the approved program of study; or\n\n(b) for the period starting when the person began a particular part of the approved program of study and ending when the person completes, or otherwise ceases to be enrolled in, the program.\n\n","sortOrder":194},{"sectionNumber":"194","sectionType":"section","heading":"Board may ask education provider for list of persons undertaking approved program of study","content":"\t194 Board may ask education provider for list of persons undertaking approved program of study\n\n(1) For the purposes of registering persons as disability students, the Board, at any time by written notice given to an education provider, may ask the provider for the following—\n\n(a) the information referred to in section 250(2) about any person who is undertaking an approved program of study;\n\n(b) the information referred to in section 250(2) about any person who will be undertaking the part of the approved program of study.\n\n(2) An education provider who is given a notice under subsection (1) must not fail, without reasonable excuse, to comply with the notice.\n\n(3) If an education provider fails to comply with a notice under subsection (1), the Board may—\n\n(a) publish details of the failure to comply with the notice on the Board's Internet site; and\n\n(b) include a statement about the failure to comply with the notice in the Board's annual report.\n\n(4) If the Board proposes taking action under subsection (3), the Board must—\n\n(b) invite the education provider to make a submission to the Board, within 30 days after receipt of the notice.\n\n(5) A notice given to an education provider under subsection (3), and any submission made by the education provider in accordance with the notice, may be written or verbal.\n\n(6) The Board must have regard to any submission made by the education provider in accordance with this section in deciding whether to take the proposed action under subsection (3).\n\n","sortOrder":195},{"sectionNumber":"195","sectionType":"section","heading":"Registration of disability students","content":"\t195 Registration of disability students\n\n(1) On receipt of the information about a person requested under section 194, the Board may register the person as a student in the Disability Students Register by entering the information in the Disability Students Register.\n\n(2) The Board must not register a person as a disability student if the person is a registered disability worker.\n\n(3) The Board must not require a person to pay a relevant fee for registration as a disability student.\n\n(4) A person undertaking an approved program of study required by the Board for registration as a disability student must be registered before undertaking any supervised practice.\n\n","sortOrder":196},{"sectionNumber":"196","sectionType":"section","heading":"Conditions of registration as a disability student","content":"\t196 Conditions of registration as a disability student\n\n(1) If the Board registers a person as a disability student, the registration is subject to any condition that the Board considers necessary or desirable in the circumstances.\n\n(2) If the Board registers a person as a disability student subject to a condition, the Board must decide a review period for the condition.\n\n","sortOrder":197},{"sectionNumber":"197","sectionType":"section","heading":"Notice of decision to be given to education provider","content":"\t197 Notice of decision to be given to education provider\n\n(1) Within 30 days after making a decision under section 193, the Board must give the relevant education provider a written notice of the Board's decision.\n\n(2) If the Board decides not to register a person as a disability student, or to register the person subject to a condition, the notice must state the reasons for the decision.\n\n(3) As soon as practicable after receiving notice that a person has been registered as a disability student under subsection (1), the education provider must give written notice of the registration to the person.\n\n","sortOrder":198},{"sectionNumber":"198","sectionType":"section","heading":"Period of student registration","content":"\t198 Period of student registration\n\nThe period of registration for a disability student—\n\n(a) starts when the Board grants the disability student registration; and\n\n(b) expires at the end of the day on which the disability student completes, or otherwise ceases to be enrolled in, the approved program of study.\n\n","sortOrder":199},{"sectionNumber":"Div 9","sectionType":"division","heading":"Certificates of registration and surrender of registration","content":"Division 9—Certificates of registration and surrender of registration\n\n","sortOrder":200},{"sectionNumber":"199","sectionType":"section","heading":"Issue of certificate of registration","content":"\t199 Issue of certificate of registration\n\n(1) The Board must give a registered disability worker a certificate of registration as soon as practicable after any of the following occurs in relation to the registered disability worker—\n\n(a) the Board registers the disability worker;\n\n(b) the Board renews the registration of the disability worker;\n\n(c) the Board or an adjudication body imposes, changes or removes a condition on the registration or otherwise changes the registration in a material way;\n\n(d) the Board or an adjudication body accepts an undertaking from the disability worker or changes or revokes such an undertaking;\n\n(e) the Board endorses a registration;\n\n(f) the Board imposes or changes a condition on an endorsement on a registration or removes a condition from an endorsement on a registration.\n\n(2) A certificate of registration must include the following—\n\n(a) the name of the registered disability worker;\n\n(b) the date on which the registration was granted;\n\n(c) the type of registration granted;\n\n(d) the division of the Register of Disability Workers in which the disability worker is registered;\n\n(e) any endorsement of the registration;\n\n(f) any condition to which the registration or endorsement is subject;\n\n(g) any undertaking given by the disability worker to the Board or the adjudication body;\n\n(h) the date on which the registration expires;\n\n(i) any other information which the Board considers appropriate.\n\n","sortOrder":201},{"sectionNumber":"200","sectionType":"section","heading":"Surrender of registration","content":"\t200 Surrender of registration\n\n(1) A registered disability worker, by written notice given to the Board, may surrender the disability worker's registration.\n\n(2) The surrender of the registration takes effect on—\n\n(a) the day on which the Board receives the notice under subsection (1); or\n\n(b) the later day stated in the notice.\n\n","sortOrder":202},{"sectionNumber":"Div 10","sectionType":"division","heading":"Review of conditions and undertakings","content":"Division 10—Review of conditions and undertakings\n\n","sortOrder":203},{"sectionNumber":"201","sectionType":"section","heading":"Changing or removing conditions or undertaking on application by registered disability workers or disability students","content":"\t201 Changing or removing conditions or undertaking on application by registered disability workers or disability students\n\n(1) Subject to subsections (2) and (3), a registered disability worker or disability student may apply to the Board—\n\n(a) in the case of a registered disability worker—\n\n(i) to change or remove a condition imposed on the disability worker's registration or endorsement; or\n\n(ii) to change or revoke an undertaking given by the disability worker to the Board; or\n\n(b) in the case of a disability student—\n\n(i) to change or remove a condition imposed on the disability student's registration; or\n\n(ii) to change or revoke an undertaking given by the disability student to the Board.\n\n(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.\n\n(3) An application made under subsection (1)—\n\n(a) must be in the form approved by the Board; and\n\n(b) must be accompanied by any other information which is reasonably required by the Board.\n\n(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.\n\n(5) The Board must grant the application or refuse to grant the application.\n\n(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.\n\n(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—\n\n(a) the decision; and\n\n(b) if the Board has decided a review period for a condition or undertaking, details of the review period.\n\n(8) If the Board refuses to grant the application, the notice must state—\n\n(a) the reasons for the decision made by the Board; and\n\n(b) that the registered disability worker or disability student may apply for review of the decision; and\n\n","sortOrder":204},{"sectionNumber":"202","sectionType":"section","heading":"Changing conditions on Board's initiative","content":"\t202 Changing conditions on Board's initiative\n\n(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—\n\n(a) that the Board proposes to change the condition; and\n\n(b) how the Board proposes to change the condition; and\n\n(c) the reason for the proposed change; and\n\n(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.\n\n(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.\n\n(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.\n\n(4) The Board must consider any submission made under subsection (3) and decide whether or not to change the condition.\n\n(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.\n\n(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—\n\n(a) the decision; and\n\n(b) if the Board has decided a review period for a condition, details of the review period.\n\n(7) If the Board changes the condition, the notice must state—\n\n(a) the reasons for the decision made by the Board; and\n\n(b) that the registered disability worker or disability student may apply for review of the decision; and\n\n","sortOrder":205},{"sectionNumber":"203","sectionType":"section","heading":"Removal of condition or revocation of undertaking","content":"\t203 Removal of condition or revocation of undertaking\n\n(1) Subject to subsections (2) and (3), the Board may decide to remove a condition on a registration or revoke an undertaking given by a registered disability worker or disability student if the Board reasonably believes that—\n\n(a) the condition imposed on the registration is no longer necessary; or\n\n(b) the undertaking given to the Board is no longer necessary.\n\n(2) The Board must not remove 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.\n\n(3) As soon as practicable after making the decision, the Board must give notice of the decision to the registered disability worker or disability student.\n\n(4) A decision to remove a condition or revoke an undertaking takes effect on the date stated in the notice.\n\n","sortOrder":206},{"sectionNumber":"Part 12","sectionType":"part","heading":"Obligations of registered disability workers, disability students and education providers","content":"Part 12—Obligations of registered disability workers, disability students and education providers\n\n","sortOrder":207},{"sectionNumber":"204","sectionType":"section","heading":"Definition of *relevant entity*","content":"\t204 Definition of *relevant entity*\n\nS. 204 def. of *relevant entity* amended by No. 39/2022 s. 822(3) (as amended by No. 20/2023 s. 49(12)).\n\n***relevant entity*** means—\n\n(a) the Health Complaints Commissioner; or\n\n(b) the Mental Health and Wellbeing Commission; or\n\n(c) the Public Advocate; or\n\n(d) any entity of the Commonwealth or another State or a Territory that is equivalent to an entity referred to in paragraph (a), (b) or (c); or\n\n(e) the NDIS Quality and Safeguards Commission; or\n\n(f) a registration authority within the meaning of the Health Practitioner Regulation National Law.\n\n","sortOrder":208},{"sectionNumber":"205","sectionType":"section","heading":"Continuing professional development","content":"\t205 Continuing professional development\n\n(1) A registered disability worker, other than a disability worker who holds non-practising registration, must undertake the continuing professional development required under an approved registration standard.\n\n(2) A contravention of subsection (1) by a registered disability worker does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\n","sortOrder":209},{"sectionNumber":"206","sectionType":"section","heading":"Professional indemnity insurance arrangements","content":"\t206 Professional indemnity insurance arrangements\n\n(1) A registered disability worker must not practise as a disability worker unless appropriate professional indemnity insurance arrangements are in place.\n\n(2) The Board may require, at any time by written notice, a registered disability worker to give the Board evidence of the appropriate professional indemnity insurance arrangements that are in place.\n\n(3) A registered disability worker must not, without reasonable excuse, fail to comply with a written notice given to the disability worker under subsection (2).\n\n(4) A contravention of subsection (1) or (3) by a registered disability worker does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\n(5) In this section—\n\n***registered disability worker*** does not include a disability worker who holds non-practising registration.\n\n","sortOrder":210},{"sectionNumber":"207","sectionType":"section","heading":"Registered disability worker or disability student to give Board notice of certain events","content":"\t207 Registered disability worker or disability student to give Board notice of certain events\n\n(1) A registered disability worker or disability student must, within 7 days after becoming aware that a relevant event has occurred in relation to the disability worker or disability student, give the Board written notice of the event.\n\n(2) A contravention of subsection (1) by a registered disability worker or disability student does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\nS. 207(3) def. of *relevant event* amended by Nos 19/2019 s. 230, 34/2020 s. 202.\n\n***relevant event*** means—\n\n(a) in relation to a registered disability worker—\n\n(i) the disability worker is charged, whether in Victoria or elsewhere, with an offence punishable by 12 months imprisonment or more; or\n\n(ii) the disability worker is convicted of or the subject of a finding of guilt for an offence, whether in Victoria or elsewhere, punishable by imprisonment; or\n\n(iii) appropriate professional indemnity insurance arrangements are no longer in place; or\n\n(iv) the disability worker's right to practise at a hospital or another facility from which disability services are provided is withdrawn or restricted because of the disability worker's conduct, performance or health; or\n\n(v) the disability worker's billing privileges are withdrawn or restricted under the Human Services (Medicare) Act 1973 of the Commonwealth because of the disability worker's conduct, professional performance or health; or\n\n(vi) the disability worker's authority  \nunder a law of a State or Territory to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines is cancelled or restricted; or\n\n(vii) a complaint or notification is made about the disability worker to a relevant entity; or\n\n(viii) the disability worker's registration under the law of another jurisdiction that provides for the registration of disability workers is suspended or cancelled or made subject to a condition or another restriction; or\n\n(ix) the disability worker's registration as a health practitioner within the meaning of the Health Practitioner Regulation National Law is suspended, cancelled or made subject to a condition, prohibition order or other restriction under the Health Practitioner Regulation National Law; or\n\n(x) the disability worker has been given an exclusion or has had a clearance suspended or revoked;\n\n(xii) the disability worker has been refused registration as an NDIS registered provider under the NDIS Act or that registration has been suspended or revoked; or\n\n(xiii) the disability worker has been given an interim exclusion; or\n\n(xiv) the disability worker is subject to a banning order under the NDIS Act; or\n\n(xv) the disability worker is the subject of a prohibition order or banning order under any other Act in relation to the provision of health services or disability services or other services involving the care of children; and\n\n(b) in relation to a disability student, the disability student's registration under the law of another jurisdiction that provides for the registration of disability students (however described) has been suspended or cancelled.\n\n","sortOrder":211},{"sectionNumber":"208","sectionType":"section","heading":"Change in principal place of practice, address or name","content":"\t208 Change in principal place of practice, address or name\n\n(1) A registered disability worker must, within 30 days after any of the following changes happening, give the Board written notice of the change and any evidence providing proof of the change required by the Board—\n\n(a) a change in the place from which the registered disability worker principally practises as a disability worker;\n\n(b) a change in the address provided by the registered disability worker as the address the Board should use in corresponding with the disability worker;\n\n(c) a change in the registered disability worker's name.\n\n(2) A contravention of subsection (1) by a registered disability worker does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\n","sortOrder":212},{"sectionNumber":"209","sectionType":"section","heading":"Board may ask registered disability worker for information","content":"\t209 Board may ask registered disability worker for information\n\n(1) The Board may request by notice in writing a registered disability worker to give to the Board the following information in writing—\n\n(a) if the disability worker is self-employed and shares premises with registered health practitioners or other registered disability workers with whom the disability worker shares the cost of the premises—\n\n(i) that the disability worker is self‑employed; and\n\n(ii) the address of each of the premises from which the disability worker practises as a disability worker; and\n\n(iii) if the disability worker practises as a disability worker under a business name or names, each business name; and\n\n(iv) the names of the registered health practitioners and other registered disability workers with whom the disability worker shares premises;\n\n(b) if the registered disability worker is self‑employed and paragraph (a) does not apply—\n\n(i) that the disability worker is self‑employed; and\n\n(ii) the address of each of the premises from which the disability worker practises as a disability worker; and\n\n(iii) if the disability worker practises as a disability worker under a business name or names, each business name;\n\n(c) if the disability worker is engaged by  \none or more entities under a contract of employment, a contract for services or any other arrangement or agreement, the name, address and contact details of each entity;\n\n(d) if the disability worker practises as a disability worker for or on the behalf of one or more entities, whether in an honorary capacity, as a volunteer or otherwise, and if the disability worker receives payment from an entity, the name, address and contact details of each entity;\n\n(e) if the disability worker practises as a disability worker under a name or names that are not the same as the name under which the disability worker is registered under this Act, the other name or names;\n\n(f) details of the disability worker's continued competence to practise as a disability worker;\n\n(g) details of any complaint or notification made against the disability worker to a relevant entity;\n\nS. 209(1)(h) amended by No. 19/2019 s. 231(a), substituted by No. 34/2020 s. 203(a).\n\n(h) whether the disability worker has been given an exclusion or has had a clearance suspended or revoked;\n\nS. 209(1)(i) amended by No. 19/2019 s. 231(b), repealed by No. 34/2020 s. 203(c).\n\nS. 209(1)(j) amended by No. 19/2019 s. 231(c), substituted by No. 34/2020 s. 203(b).\n\n(j) whether the disability worker has been given an interim exclusion;\n\n(k) whether the disability worker is subject to a banning order under the NDIS Act;\n\n(l) whether the disability worker is the subject of a prohibition order.\n\n(2) The registered disability worker must not, without reasonable excuse, fail to comply with the notice from the Board.\n\n(3) A contravention of subsection (2) by a registered disability worker does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\n***premises from which the disability worker practises as a disability worker*** does not include the residential premises of a person to whom disability services are provided by the disability worker.\n\n","sortOrder":213},{"sectionNumber":"210","sectionType":"section","heading":"Report by education providers to Board of cessation of status as disability student","content":"\t210 Report by education providers to Board of cessation of status as disability student\n\n(1) This section applies if a disability student completes, or otherwise ceases to be enrolled in, an approved program of study to be a disability worker provided by an education provider.\n\n(2) The education provider must give written notice of the disability student ceasing to be enrolled in the approved program of study to the Board within 60 days after the cessation.\n\n(3) If an education provider contravenes subsection (2), the Board may—\n\n(a) publish details of the contravention on the Board's Internet site; and\n\n(b) include a statement about the contravention in the Board's annual report.\n\n(4) If the Board proposes taking action under subsection (3), the Board must—\n\n(b) invite the education provider to make a submission to the Board, within 30 days after receipt of the notice.\n\n(5) A notice given to an education provider under subsection (4), and any submission made by the education provider in accordance with the notice, may be written or verbal.\n\n(6) The Board must have regard to any submission made by the education provider in accordance with this section in deciding whether to take the proposed action under subsection (3).\n\nPart 13—VCAT\n\nDivision 1—Referring matters to VCAT\n\n\t211 Matters to be referred to VCAT relating to registered disability workers and disability students\n\n(1) The Board must refer a matter about a registered disability worker or disability student to VCAT if—\n\n(a) in the case of a registered disability worker, the Board reasonably believes, based on a notification or a complaint or for any other reason, that—\n\n(i) the disability worker has behaved in a way that constitutes professional misconduct; or\n\n(ii) the disability worker's registration was improperly obtained because the disability worker or someone else gave the Board information or a document that was false or misleading in a material particular; or\n\n(b) a panel requires the Board to refer the matter to VCAT.\n\n(2) The Board must give written notice of the referral to the registered disability worker or disability student to whom the matter relates.\n\n","sortOrder":214},{"sectionNumber":"212","sectionType":"section","heading":"Parties to proceeding for matter referred to VCAT","content":"\t212 Parties to proceeding for matter referred to VCAT\n\nThe parties to a proceeding in relation to a matter referred to in section 211 are—\n\n(b) the Board.\n\n","sortOrder":215},{"sectionNumber":"213","sectionType":"section","heading":"Determination by VCAT about registered disability worker","content":"\t213 Determination by VCAT about registered disability worker\n\n(1) After hearing a matter about a registered disability worker, VCAT may determine—\n\n(a) that the disability worker has no case to answer and no further action is to be taken in relation to the matter; or\n\n(b) one or more of the following—\n\n(i) that the disability worker has behaved in a way that constitutes unsatisfactory professional performance;\n\n(ii) that the disability worker has behaved in a way that constitutes unprofessional conduct;\n\n(iii) that the disability worker has behaved in a way that constitutes professional misconduct;\n\n(iv) that the disability worker has an impairment which detrimentally affects the disability worker's capacity to provide disability services in a safe manner;\n\n(v) that the disability worker's registration was improperly obtained because the disability worker or someone else gave the Board information or a document that was false or misleading in a material particular.\n\n(2) If VCAT makes a determination referred to in subsection (1)(b), VCAT may by order do one or more of the following—\n\n(a) caution or reprimand the disability worker;\n\n(b) impose a condition on the disability worker's registration;\n\n(c) require the disability worker to pay a fine of not more than $30 000 to the Board;\n\n(d) suspend the disability worker's registration for a specified period;\n\n(e) cancel the disability worker's registration.\n\n(3) Before making an order under subsection (2), VCAT may take into account—\n\n(a) any prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act and that is imposed on the registered disability worker; or\n\n(b) a banning order imposed on the registered disability worker under section 73ZN of the NDIS Act.\n\n(4) If VCAT makes an order imposing a condition on the disability worker's registration, VCAT must determine a review period for the condition.\n\n(5) If VCAT makes an order cancelling a disability worker's registration under this Act, VCAT may by order—\n\n(a) disqualify the disability worker from applying for registration as a registered disability worker for a specified period; or\n\n(b) prohibit the disability worker, either permanently or for a stated period, from using a specified title or providing a specified disability service.\n\n","sortOrder":216},{"sectionNumber":"214","sectionType":"section","heading":"Determination of VCAT about disability students","content":"\t214 Determination of VCAT about disability students\n\n(1) After hearing a matter about a disability student, VCAT may determine that—\n\n(a) the disability student has an impairment which detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner; or\n\n(b) the disability student has no case to answer and no further action is to be taken in relation to the matter.\n\n(2) If VCAT determines that the disability student has an impairment which detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner, VCAT may by order—\n\n(a) impose a condition on the disability student's registration; or\n\n(b) suspend the disability student's registration.\n\nDivision 2—VCAT review\n\n","sortOrder":217},{"sectionNumber":"215","sectionType":"section","heading":"Reviewable decisions","content":"\t215 Reviewable decisions\n\n(1) A person whose interests are affected by any of the following decisions may apply to VCAT for review of the decision—\n\n(a) a decision to refuse to register the person;\n\n(b) a decision to refuse to endorse the person's registration;\n\n(c) a decision to refuse to renew the person's registration;\n\n(d) a decision to refuse to renew the endorsement of the person's registration;\n\n(e) a decision to register the person for a type of registration other than the type of registration for which the person applied;\n\n(f) a decision to register the person in a particular division of the Register;\n\n(g) a decision to impose or change a condition on a person's registration or the endorsement of the person's registration;\n\n(h) a decision to refuse to change or remove a condition imposed on the person's registration or on the endorsement of the person's registration;\n\n(i) a decision to refuse to change or revoke an undertaking given by the person to the Board;\n\n(j) a decision to suspend the person's registration;\n\n(k) a decision by a panel to impose a condition on the person's registration;\n\n(l) a decision by a health panel to suspend the person's registration;\n\n(m) a decision by a professional standards panel to reprimand the person;\n\n(n) a decision by the Board or a panel to caution the person;\n\n(o) a decision by the Board to impose a prohibition order on the person;\n\n(p) a decision by the Commissioner to impose an interim prohibition order or a prohibition order on the person.\n\n(2) An application for review under this section must be made within 28 days after the later of—\n\n(a) the day on which the decision is made; or\n\n(b) if the person requests a statement of reasons for the decision under the **Victorian Civil and Administrative Tribunal Act 1998**, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\n","sortOrder":218},{"sectionNumber":"216","sectionType":"section","heading":"Parties to the proceeding","content":"\t216 Parties to the proceeding\n\nThe parties to a proceeding relating to a reviewable decision heard by VCAT are—\n\n(a) the person who is the subject of the reviewable decision; and\n\n(b) the person who applied for the review,  \nif not the person who is the subject of the reviewable decision; and\n\n(c) the Board, in the case of a decision referred to in section 215(1)(a) to (o); and\n\n(d) the Commission, in the case of a decision referred to in section 215(1)(p).\n\nPart 14—Authorised officers\n\nDivision 1—Appointment of authorised officers\n\n\t217 Appointment of authorised officers by Board or Commission\n\nS. 217(1) substituted by No. 17/2020 s. 8.\n\n(1) Subject to subsection (3), the Board may appoint a person referred to in section 32A as an authorised officer to enforce compliance with section 220 and Part 16 by registered disability workers or disability students.\n\nS. 217(2) substituted by No. 17/2020 s. 8.\n\n(2) Subject to subsection (3), the Commission may appoint a person referred to in section 32A as an authorised officer to enforce compliance with Part 16 by unregistered disability workers and to investigate complaints made against a disability worker under Part 5 or referred to the Commission under that Part.\n\n(3) A person must not be appointed to be an authorised officer unless the Board or Commission, as the case requires, is satisfied that the person is suitably qualified or trained to be an authorised officer for the purposes of this Act.\n\n(4) An appointment of a person as an authorised officer may specify the functions, duties or powers under this Act or the regulations in respect of which that person is an authorised officer.\n\n","sortOrder":219},{"sectionNumber":"218","sectionType":"section","heading":"Identity card for authorised officers","content":"\t218 Identity card for authorised officers\n\n(1) The Board or the Commission, as the case requires, must give an identity card to a person appointed as an authorised officer.\n\n(2) The identity card must—\n\n(a) contain a recent photograph of the authorised officer; and\n\n(b) be signed by the authorised officer; and\n\n(c) identify the person as an authorised officer appointed by the Board or by the Commission.\n\n","sortOrder":220},{"sectionNumber":"219","sectionType":"section","heading":"Display of identity card by authorised officers","content":"\t219 Display of identity card by authorised officers\n\n(1) An authorised officer may exercise a power in relation to a person if the authorised officer—\n\n(a) before exercising the power, produces the authorised officer's identity card for the person's inspection; or\n\n(b) has the identity card displayed so it is clearly visible to the person.\n\n(2) If it is not practicable to comply with subsection (1) before exercising a power, the authorised officer must produce the identity card for the person's inspection at the first reasonable opportunity.\n\nDivision 2—Powers of authorised officers\n\n","sortOrder":221},{"sectionNumber":"220","sectionType":"section","heading":"Authorised officers may require information or documents from registered disability workers about alleged offences","content":"\t220 Authorised officers may require information or documents from registered disability workers about alleged offences\n\nAn authorised officer who reasonably believes that a person has committed an offence against this Act and that a registered disability worker may be able to give information about the offence, may require, by written notice given to that disability worker, the disability worker—\n\n(a) to give information to the authorised officer within a reasonable time and in a reasonable way as specified in the notice; or\n\n(b) to attend before the authorised officer at a stated time and a stated place to answer questions or produce documents.\n\n\t221 Authorised officers may apply to Magistrates' Court for order requiring information or documents from other persons about alleged offences\n\n(1) An authorised officer who believes on reasonable grounds that a person has committed an offence against this Act may apply to the Magistrates' Court for an order requiring any person (other than a registered disability worker), at a time and place specified by the authorised officer—\n\n(a) to answer orally or in writing any questions put by an authorised officer in relation to the alleged offence; and\n\n(b) to supply orally or in writing information required by an authorised officer in relation to the alleged offence; and\n\n(c) to produce to an authorised officer specified documents or documents of a specified class relating to the alleged offence.\n\n(2) The Magistrates' Court may make the order if the Magistrates' Court is satisfied that there are reasonable grounds to believe that a person may have committed an offence against this Act.\n\n(3) An order must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect.\n\n","sortOrder":222},{"sectionNumber":"222","sectionType":"section","heading":"Warning required before exercise of power under section 220 or 221","content":"\t222 Warning required before exercise of power under section 220 or 221\n\nBefore requiring a person to produce a document or part of a document or to answer questions under section 220 or 221, an authorised officer—\n\n(a) must warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and\n\n(b) must inform the person that the person may refuse or fail to answer any question if answering the question would tend to incriminate the person.\n\n","sortOrder":223},{"sectionNumber":"223","sectionType":"section","heading":"Inspection, copying and retention of documents","content":"\t223 Inspection, copying and retention of documents\n\n(1) If a document is produced to an authorised officer the authorised officer—\n\n(a) may inspect the document; and\n\n(b) may make a copy of, or take an extract from, the document; and\n\n(c) may keep the document while it is necessary for the investigation.\n\n(2) If the authorised officer keeps the document, the authorised officer must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at a reasonable time and place decided by the authorised officer.\n\n","sortOrder":224},{"sectionNumber":"224","sectionType":"section","heading":"Authorised officer may enter premises","content":"\t224 Authorised officer may enter premises\n\nAn authorised officer may enter a premises if—\n\n(a) its occupier consents to the entry of the premises; or\n\n(b) it is a public place and the entry is made when the place is open to the public; or\n\n(c) the entry is authorised by a warrant.\n\n","sortOrder":225},{"sectionNumber":"225","sectionType":"section","heading":"Authorised officer may apply for search warrant for entry to, and search of, premises","content":"\t225 Authorised officer may apply for search warrant for entry to, and search of, premises\n\n(1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular premises if the authorised officer believes on reasonable grounds that—\n\n(a) there is or has been a contravention of this Act or the regulations; or\n\n(b) entry into or onto the premises is necessary for the purpose of investigating the subject matter of a notification or a complaint.\n\n(2) If a magistrate is satisfied by evidence on oath or affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations or evidence about a matter that is being investigated by the authorised officer, the magistrate may issue a search warrant authorising any person named in the warrant—\n\n(a) to enter the premises, or the part of the premises, named or described in the warrant; and\n\n(b) to search for and seize a thing named or described in the warrant; and\n\n(c) to bring the thing before the Magistrates' Court so that the matter may be dealt with according to law.\n\n(3) In addition to any other requirement, a search warrant issued for the purposes of this section must state the following—\n\n(a) the offence or grounds for suspecting evidence about a certain matter is at the premises;\n\n(b) the premises to be searched;\n\n(c) the name or a description of the thing to be searched for;\n\n(d) any condition to which the warrant is subject;\n\n(e) whether entry is authorised to be made at any time or during stated hours;\n\n(f) a day, being a day not later than 7 days after the issue of the warrant, on which the warrant expires.\n\n","sortOrder":226},{"sectionNumber":"226","sectionType":"section","heading":"Search warrants—general","content":"\t226 Search warrants—general\n\n(1) Subject to subsection (3), a search warrant issued under this Act must be issued in accordance with the **Magistrates' Court Act 1989** and in the form prescribed under that Act.\n\n(2) The rules that apply to search warrants under the **Magistrates' Court Act 1989** extend and apply to search warrants under this Act.\n\n(3) Despite section 78 of the **Magistrates' Court Act 1989**, a search warrant must not authorise an authorised officer or investigator to arrest a person.\n\n","sortOrder":227},{"sectionNumber":"227","sectionType":"section","heading":"Procedure before entry under warrant","content":"\t227 Procedure before entry under warrant\n\n(1) Before entering a premises under a warrant issued under this Act, an authorised officer must do, or make a reasonable attempt to do, all of the following—\n\n(a) identify as an authorised officer to a person present at the premises who is an occupier of the premises by producing the authorised officer's identity card or another document evidencing the authorised officer's appointment;\n\n(b) give the person a copy of the warrant;\n\n(c) tell the person that the authorised officer is permitted by the warrant to enter the premises;\n\n(d) give the person an opportunity to allow the authorised officer immediate entry to the premises without using force.\n\n(2) An authorised officer need not comply with subsection (1) if the authorised officer reasonably believes that immediate entry to the premises is required to ensure the effective execution of the warrant is not frustrated.\n\n","sortOrder":228},{"sectionNumber":"228","sectionType":"section","heading":"Powers after entering premises","content":"\t228 Powers after entering premises\n\n(1) Subject to subsection (2) and anything to the contrary set out in a search warrant issued under section 225(2), a person named in the warrant may enter a premises under section 224 and, for the purposes of the investigation, do one or more of the following—\n\n(a) search any part of the premises;\n\n(b) inspect, measure, test, photograph or film any part of the premises or anything at the place;\n\n(c) take a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing;\n\n(d) copy, or take an extract from, a document at the place;\n\n(e) take into or onto the premises any person, equipment and materials which the person named in the warrant reasonably requires for exercising a power under this Act;\n\n(f) require the occupier of the place, or a person at the premises, to give the person named in the warrant reasonable assistance to exercise the person's powers under paragraphs (a) to (e);\n\nS. 228(1)(g) amended by No. 41/2025 s. 3(Sch. 1 item 16.4).\n\n(g) require the occupier of the premises, or a person at the premises, to give the person named in the warrant information to help the named person to conduct the investigation or ascertain whether this Act is being complied with.\n\n(2) An authorised officer may do any of the things mentioned in subsection (1) if the authorised officer reasonably believes that it is necessary to do the thing in order to obtain the evidence relating to a contravention of this Act or the regulations or to conduct the investigation.\n\n(3) When making a requirement referred to in subsection (1)(f) or (g), an authorised officer must warn the person that it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n\n","sortOrder":229},{"sectionNumber":"229","sectionType":"section","heading":"Seizure of evidence by authorised officer","content":"\t229 Seizure of evidence by authorised officer\n\n(1) An authorised officer who enters a public premises when the premises is open to the public may seize a thing at the premises if the authorised officer reasonably believes that the thing is evidence that is relevant to an investigation being conducted by the authorised officer.\n\n(2) If an authorised officer enters a premises with the occupier's consent, the authorised officer may seize a thing at the premises if—\n\n(a) the authorised officer reasonably believes that the thing is evidence that is relevant to an investigation being conducted by the authorised officer; and\n\n(b) seizure of the thing is consistent with the purpose of the entry as specified to the occupier when asking for the occupier's consent.\n\n(3) For the purposes of subsection (2), the authorised officer may also seize anything else at the premises if the authorised officer reasonably believes—\n\n(a) the thing is evidence that is relevant to the investigation; and\n\n(b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n\n","sortOrder":230},{"sectionNumber":"230","sectionType":"section","heading":"Securing seized things","content":"\t230 Securing seized things\n\nIf an authorised officer seizes a thing under this Act, the authorised officer may—\n\n(a) move the thing from the premises where it was seized; or\n\n(b) leave the thing at the premises where it was seized but take reasonable action to restrict access to it.\n\n","sortOrder":231},{"sectionNumber":"231","sectionType":"section","heading":"Authorised officer to give receipts for seized things and samples taken","content":"\t231 Authorised officer to give receipts for seized things and samples taken\n\n(1) If an authorised officer seizes a thing, or takes a sample of, or from, a thing at any premises under this Act, the authorised officer must give a receipt in the prescribed form for the thing or sample to the person in charge of the thing or the premises from which it was taken.\n\n(2) If for any reason it is not practicable for an authorised officer to comply with subsection (1), the authorised officer—\n\n(a) may leave the receipt at the premises in a conspicuous position and in a reasonably secure way; or\n\n(b) may send the receipt to the occupier of the premises from which the thing was seized or the sample was taken.\n\n","sortOrder":232},{"sectionNumber":"232","sectionType":"section","heading":"Copies of seized documents","content":"\t232 Copies of seized documents\n\nIf an authorised officer retains possession of a document seized from a person under this Act, within 21 days after the seizure the authorised officer must give the person a copy of the document certified as correct by the authorised officer.\n\n","sortOrder":233},{"sectionNumber":"233","sectionType":"section","heading":"Retention and return of seized documents or things","content":"\t233 Retention and return of seized documents or things\n\n(1) If an authorised officer seizes a document or other thing under this Division and the reason for its seizure no longer exists, the authorised officer must take reasonable steps to return the document or thing to its owner or the person from whom it was seized.\n\n(2) If a document or thing seized under this Division is not returned within 3 months after it was seized, the authorised officer must take reasonable steps to return it unless—\n\n(a) the proceeding, the purpose for which the document or thing was seized, commenced within that 3 month period and that proceeding (including any appeal or review) is not completed; or\n\n(b) the investigation has not been completed within that 3 month period; or\n\n(c) the Magistrates' Court makes an order under section 234 extending the period during which the seized document or thing may be retained.\n\n","sortOrder":234},{"sectionNumber":"234","sectionType":"section","heading":"Magistrates' Court may extend 3 month retention period","content":"\t234 Magistrates' Court may extend 3 month retention period\n\n(1) An authorised officer may apply to the Magistrates' Court for an extension of the period for which the authorised officer may retain a document or thing seized under this Division—\n\n(a) within 3 months after the seizure; or\n\n(b) if an extension has been granted under this section, before the end of the period of the extension.\n\n(2) The Magistrates' Court may order an extension (not exceeding 3 months) of the period during which a seized document or thing may be retained if it is satisfied that—\n\n(a) the total period of retention does not exceed 12 months; and\n\n(b) retention of the document or other thing is necessary for the purposes of an investigation under this Act.\n\n(3) At least 7 days before the hearing of an application made under this section, the authorised officer must send notice of the application to—\n\n(a) the owner of the document or thing described in the application; or\n\n(b) the person from whom the document or other thing described in the application was seized.\n\n","sortOrder":235},{"sectionNumber":"235","sectionType":"section","heading":"Court may order destruction of seized documents or things","content":"\t235 Court may order destruction of seized documents or things\n\n(1) The Board or Commission, as the case requires, may apply to the Magistrates' Court for an order permitting the destruction of a document or other thing seized by an authorised officer under this Division if—\n\n(a) the authorised officer is not able to return it to its owner or the person from whom it was seized; or\n\n(b) the thing is dangerous.\n\n(2) On an application made under subsection (1), a court may make—\n\n(a) an order permitting the destruction of a document or other thing if satisfied that it is appropriate to do so; and\n\n(b) any other order that it considers to be appropriate, including, but not limited to, an order relating to the payment by the owner of the document or other thing of the costs of, and any costs incidental to, the destruction of the document or other thing.\n\n(3) At least 7 days before the hearing of an application made under this section, notice of the application must be sent to—\n\n(a) the owner of the document or other thing described in the application; or\n\n(b) the person from whom the document or other thing described in the application was seized.\n\nDivision 3—Protection for persons assisting authorised officers\n\n","sortOrder":236},{"sectionNumber":"236","sectionType":"section","heading":"Protection of persons giving evidence to authorised officer","content":"\t236 Protection of persons giving evidence to authorised officer\n\nA person who gives information or evidence, or produces a document or thing, to an authorised officer under this Act has the same protection and immunity as a witness has in a proceeding in the Supreme Court.\n\nPart 15—Information and privacy\n\nDivision 1—Disclosure of information and confidentiality\n\n\t237 Meaning of *protected information*\n\n***protected information*** means information that comes to a person's knowledge in the course of, or because of, the person exercising functions under this Act.\n\n","sortOrder":237},{"sectionNumber":"238","sectionType":"section","heading":"Duty of confidentiality","content":"\t238 Duty of confidentiality\n\n(1) A person who exercises or has exercised functions under this Act must not disclose protected information to another person except in a circumstance specified in subsection (2).\n\n(2) A person may disclose protected information in one or more of the following circumstances—\n\n(a) the information is disclosed in the exercise of a function under, or for the purposes of, this Act;\n\n(b) the disclosure is otherwise required or permitted by law;\n\n(c) the disclosure is with the agreement of the person to whom the information relates;\n\n(d) the disclosure is in a form that does not identify the identity of a person;\n\n(e) the information relates to a proceeding before VCAT and the proceeding is or was open to the public;\n\n(f) the information is or was accessible to the public, including because it is or was recorded in the Register;\n\n(g) the disclosure is otherwise authorised by the Minister on the grounds that the disclosure is in the public interest.\n\n","sortOrder":238},{"sectionNumber":"239","sectionType":"section","heading":"Disclosure of information for disability workforce planning and general disability sector planning and development","content":"\t239 Disclosure of information for disability workforce planning and general disability sector planning and development\n\n(1) The Minister, by written notice given to the Board, may ask the Board for information required by the Minister for—\n\n(a) planning the disability workforce in Victoria or a part of Victoria; or\n\n(b) planning and developing the disability services sector in general.\n\n(2) If the Board receives a request under subsection (1), the Board, by written notice given to a registered disability worker, may ask the disability worker for information relevant to the request.\n\n(3) A registered disability worker who is asked to provide information under subsection (2) may, but is not required to, provide the information.\n\n(4) The Board—\n\n(a) must give information received from a registered disability worker to the Minister in a way that does not identify any registered disability worker; and\n\n(b) must not use information received under this section that identifies a registered disability worker for any other purpose.\n\nS. 239(5) amended by No. 17/2020 s. 13(4).\n\n(5) The Minister must publish information which the Minister receives under this section in a way that is timely and ensures that it is accessible to the public.\n\n","sortOrder":239},{"sectionNumber":"240","sectionType":"section","heading":"Disclosure of information for information management and communication purposes","content":"\t240 Disclosure of information for information management and communication purposes\n\n(1) A person may disclose protected information to an information management agency if the disclosure is in accordance with an authorisation given by the Minister under subsection (2).\n\n(2) The Minister may authorise the disclosure of protected information to an information management agency if the Minister is satisfied that—\n\n(a) the protected information will be collected, stored and used by the information management agency in a way that ensures that the privacy of the persons to whom it relates is protected; and\n\n(b) the provision of the protected information to the information management agency is necessary to enable the agency to exercise its functions.\n\n(3) An authorisation under subsection (2)—\n\n(a) may apply to protected information generally or a class of protected information; and\n\n(b) may be subject to conditions.\n\n***information management agency*** means a prescribed Commonwealth, State or Territory agency that has functions relating to the identification of health practitioners or disability workers for information management and communication purposes.\n\n","sortOrder":240},{"sectionNumber":"241","sectionType":"section","heading":"Disclosure of information to other relevant entities","content":"\t241 Disclosure of information to other relevant entities\n\n(1) A person may disclose protected information to a relevant entity if the person is satisfied that—\n\n(a) the protected information will be collected, stored and used by the entity in a way that ensures the privacy of the persons to whom it relates is protected; and\n\n(b) the provision of the protected information to the entity is necessary to enable the entity to exercise its functions.\n\n(2) In this section—\n\nS. 241(2) def. of *relevant entity* amended by Nos 19/2019 s. 232, 34/2020 s. 204, 58/2025 s. 125(Sch. 2 item 3).\n\n***relevant entity*** means—\n\n(a) an entity established under the NDIS Act; and\n\n(b) an NDIS worker screening unit; and\n\n(ba) the Regulator for the purposes of performing functions and exercising powers under the **Worker Screening Act 2020**; and\n\n(c) a prescribed entity that is responsible for worker screening under an Act of the Commonwealth, a State or a Territory; and\n\n(d) any other Commonwealth, State or Territory entity having functions relating to the provision of disability services.\n\n","sortOrder":241},{"sectionNumber":"242","sectionType":"section","heading":"Disclosure to protect health or safety of persons with a disability or other persons","content":"\t242 Disclosure to protect health or safety of persons with a disability or other persons\n\n(1) This section applies if the Board or the Commission reasonably believes that—\n\n(a) a disability worker or a disability student poses, or may pose, a risk to public health; or\n\n(b) the health or safety of a person with a disability or a class of persons with a disability is or may be at risk because of the manner in which a disability worker provides disability services or a disability student engages in supervised practice.\n\n(2) The Board or the Commissioner may give written notice of the risk and any relevant information about the disability worker or disability student to an entity established under an Act of the Commonwealth, a State or a Territory that the Board or Commissioner considers may be required to take action in relation to the risk.\n\n","sortOrder":242},{"sectionNumber":"243","sectionType":"section","heading":"Disclosure to registration entities","content":"\t243 Disclosure to registration entities\n\nA person exercising functions under this Act may disclose protected information to an entity of a jurisdiction outside Victoria that has responsibility for regulating disability workers in that jurisdiction if the disclosure is necessary for the entity to exercise its functions.\n\nDivision 2—Register of Disability Workers\n\n","sortOrder":243},{"sectionNumber":"244","sectionType":"section","heading":"Board to keep Register of Disability Workers","content":"\t244 Board to keep Register of Disability Workers\n\n(1) The Board must keep a public register in accordance with this Division that includes—\n\n(a) the names of all registered disability workers; and\n\n(b) the names of all disability workers whose registration is cancelled by an adjudication body.\n\n(2) The Register is to consist of divisions as follows—\n\n(a) a division of registered disability practitioners;\n\n(b) a division of registered disability support workers;\n\nS. 244(2)(c) repealed by No. 17/2020 s. 9.\n\n(d) any other prescribed division.\n\n","sortOrder":244},{"sectionNumber":"245","sectionType":"section","heading":"Manner of keeping Register","content":"\t245 Manner of keeping Register\n\nSubject to this Division, the Register must be kept—\n\n(a) in a way that ensures it is up-to-date and accurate; and\n\n(b) otherwise in the way the Board considers appropriate.\n\n","sortOrder":245},{"sectionNumber":"246","sectionType":"section","heading":"Information to be recorded in Register","content":"\t246 Information to be recorded in Register\n\n(1) The Register must include the following information for each registered disability worker whose name is included in the Register—\n\n(a) the disability worker's sex;\n\n(b) the suburb and postcode of the disability worker's principal place of practice;\n\n(c) the date on which the disability worker was first registered under this Act;\n\n(d) the date on which the disability worker's current registration expires;\n\n(e) the type of registration held by the disability worker and the division in which the disability worker is registered;\n\n(f) if the disability worker holds limited registration, the type of limited registration;\n\n(g) subject to subsection (2), if the disability worker has been cautioned or reprimanded, the fact that the disability worker has been cautioned or reprimanded;\n\n(h) unless the Board or a panel decides otherwise, or VCAT determines otherwise, if a condition has been imposed on the disability worker's registration or if the Board has entered into an undertaking with the disability worker, the details of the condition or undertaking;\n\n(i) if the disability worker's registration is suspended, the fact that the disability worker's registration has been suspended and, if the suspension is for a specified period, the period during which the suspension applies;\n\n(j) if the disability worker's registration has been endorsed, details of the endorsement and details of any condition on the endorsement;\n\n(k) details of any qualifications relied on by the disability worker to obtain registration or to have the disability worker's registration endorsed;\n\n(l) if the disability worker has advised the Board that the disability worker fluently speaks a language other than English, the name of the other language spoken;\n\n(m) details of the disability worker's disciplinary history including but not limited to—\n\nS. 246(1)(m)(i) amended by No. 17/2020 s. 13(7).\n\n(i) any orders issued by a panel or VCAT, unless the panel decides or VCAT determines that the details are not to be included; and\n\n(ii) any banning order issued under section 73ZN of the NDIS Act; and\n\n(iii) any prohibition order made under this Act;\n\n(n) any other information which the Board considers appropriate.\n\n(2) If the Register records a caution under subsection (1)(g), the details of that caution must be removed from the Register 2 years after the caution was given to the registered disability worker.\n\n(3) The Register must include the following information for each disability worker whose registration is cancelled—\n\n(a) the fact that the disability worker's registration is cancelled;\n\n(b) the grounds on which the registration is cancelled;\n\nS. 246(3)(c) amended by No. 58/2025 s. 23.\n\n(c) if the VCAT hearing of the matter was open to the public, details of the conduct that formed the basis of the cancellation.\n\n","sortOrder":246},{"sectionNumber":"247","sectionType":"section","heading":"Board may decide not to include or to remove certain information in Register","content":"\t247 Board may decide not to include or to remove certain information in Register\n\n(1) Despite anything to the contrary in section 246, the Board is not required to include in the Register certain information referred to in that section if—\n\n(a) the registered disability worker has an impairment in relation to which a condition is imposed on the disability worker's registration, or in relation to which the disability worker has made an undertaking, and the Board is satisfied that there is no overriding public interest for details of the condition or the undertaking to be recorded; or\n\n(b) the Board reasonably believes that the inclusion of the information in the Register would present a serious risk to the health or safety of the registered disability worker or another person; or\n\n(c) the Board believes it is otherwise not in the public interest to publish the information.\n\n(2) A registered disability worker may apply to the Board to remove certain information recorded in the Register if—\n\n(a) the registered disability worker has an impairment in relation to which a condition is imposed on the disability worker's registration, or in relation to which the disability worker has made an undertaking, and the Board is satisfied that there is no overriding public interest for details of the condition or the undertaking to be recorded; or\n\n(b) the disability worker believes the inclusion of the information in the Register would present a serious risk to the health or safety of the disability worker or another person.\n\n","sortOrder":247},{"sectionNumber":"248","sectionType":"section","heading":"Inspection of Register","content":"\t248 Inspection of Register\n\n(1) The Board—\n\n(a) must keep the Register open for inspection, free of charge, by members of the public—\n\n(i) at its offices during ordinary office hours; and\n\n(ii) on the Board's Internet site; and\n\n(b) must give a person an extract from the Register on payment of the relevant fee; and\n\n(c) may give a person a copy of the Register on payment of the relevant fee.\n\n(2) The Board may give a person a copy of the Register under subsection (1)(c) only if the Board is satisfied it would be in the public interest to do so.\n\n(3) The Board may waive, wholly or partly, the payment of a fee by a person under subsection (1)(b) or (c) if the Board considers it appropriate in the circumstances.\n\nDivision 3—Disability Students Register\n\n","sortOrder":248},{"sectionNumber":"249","sectionType":"section","heading":"Disability Students Register","content":"\t249 Disability Students Register\n\n(1) The Board must keep a Disability Students Register that includes the name of all persons currently registered as disability students by the Board.\n\n(2) The Disability Students Register must not be open for inspection by the public.\n\n","sortOrder":249},{"sectionNumber":"250","sectionType":"section","heading":"Information to be recorded in Disability Students Register","content":"\t250 Information to be recorded in Disability Students Register\n\n(1) Subject to this Division, the Disability Students Register may be kept in the way which the Board considers appropriate.\n\n(2) The Disability Students Register must include the following information for each disability student whose name is included in the Disability Students Register—\n\n(a) the disability student's name;\n\n(b) the disability student's date of birth;\n\n(c) the disability student's sex;\n\n(d) the disability student's postal address and any other contact details;\n\n(e) the name of the education provider that is providing the approved program of study being undertaken by the disability student;\n\n(f) the date on which the disability student was first registered under this Act;\n\n(g) the date on which the disability student started the approved program of study;\n\n(h) the date on which the disability student is expected to complete the approved program of study;\n\n(i) if a condition has been imposed on the disability student's registration, details of the condition;\n\n(j) if the Board has accepted an undertaking from the disability student, details of the undertaking;\n\n(k) any other information that the Board considers appropriate.\n\nDivision 4—Register of Prohibition Orders\n\n","sortOrder":250},{"sectionNumber":"251","sectionType":"section","heading":"Register of Prohibition Orders","content":"\t251 Register of Prohibition Orders\n\n(1) The Commission must keep a public register of all persons in relation to whom an interim prohibition order is made under section 130 or a prohibition order is made under section 132.\n\n(2) The Register of Prohibition Orders must—\n\n(a) be kept in a way that ensures it is up-to-date and accurate; and\n\n(b) include the following details against the name of the person to whom a prohibition order applies—\n\n(i) any current interim prohibition order made under section 130 or prohibition order under section 132;\n\n(ii) the period for which the interim prohibition order or prohibition order is in force;\n\n(iii) if the prohibition is limited to specified disability services, a description of those services;\n\n(iv) if the interim prohibition order or prohibition order imposes conditions on the provision of disability services, a description of those conditions; and\n\n(c) be available on the Internet site of the Commission.\n\n(3) The Register of Prohibition Orders may be inspected at the office of the Board by any person during ordinary office hours without charge.\n\n(4) A person may obtain a copy of or an extract from the Register of Prohibition Orders without charge.\n\nDivision 5—Other records\n\n","sortOrder":251},{"sectionNumber":"252","sectionType":"section","heading":"Other records to be kept by Board","content":"\t252 Other records to be kept by Board\n\nThe Board must keep a record of the following information for each registered disability worker—\n\n(a) information that identifies the disability worker;\n\n(b) the registered disability worker's contact details;\n\n(c) information about the disability worker's registration and any endorsement;\n\n(d) information about any previous registration of the disability worker outside Victoria as a disability worker;\n\n(e) information about any notification or complaint made about the disability worker and any investigation and health, conduct or performance action taken as a result of the notification or complaint;\n\n(f) information about the disability worker's professional indemnity insurance arrangements;\n\nS. 252(g) amended by No. 9/2023 s. 138(1).\n\n(g) information about any check carried out by the Board about the registered disability worker's criminal history and identity, including the nature of the check carried out, when it was carried out and the nature of the information provided by the check;\n\nS. 252(h) inserted by No. 9/2023 s. 138(2).\n\n(h) information about the disability worker's NDIS clearance (if any).\n\n","sortOrder":252},{"sectionNumber":"253","sectionType":"section","heading":"Record of adjudication decisions to be kept and made publicly available","content":"\t253 Record of adjudication decisions to be kept and made publicly available\n\n(1) The Board must keep and publish on its Internet site a record of decisions or determinations made by—\n\n(a) panels established by the Board; and\n\n(b) VCAT that relate to registered disability workers or disability students.\n\n(2) The record must be kept—\n\n(a) in a way that does not identify persons involved in the matter, unless the determination was made by VCAT and the hearing was open to the public; and\n\n(b) otherwise in the way decided by the Board.\n\nDivision 6—Identity checks, criminal checks and NDIS checks\n\n","sortOrder":253},{"sectionNumber":"254","sectionType":"section","heading":"Evidence of identity","content":"\t254 Evidence of identity\n\n(1) The Board, at any reasonable time, may require a registered disability worker or disability student to provide evidence to the Board of the disability worker's or disability student's identity.\n\n(2) A registered disability worker or disability student must not, without reasonable excuse, fail to comply with the requirement under subsection (1).\n\n(3) A contravention of subsection (2) by a registered disability worker or disability student does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\n","sortOrder":254},{"sectionNumber":"255","sectionType":"section","heading":"Power to check evidence of identity provided","content":"\t255 Power to check evidence of identity provided\n\n(1) If an applicant for registration or a registered disability worker or disability student gives the Board a document as evidence of identity under section 151 or 254, as the case requires, the Board by written notice may request the entity that issued the document—\n\n(a) to confirm the validity of the document; or\n\n(b) to give the Board other information relevant to the disability worker's or disability student's identity.\n\n(2) An entity given a notice under subsection (1) is authorised to provide the information requested.\n\n","sortOrder":255},{"sectionNumber":"256","sectionType":"section","heading":"Power to obtain criminal history report","content":"\t256 Power to obtain criminal history report\n\n(1) The Board or the Commission, as the case requires, may request by notice an entity referred to in subsection (2) to provide a written report about criminal history of—\n\n(a) an applicant for registration or a person whom the Board is considering whether to register as a disability student; or\n\n(b) a registered disability worker or a disability student; or\n\n(c) an unregistered disability worker.\n\n(2) A criminal history report referred to in subsection (1) may be requested from any of the following entities—\n\n(a) the ACC;\n\n(b) the Chief Commissioner;\n\nS. 256(2)(c) amended by No. 34/2020 s. 205(a).\n\n(c) an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction;\n\nS. 256(2)(d) inserted by No. 34/2020 s. 205(b).\n\n(d) a prescribed entity.\n\n(3) Without limiting subsection (1), a criminal history report may be requested—\n\n(a) to enable the Board to check a statement made by a registered disability worker or disability student in the application for renewal of registration; or\n\n(b) as part of an audit carried out by the Board, to check statements made by registered disability workers or disability students; or\n\n(c) to enable the Commissioner to determine whether to make an interim prohibition order or prohibition order in relation to an unregistered disability worker.\n\n(4) A criminal history law does not apply to a criminal history report.\n\n(5) An entity to which a notice under subsection (1) is given is authorised to give the Board or the Commission, as the case requires, the information requested in the notice.\n\nS. 256(6) amended by No. 58/2025 s. 24.\n\n(6) For the purpose of a request under subsection (1), the Board or the Commission, as the case requires, may give the entity any information concerning the applicant, registered disability worker, disability student or unregistered disability worker that is necessary to conduct a check on any criminal record of that person.\n\nS. 257 (Heading) amended by Nos 19/2019 s. 233(1), 9/2023 s. 139(1).\n\n","sortOrder":256},{"sectionNumber":"257","sectionType":"section","heading":"Worker screening check","content":"\t257 Worker screening check\n\n(1) For the purposes of determining whether to make an interim prohibition order or a prohibition order in relation to an unregistered disability worker, the Commission—\n\nS. 257(1)(a) amended by Nos 19/2019 s. 233(2), 9/2023 s. 139(2)(a).\n\n(a) may request a worker screening unit to give the Commission information concerning any worker screening check in relation to the disability worker; and\n\nS. 257(1)(b) amended by Nos 19/2019 s. 233(2), 9/2023 s. 139(2)(b).\n\n(b) for the purpose of the request, may give the worker screening unit any information concerning the disability worker that is necessary to conduct a worker screening check on the disability worker.\n\nS. 257(2) amended by No. 58/2025 s. 25.\n\n(2) For the purposes of determining whether to register a person as a disability worker or a disability student or to impose conditions, endorse registration or suspend registration, the Board—\n\nS. 257(2)(a) amended by No. 19/2019 s. 233(2), substituted by No. 9/2023 s. 139(3).\n\n(a) may request a worker screening unit to give the Board information concerning any worker screening check in relation to the disability worker including in relation to any of the following—\n\n(i) whether the disability worker has been given an NDIS clearance that remains in force;\n\n(ii) whether the disability worker has been given an NDIS exclusion or interim NDIS exclusion;\n\n(iii) whether the disability worker has made an application for an NDIS clearance and whether the application has been withdrawn or reinstated;\n\n(iv) whether the NDIS clearance of the disability worker has been suspended, revoked or surrendered; and\n\nS. 257(2)(b) amended by Nos 19/2019 s. 233(2), 9/2023 s. 139(4).\n\n(b) for the purpose of the request, may give the worker screening unit any information concerning the disability worker that is necessary to conduct a worker screening check on the disability worker.\n\nS. 257(3) amended by Nos 19/2019 s. 233(3), 9/2023 s. 139(5).\n\n(3) On a request under subsection (1) or (2), the worker screening unit may give the information sought to the Commission or the Board, as the case requires.\n\nS. 257(4) inserted by No. 9/2023 s. 139(6).\n\n***worker screening check*** means—\n\n(a) an NDIS check; and\n\n(b) an NDIS worker screening check; and\n\n(c) a prescribed process for determining whether a person may be employed or engaged in particular work;\n\n***worker screening unit*** means—\n\n(a) an NDIS worker screening unit; and\n\n(b) in relation to the performance of functions in relation to screening checks under the **Worker Screening Act 2020**, the Secretary within the meaning of that Act; and\n\n(c) a prescribed body.\n\nPart 16—Offences and general provisions\n\nDivision 1—Offences\n\n\t258 Restriction on use of protected titles\n\n(1) A person who is not a registered disability worker must not knowingly or recklessly take or use one of the following titles in a way that could reasonably be expected to induce a belief that the person is a registered disability worker—\n\n(a) registered disability worker;\n\n(b) registered disability support worker;\n\n(c) registered disability practitioner.\n\n(2) A person who is not a registered disability worker must not knowingly or recklessly take or use a prescribed title in a way that could reasonably be expected to induce a belief that the person is a registered disability worker.\n\n(3) A person must not knowingly or recklessly use one or more of the following titles in relation to another person who is not a registered disability worker in a way that could reasonably be expected to induce a belief that the other person is a registered disability worker—\n\n(a) registered disability worker;\n\n(b) registered disability support worker;\n\n(c) registered disability practitioner.\n\n(4) A person must not knowingly or recklessly use a prescribed title in relation to another person who is not a registered disability worker in a way that could reasonably be expected to induce a belief that the other person is a registered disability worker.\n\n(5) Subsections (1), (2), (3) and (4) apply whether or not the title is taken or used with or without any other words and whether in English or any other language.\n\n","sortOrder":257},{"sectionNumber":"259","sectionType":"section","heading":"Claims about type of registration or endorsement or qualification to hold type of registration or endorsement","content":"\t259 Claims about type of registration or endorsement or qualification to hold type of registration or endorsement\n\n(1) A registered disability worker must not knowingly or recklessly claim to hold a type of registration or endorsement under this Act that the disability worker does not hold.\n\n(2) A registered disability worker must not knowingly or recklessly claim to be qualified to hold a type of registration or endorsement under this Act for which the disability worker is not qualified.\n\n(3) A contravention of subsection (1) or (2) by a registered disability worker may constitute behaviour for which health, conduct or performance action may be taken.\n\n(4) A person must not knowingly or recklessly claim that another person holds a type of registration or endorsement under this Act that the other person does not hold.\n\n(5) A person must not knowingly or recklessly claim that another person is qualified to hold a type of registration or endorsement under this Act that the other person is not qualified to hold.\n\n","sortOrder":258},{"sectionNumber":"260","sectionType":"section","heading":"Claims about division of Register","content":"\t260 Claims about division of Register\n\n(1) A registered disability worker must not knowingly or recklessly claim to be registered in a division of the Register other than the division of the Register in which the registered disability worker is registered.\n\n(2) A contravention of subsection (1) by a registered disability worker may constitute behaviour for which health, conduct or performance action may be taken.\n\n(3) A person must not knowingly or recklessly claim that another person is registered in a division of the Register other than the division of the Register in which the registered disability worker is registered.\n\n","sortOrder":259},{"sectionNumber":"261","sectionType":"section","heading":"Restriction to provide prescribed disability service","content":"\t261 Restriction to provide prescribed disability service\n\nA person must not carry out a prescribed disability service unless—\n\n(a) the person is a registered disability worker; or\n\n(b) the person belongs to a prescribed class of disability students; or\n\n(c) the person does so in a prescribed circumstance.\n\n","sortOrder":260},{"sectionNumber":"262","sectionType":"section","heading":"Directing or inciting unprofessional conduct or professional misconduct","content":"\t262 Directing or inciting unprofessional conduct or professional misconduct\n\nA person must not direct or incite a registered disability worker to do anything in the course of practising as a disability worker that amounts to unprofessional conduct or professional misconduct.\n\n","sortOrder":261},{"sectionNumber":"263","sectionType":"section","heading":"Offence for contravention of interim prohibition order","content":"\t263 Offence for contravention of interim prohibition order\n\nA disability worker to whom an interim prohibition order applies must comply with the order.\n\n","sortOrder":262},{"sectionNumber":"264","sectionType":"section","heading":"Offence for contravention of prohibition order","content":"\t264 Offence for contravention of prohibition order\n\nA disability worker to whom a prohibition order applies must comply with the order.\n\n","sortOrder":263},{"sectionNumber":"265","sectionType":"section","heading":"Offence to contravene VCAT order","content":"\t265 Offence to contravene VCAT order\n\nA person must comply with a prohibition order made by VCAT under section 213(5)(b).\n\n","sortOrder":264},{"sectionNumber":"266","sectionType":"section","heading":"Offence to provide certain services if prohibited from doing so in another State or a Territory","content":"\t266 Offence to provide certain services if prohibited from doing so in another State or a Territory\n\nA person must not provide a disability service if, in another State or in a Territory of the Commonwealth, the person is prohibited from providing a service in the nature of a disability service.\n\n","sortOrder":265},{"sectionNumber":"267","sectionType":"section","heading":"Advertising offences","content":"\t267 Advertising offences\n\n(1) A person must not advertise a disability service to be provided by a person to whom an interim prohibition order or a prohibition order applies unless the advertisement states that the person  \n\nis subject to an interim prohibition order or a prohibition order, as the case requires.\n\n(2) A person must not advertise a disability service to be provided by a registered disability worker in a way that—\n\n(a) is false, misleading or deceptive or is likely to be misleading or deceptive; or\n\n(b) offers a gift, discount or other inducement to attract a person to use the service, unless the advertisement also states the terms and conditions of the offer; or\n\n(c) uses testimonials or purported testimonials about the service or business; or\n\n(d) creates an unreasonable expectation of beneficial treatment; or\n\n(e) directly or indirectly encourages the indiscriminate or unnecessary use of disability services.\n\n(3) A person does not commit an offence against this section merely because the person, as part of the person's business, prints or publishes an advertisement for another person.\n\n(4) In a proceeding for an offence against this section, a court may have regard to a registration standard, code or guideline approved by the Board about the advertising of disability services.\n\n","sortOrder":266},{"sectionNumber":"268","sectionType":"section","heading":"Offence to fail to produce information or attend before authorised officer or investigator","content":"\t268 Offence to fail to produce information or attend before authorised officer or investigator\n\n(1) A person required to give information to an authorised officer under section 220 or 221 or an investigator under section 84 must not fail, without reasonable excuse, to give the information as required by the notice.\n\n(2) A person is not liable to be prosecuted for an offence against subsection (1) if the authorised officer or investigator failed to comply with a relevant requirement in the applicable provision.\n\n(3) A person given a notice to attend before an authorised officer or an investigator must not fail, without reasonable excuse, to attend as required by the notice.\n\n(4) A person given a notice to attend before an authorised officer or an investigator must not fail, without reasonable excuse, to continue to attend as required by the authorised officer or investigator until excused from further attendance.\n\n(5) A person given a notice to attend before an authorised officer or an investigator must not fail, without reasonable excuse, to answer a question that the person is asked by the authorised officer or investigator.\n\n(6) A person given a notice to attend before an authorised officer or an investigator must not fail, without reasonable excuse, to produce a document the person is required to produce by the notice.\n\nS. 269 (Heading) amended by No. 41/2025 s. 3(Sch. 1 item 16.5).\n\n","sortOrder":267},{"sectionNumber":"269","sectionType":"section","heading":"Offences for failing to comply with requirement under section 228","content":"\t269 Offences for failing to comply with requirement under section 228\n\n(1) A person required to give reasonable assistance under section 228(1)(f) must comply with the requirement, unless the person has a reasonable excuse.\n\n(2) A person of whom a requirement is made under section 228(1)(g) must comply with the requirement, unless the person has a reasonable excuse.\n\nPenalty: 60 penalty units in the case of a body corporate.\n\n","sortOrder":268},{"sectionNumber":"270","sectionType":"section","heading":"False or misleading information or documents","content":"\t270 False or misleading information or documents\n\n(1) A person must not provide information to an authorised officer or investigator that the person knows is false or misleading in a material particular.\n\n(2) Subject to subsection (3), a person must not give an authorised officer or investigator a document containing information that the person knows is false or misleading in a material particular.\n\n(3) A person may give an authorised officer or investigator a document containing information that the person knows is false or misleading in a material particular if the person, when giving the document—\n\n(a) informs the authorised officer or investigator, as the case requires, to the best of the person's ability, how it is false or misleading; and\n\n(b) gives the correct information to the authorised officer or investigator, as the case requires, if the person has, or can reasonably obtain, the correct information.\n\n","sortOrder":269},{"sectionNumber":"271","sectionType":"section","heading":"Obstructing authorised officers or investigators","content":"\t271 Obstructing authorised officers or investigators\n\n(1) A person must not obstruct an authorised officer in the exercise of a power under this Act unless the person has a reasonable excuse.\n\n(2) A person must not obstruct an investigator in the exercise of a power under this Act unless the person has a reasonable excuse.\n\n(3) If a person has obstructed an authorised officer or investigator in the exercise of a power under this Act and the authorised officer or investigator, as the case requires, decides to proceed with the exercise of the power, the authorised officer or investigator must warn the person that—\n\n(a) it is an offence to obstruct the authorised officer or investigator unless the person has a reasonable excuse; and\n\n(b) the authorised officer or investigator considers that the person's conduct is an obstruction.\n\n***obstruct*** includes hinder and attempt to obstruct or hinder.\n\n","sortOrder":270},{"sectionNumber":"272","sectionType":"section","heading":"Offence to impersonate authorised officer or investigator","content":"\t272 Offence to impersonate authorised officer or investigator\n\n(1) A person who is not an authorised officer must not impersonate, or in any other way purport to be, an authorised officer.\n\nPenalty: 30 penalty units.\n\n(2) A person who is not an investigator must not impersonate, or in any other way purport to be, an investigator.\n\nPenalty: 30 penalty units.\n\n","sortOrder":271},{"sectionNumber":"273","sectionType":"section","heading":"Protection against self-incrimination","content":"\t273 Protection against self-incrimination\n\n(1) Subject to subsection (2), a natural person may refuse or fail to give information or do any other thing that the person is required to do by or under this Act or the regulations if giving the information or doing the other thing would tend to incriminate the person.\n\n(2) Subsection (1) does not apply to—\n\n(a) the production of a document or part of a document that the person is required by this Act or the regulations to produce; or\n\n(b) the giving of a person's name or address in accordance with this Act or the regulations.\n\n","sortOrder":272},{"sectionNumber":"274","sectionType":"section","heading":"Power to bring proceedings","content":"\t274 Power to bring proceedings\n\nThe following persons may bring a proceeding for an offence against this Act or the regulations—\n\n(a) the Commissioner;\n\n(b) a person appointed to act as the Commissioner under section 29;\n\n(c) a police officer;\n\nS. 274(d) amended by No. 17/2020 s. 10.\n\n(d) any person referred to in section 32A(1) who is authorised by the Commission to bring a proceeding.\n\n","sortOrder":273},{"sectionNumber":"275","sectionType":"section","heading":"Conduct may constitute offence and be subject of disciplinary proceedings","content":"\t275 Conduct may constitute offence and be subject of disciplinary proceedings\n\n(1) If a person's behaviour constitutes an offence against this Act, the regulations or another Act and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Act—\n\n(a) the fact that a proceeding for an offence has been commenced in relation to the behaviour does not prevent a proceeding being commenced before an adjudication body under this Act for the same behaviour; and\n\n(b) the fact that a proceeding has been commenced before an adjudication body under this Act in relation to the conduct does not prevent a proceeding for an offence being brought for the same behaviour.\n\n(2) If a person's behaviour may be dealt with by a health complaints entity (including a prescribed interstate health complaints entity) and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Act, the fact that the behaviour has been dealt with by the health complaints entity does not prevent a proceeding being commenced before an adjudication body under this Act for the same behaviour.\n\nDivision 2—Finance\n\n","sortOrder":274},{"sectionNumber":"276","sectionType":"section","heading":"Regulatory management agreement","content":"\t276 Regulatory management agreement\n\n(1) The Board must enter into a regulatory management agreement with the Commission that makes provision for the following—\n\n(a) the fees payable under this Act by disability workers and disability students (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment);\n\n(b) the annual budget of the Board;\n\n(c) the services to be provided to the Board by the Commission to enable the Board to carry out its functions under this Act.\n\n(2) If the Commission and the Board are unable to agree on a matter relating to the regulatory management agreement or a proposed regulatory management agreement, the Minister may give directions to the Commission and the Board about how the dispute is to be resolved.\n\n(3) The Board must publish on its Internet site the fees for which provision has been made in a regulatory management agreement between the Board and the Commission.\n\n","sortOrder":275},{"sectionNumber":"277","sectionType":"section","heading":"Disability Worker Regulation Fund","content":"\t277 Disability Worker Regulation Fund\n\n(1) The Disability Worker Regulation Fund is established.\n\n(2) The Disability Worker Regulation Fund is a fund to be administered by the Commission.\n\n(3) The Disability Worker Regulation Fund is to have—\n\n(a) a separate account for the Board for matters relating to the Board's functions; and\n\n(b) a separate account for the Commission for matters relating to the Commission's and the Commissioner's functions.\n\n(4) The Commission may establish accounts with any financial institution for money in the Disability Worker Regulation Fund.\n\n(5) The Disability Worker Regulation Fund does not form part of the consolidated fund.\n\n","sortOrder":276},{"sectionNumber":"278","sectionType":"section","heading":"Payments into Disability Worker Regulation Fund","content":"\t278 Payments into Disability Worker Regulation Fund\n\nThere is payable into the Disability Worker Regulation Fund—\n\n(a) all fees, fines and penalties paid to, or recovered by, the Board or the Commission under this Act; and\n\n(b) any other money received by the Board, including income from the investments of the Fund administered by the Commission and grants, gifts and donations received by the Board; and\n\n(c) any other money received by the Commission from the Public Account.\n\n","sortOrder":277},{"sectionNumber":"279","sectionType":"section","heading":"Payments out of Disability Worker Regulation Fund","content":"\t279 Payments out of Disability Worker Regulation Fund\n\n(1) For each financial year, the Commission and VCAT must agree to the amount of payments to be made from the Disability Worker Regulation Fund to VCAT to meet VCAT's expenses in performing its functions under this Act in relation to registered disability workers, disability students and unregistered disability workers.\n\n(2) Payments may be made from the Disability Worker Regulation Fund for the following purposes—\n\n(a) the expenses incurred by the Board in carrying out its functions, powers and duties;\n\n(b) any payments to be made to members of the Board under this Act and any payments to be made to other persons under this Act (other than in relation to provisions relating solely to persons who are not registered disability workers or disability students);\n\n(c) an amount payable from the account for the Board and agreed to under subsection (1) for each financial year to meet the expenses of VCAT in performing its functions under this Act in relation to registered disability workers and disability students;\n\n(d) an amount payable from the account for the Commission and agreed to under subsection (1) for each financial year to meet the expenses of VCAT in performing its functions under this Act in relation to unregistered disability workers;\n\n(e) any other payments recommended by the Commission and approved by the Minister.\n\n","sortOrder":278},{"sectionNumber":"280","sectionType":"section","heading":"Investment powers","content":"\t280 Investment powers\n\nThe Commission may invest money credited to the Disability Worker Regulation Fund that it does not immediately require—\n\n(a) in any manner in which money may be invested under the **Trustee Act 1958**; or\n\n(b) in any other manner that the Minister approves.\n\n","sortOrder":279},{"sectionNumber":"281","sectionType":"section","heading":"Repayment of advances","content":"\t281 Repayment of advances\n\n(1) The Commission must pay into the Public Account any amounts that the Minister administering section 14 of the **Financial Management Act 1994**, in consultation with the Treasurer, decides are required to repay advances from the Public Account for the operation of the Commission or the Board.\n\n(2) Payments under subsection (1) must be made in accordance with any other terms and conditions from time to time decided by the Minister administering section 14 of the **Financial Management Act 1994** in consultation with the Treasurer.\n\n(3) The Commission, as and when directed to do so by the Minister administering section 14 of the **Financial Management Act 1994**, must provide a plan for the repayment of advances referred to in subsection (1).\n\n(4) The Commission, at any time that the Minister administering section 14 of the **Financial Management Act 1994** directs it to do so, must report in writing to the Minister on its progress in making payments under subsection (1).\n\n","sortOrder":280},{"sectionNumber":"282","sectionType":"section","heading":"Powers of Board in relation to fees","content":"\t282 Powers of Board in relation to fees\n\n(1) In the case of any fee which the Board is empowered to fix under this Act, the Board—\n\n(a) must fix the fee for a period of 12 months and may increase or decrease the fee at the end of that period; and\n\n(b) may fix a different fee for a different case and may allow for the reduction, waiver or refund, in whole or in part, of any fee; and\n\n(c) must publish any fee it has fixed in the Government Gazette and on the Board's Internet site.\n\n(2) In fixing fees under this Act, the Board—\n\n(a) must comply with any direction made by the Minister in relation to fees; and\n\n(b) may take into account whether the amount of money collected in fees under this Act is sufficient to cover the cost to the Board of carrying out its functions under this Act.\n\n(3) The Minister may give directions to the Board in relation to fees which the Board is empowered to fix under this Act.\n\n","sortOrder":281},{"sectionNumber":"283","sectionType":"section","heading":"Compensation","content":"\t283 Compensation\n\n(1) A person may claim compensation from the Commission if the person incurs loss or expense because of the exercise or purported exercise of a power under this Act by an authorised officer or an investigator.\n\n(2) Without limiting subsection (1), compensation may be claimed for loss or expense incurred as a result of complying with a requirement made of the person under this Act.\n\n(3) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n\n(4) A court may order compensation to be paid if it is satisfied that it is fair to make the order in the circumstances of the particular case.\n\nDivision 3—Provisions relating to persons exercising functions under Act\n\n","sortOrder":282},{"sectionNumber":"284","sectionType":"section","heading":"General duties of persons exercising functions under this Act","content":"\t284 General duties of persons exercising functions under this Act\n\n(1) A person exercising functions under this Act, when exercising the functions, must act honestly and with integrity.\n\n(2) A person exercising functions under this Act must exercise the person's functions under this Act—\n\n(a) in good faith; and\n\n(b) in a financially responsible manner; and\n\n(c) with a reasonable degree of care, diligence and skill.\n\n(3) A person exercising functions under this Act must not make improper use of the person's position or of information that comes to the person's knowledge in the course of, or because of, the person's exercise of the functions to gain an advantage for the person or another person.\n\n","sortOrder":283},{"sectionNumber":"285","sectionType":"section","heading":"Protection from liability for person exercising functions","content":"\t285 Protection from liability for person exercising functions\n\n(1) A protected person is not personally liable for anything done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the performance of a function under this Act; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act.\n\n(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the protected person attaches instead to the State.\n\nS. 285(3) def. of *protected person* amended by No. 17/2020 s. 11.\n\n***protected person*** means any of the following—\n\n(a) the Commissioner;\n\n(b) a person appointed as acting Commissioner under section 29;\n\n(c) a member of the Board;\n\n(d) a member of a panel;\n\n(e) a person referred to in section 32A;\n\n(f) an authorised officer;\n\n(g) an investigator.\n\nDivision 4—Regulations\n\n","sortOrder":284},{"sectionNumber":"286","sectionType":"section","heading":"Regulations","content":"\t286 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to the following matters—\n\n(a) the registration of disability workers and disability students, including applications for registration, periods of registration and renewal of registration;\n\n(b) the Register, including but not limited to the following—\n\n(i) particulars to be noted on the Register;\n\n(ii) the divisions of the Register;\n\nS. 286(1)(c) amended by No. 41/2025 s. 3(Sch. 1 item 16.6).\n\n(c) the restriction on provision of specified disability services by persons other than disability workers with suitable qualifications or experience;\n\n(d) time limits for the purposes of this Act;\n\n(e) forms to be used for the purposes of this Act;\n\n(f) fees for the purposes of this Act;\n\n(g) the Register of Disability Workers and the Disability Students Register, including divisions of those Registers;\n\n(h) the keeping and the form of any records or other documents as may be necessary for the administration of this Act;\n\n(i) the collection, provision, transfer, disclosure or use of information for the purposes of this Act;\n\n(j) persons or classes of persons necessary to be prescribed for the purposes of this Act;\n\n(k) penalties, not exceeding 10 penalty units, for contraventions of the regulations;\n\n(l) prescribing a code of conduct for unregistered disability workers;\n\n(m) prescribing services as exempt services;\n\n(n) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) Regulations made under this Act—\n\n(a) may be of limited or general application; and\n\n(b) may differ according to differences in time, place or circumstance; and\n\n(c) may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such extent as is specified; and\n\n(d) in the case of a regulation made under subsection (1)(j), may provide for different classes of member; and\n\n(e) may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons; and\n\n(f) may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or\n\n(iii) as formulated, issued, prescribed or published from time to time.\n\nPart 17—Transitional and consequential provisions\n\nDivision 1—Transitional provisions\n\n\t287 Transitional provisions\n\n(1) Despite section 10(2)(b), a person is eligible for appointment as a registered disability worker member of the first Board appointed after this section comes into operation if the Minister believes that the person has skills and experience that are relevant to the Board's functions.\n\n(2) For the purposes of section 154(1)(a), an individual who applies for registration as a disability worker before 30 September 2022 is qualified for registration if—\n\n(a) the individual—\n\n(i) holds a qualification or has completed training as a disability worker, whether in Victoria or elsewhere, that the Board considers is adequate for the purposes of providing disability services; or\n\nS. 287(2)(a)(ii) amended by No. 17/2020 s. 12.\n\n(ii) has provided disability services of a kind related to the type of registration applied for at any time between 30 September 2012 and 30 September 2022 for a consecutive period of 2 years or for any periods which together amount to 2 years; and\n\n(b) the individual has satisfied the Board that the individual is professionally competent as a disability worker.\n\n(3) Subsection (2) applies despite anything to the contrary in section 155.\n\nPt 17 Div. 2 (Heading and ss 288–292) repealed by No. 38/2018 s. 320.\n\nPt 18 (Headings and ss 293–310) amended by No. 19/2019 ss 234–236(1), repealed by No. 38/2018 s. 320, new Pt 18 (Heading and new ss 288–290) inserted by No. 9/2023 s. 140.\n\n","sortOrder":285},{"sectionNumber":"Part 18","sectionType":"part","heading":"Transitional provisions—Disability and Social Services Regulation Amendment Act 2023","content":"Part 18—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023\n\nNew s. 288 inserted by No. 9/2023 s. 140.\n\n","sortOrder":286},{"sectionNumber":"288","sectionType":"section","heading":"Definition","content":"\t288 Definition\n\n***commencement day*** means the day on which Division 1 of Part 4 of the **Disability and Social Services Regulation Amendment Act 2023** comes into operation.\n\nNew s. 289 inserted by No. 9/2023 s. 140.\n\n","sortOrder":287},{"sectionNumber":"289","sectionType":"section","heading":"Application for registration by disability worker","content":"\t289 Application for registration by disability worker\n\n","sortOrder":288},{"sectionNumber":"Div 1","sectionType":"division","heading":"of Part 11, as in force on the commencement day, applies to an application for registration made under that Division before that day that has not been determined by the Board.","content":"Division 1 of Part 11, as in force on the commencement day, applies to an application for registration made under that Division before that day that has not been determined by the Board.\n\nNews s. 290 inserted by No. 9/2023 s. 140.\n\n","sortOrder":289},{"sectionNumber":"290","sectionType":"section","heading":"Worker screening check","content":"\t290 Worker screening check\n\n(1) Section 257, as in force on the commencement day, applies to a disability worker registered before that day.\n\n(2) Section 257, as in force on the commencement day, applies to a disability student registered before that day.\n\nPt 19 (Heading and ss 311–314) repealed by No. 38/2018 s. 320.\n\nPt 20 (Headings and ss 315–319) amended by No. 19/2019 s. 236(2), repealed by No. 38/2018 s. 320.\n\nPt 21 (Heading and s. 320) repealed by No. 38/2018 s. 320.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 25 July 2018*\n\n*Legislative Council: 9 August 2018*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide a regulatory scheme for disability workers and disability students, to amend the **Residential Tenancies Act 1997** to provide for the rights and duties of SDA residents and SDA providers consistent with the National Disability Insurance Scheme, to make consequential amendments to the **Disability Act 2006**, the **Health Complaints Act 2016**, the **Land Tax Act 2005**, the **Ombudsman Act 1973**, the **Public Administration Act 2004**, the **Supported Residential Services (Private Proprietors) Act 2010** and the **Victorian Civil and Administrative Tribunal Act 1998** and for other purposes.\"\n\nThe **Disability Service Safeguards Act 2018** was assented to on 28 August 2018 and came into operation as follows:\n\nSections 1, 2, 293–299 and 302–319 on 1 July 2019: Special Gazette (No. 254) 25 June 2019 page 1.\n\nSections 3–32, 284, 285, 287(1), 291 and 292 on 20 August 2019: Special Gazette (No. 324) 20 August 2019 page 1.\n\nSections 33–283, 286, 287(2)–290 and 320 on 1 July 2020: section 2(2).\n\nSections 300, 301 never proclaimed, repealed by No. 19/2019 section 234.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Disability Service Safeguards Act 2018** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Disability Service Safeguards Act 2018, No. 38/2018**\n\n| Assent Date: | 28.8.18 |\n| Commencement Date: | S. 320 on 1.7.20: s. 2(2) |\n| Note: | S. 320 repealed Pt 17 Div. 2 (ss 288–292), Pts 18–21 (ss 293–320) on 1.7.21 |\n| Current State: | This information relates only to the provision/s amending the **Disability Service Safeguards Act 2018** |\n\n**Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019**\n\n| Assent Date: | 25.6.19 |\n| Commencement Date: | Ss 218–236 on 26.6.19: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Disability Service Safeguards Act 2018** |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 item 24) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Disability Service Safeguards Act 2018** |\n\n**Disability Service Safeguards Amendment Act 2020, No. 17/2020**\n\n| Assent Date: | 10.6.20 |\n| Commencement Date: | Ss 4–13 on 1.7.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Disability Service Safeguards Act 2018** |\n\n**Worker Screening Act 2020, No. 34/2020**\n\n| Assent Date: | 4.11.20 |\n| Commencement Date: | Ss 197–205 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Disability Service Safeguards Act 2018** |\n\n**Mental Health and Wellbeing Act 2022, No. 39/2022** (as amended by No. 20/2023)\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | S. 822 on 1.9.23: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Disability Service Safeguards Act 2018** |\n\n**Disability and Social Services Regulation Amendment Act 2023, No. 9/2023**\n\n| Assent Date: | 23.5.23 |\n| Commencement Date: | Ss 132−140 on 20.9.23: Special Gazette (No. 483) 12.9.23 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Disability Service Safeguards Act 2018** |\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| Commencement Date: | S. 3(Sch. 1 item 16) on 22.10.25: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Disability Service Safeguards Act 2018** |\n\n**Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025**\n\n| Assent Date: | 16.12.25 |\n| Commencement Date: | Ss 20–25 on 17.12.25: s. 2(1); s. 125(Sch. 2 item 3) on 9.2.26: Special Gazette (No. 50) 3.2.26 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Disability Service Safeguards Act 2018** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":290}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":832},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2018 scope. Originally focused on establishing a Victorian registration scheme for disability workers, it has been substantially amended to integrate with the National Disability Insurance Scheme (NDIS) worker screening framework (via the Worker Screening Act 2020), incorporate mental health and wellbeing commission functions, add extensive transitional provisions for existing workers, and expand enforcement mechanisms including prohibition orders. The 2023 amendments added further NDIS clearance integration, and the 2025 amendments continued expanding regulatory reach. The original 'safeguards' purpose has been layered with complex intergovernmental coordination requirements."},"complexity_factors":["286 sections across 18 Parts with multiple Divisions each","47 defined terms in section 3 alone, many cross-referencing other Acts (NDIS Act, Worker Screening Act 2020, Health Practitioner Regulation National Law)","Dual regulatory structure: Board for registered workers, Commission for unregistered workers, with overlapping and distinct powers","Multiple complaint pathways with 60-day decision deadlines and various referral mechanisms between bodies","Nested exceptions and conditional logic: e.g., section 59(4) exempts notifications in specific circumstances; section 45 lists 8 grounds for taking no further action","Extensive cross-referencing with Commonwealth NDIS legislation and worker screening schemes","Multiple types of registration (general, limited, non-practising) with different eligibility criteria and conditions","Panel procedures (health panels and professional standards panels) with specific composition requirements and procedural rules","Prohibition orders and interim prohibition orders with distinct grounds, durations, and publication requirements","Amendment history showing substantial evolution: 8 amending Acts since 2018, with transitional provisions and repealed sections"],"plain_english_summary":"**What this law does:**\n\nThis is Victoria's scheme for regulating disability workers—people who provide services to people with disabilities. It creates a two-tier system:\n\n- **Registered disability workers**: Must meet qualifications, undergo checks, and follow professional standards. They can use protected titles like \"registered disability worker.\"\n- **Unregistered disability workers**: Must follow a code of conduct but aren't formally registered.\n\n**Key bodies created:**\n- **Disability Worker Registration Board of Victoria**: Sets standards, registers workers, handles complaints about registered workers, and can take disciplinary action.\n- **Victorian Disability Worker Commission**: Handles complaints about unregistered workers, investigates them, and can issue prohibition orders banning them from working.\n- **Victorian Disability Worker Commissioner**: Can issue interim and permanent prohibition orders against unregistered workers who pose serious risks.\n\n**What the law covers:**\n- **Registration types**: General, limited (for training or specific needs), and non-practising.\n- **Complaints process**: Anyone can complain about a worker's conduct. Complaints go to the Commission first, then to the Board if about registered workers.\n- **Notifications**: Employers and other workers must report serious concerns (like impairment, sexual misconduct, or intoxication at work).\n- **Investigations and enforcement**: The Board and Commission can investigate, require health or performance assessments, and hold panel hearings.\n- **Serious sanctions**: Include suspension, conditions on practice, fines up to $30,000, cancellation of registration, and prohibition orders (which can ban unregistered workers from providing services).\n- **Public registers**: Lists of registered workers and prohibited workers are publicly available.\n\n**Who it affects:**\n- Disability workers (both registered and unregistered)\n- People with disabilities who use services\n- Employers and education providers\n- The NDIS (National Disability Insurance Scheme) system, which this law interacts with\n\n**Why it matters:**\nThe law aims to protect vulnerable people from unsafe or poor-quality care, ensure workers are properly qualified, and give the public confidence in disability services. It also aligns with the NDIS while maintaining Victorian oversight."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained consistent with its original purpose of establishing disability service safeguards in Victoria. No amendments or scope changes are evident from the version history provided, though the limited metadata means this assessment is based on incomplete information."},"complexity_factors":["Regulatory framework legislation typically involves multiple interacting duties, definitions, and enforcement mechanisms","Intersection with Commonwealth NDIS (National Disability Insurance Scheme) laws creates potential overlap and jurisdictional complexity","Definitions of 'disability service', 'provider', and 'worker' can have significant boundary effects on who is covered","The legislation is likely supported by subordinate regulations and guidelines not visible in the provided text, adding hidden complexity","Enforcement and complaints provisions in safeguarding legislation typically involve multiple agencies and processes","The provided text contains only metadata/version history, making a full complexity assessment impossible — score may understate actual complexity"],"plain_english_summary":"The Disability Service Safeguards Act 2018 (Vic) creates a legal framework to protect people with disabilities who use disability services by placing safeguards, obligations and oversight on service providers and workers.  \n\nIt affects people with disabilities, their families and carers, and organisations delivering support, aiming to reduce abuse, neglect and poor care by setting minimum standards of conduct and accountability."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Since enactment the Act has been broadened materially in scope by layered amendments and operational integrations. Key extensions include (a) explicit integration with NDIS worker screening and interstate worker‑screening processes and the power to check/receive NDIS clearances and exclusions (ss 151(3)(c)–(d), 256–257); (b) stronger regulatory tools for unregistered workers — approved codes of conduct and express prohibition/interim prohibition orders with publication requirements (Part 9, ss 117–118, 130–137); (c) expanded information‑sharing lines with Commonwealth, State and screening agencies and explicit workforce planning disclosure powers (ss 239–241, 256–257); and (d) additional enforcement and search/seizure powers for authorised officers and investigators and new offence and penalty profiles (Parts 14 and 16). These additions go beyond a basic registration/discipline scheme by building a system that coordinates screening, cross‑jurisdiction regulation and public prohibition for unregistered providers, and by increasing investigatory and enforcement reach. The core purpose of regulating disability workers remains, but the Act now encompasses broader screening, inter‑agency information sharing and preventive prohibition powers that expand its operational footprint."},"complexity_factors":["Large statute: 18 Parts with extensive subdivision (Parts 1–18) and roughly 300+ numbered provisions and schedules (table of provisions spans pp.1–231).","Extensive definitions section (s 3) introducing dozens of defined terms that materially affect application across the Act (e.g. disability, disability worker, NDIS‑related terms, panels, registers).","Multiple decision makers and multilayered review: Board, Commission, Commissioner, investigators, authorised officers, health and professional standards panels, and VCAT (ss 8–9, 21–27, 80, 103–105, 211–216).","Numerous conditional pathways and triage points for complaints/notifications (Parts 3, 4, 5, 7) with concurrent referral options and cross‑jurisdiction referral rules (ss 39, 40, 66, 70).","Heavy cross‑referencing to other statutes and external systems (NDIS Act, Worker Screening Act 2020, Health Complaints Act, Public Administration Act, Magistrates' Court Act and more) creating dependencies on external rules and processes (multiple sections, e.g. ss 46, 70, 256–257).","Complex enforcement architecture: administrative sanctions (conditions/suspension), prohibition orders for unregistered workers, criminal offences with fines and imprisonment — different standards and thresholds (Parts 8–9, 16; ss 73, 130, 263–266, 258–267).","Broad information‑sharing and confidentiality regimes with many exceptions and authorised disclosure routes (ss 237–243, 239–241, 256–257), increasing legal complexity in handling data.","Multiple procedural protections (show‑cause notices, natural justice, appeal/review windows to VCAT, detailed notice and publication rules) producing nested timelines and review periods (ss 75–77, 100–101, 112, 215).","Delegation and staffing rules with exceptions (s 20, 25, 32A) and a regulatory management agreement with financial mechanics (ss 23, 276–283) add administrative complexity.","Registers and recordkeeping obligations across three public registers and separate internal records, with publication rules and limited inspection rights (ss 244–251, 252–253) which interact with disclosure/confidentiality obligations."],"plain_english_summary":"**What this Act does (mechanics)\n\n- Creates a comprehensive regulatory regime for people who provide disability services in Victoria by: setting up a specialist regulator structure — the Disability Worker Registration Board of Victoria (the Board) and the Victorian Disability Worker Commission (the Commission) — and installing a Victorian Disability Worker Commissioner (ss 8, 21, 26–27).\n\n- Requires registration for certain disability workers and creates a separate register for disability students (Parts 11 and 15; ss 151–156, 193, 244–250). Registration types include general, limited and non‑practising registration (ss 151, 154, 158, 166).\n\n- Provides routes for complaints and notifications about both registered and unregistered disability workers and for triage, investigation, conciliation and referral (Parts 3–7; ss 33–41, 47–51, 53–57). The Board handles matters about registered workers and students; the Commission handles unregistered workers and initial assessments (ss 38–39, 47–48).\n\n- Gives the Board and panels powers to require health or performance assessments, to investigate, to take \"immediate action\" (suspension/conditions/undertakings) and to refer serious matters to VCAT (Parts 8 and 13; ss 73–77, 78–99, 103–114, 211–214).\n\n- Regulates unregistered disability workers through approved codes of conduct and by giving the Commissioner power to impose interim prohibition orders and prohibition orders (Part 9; ss 117–118, 130–137).\n\n- Establishes public registers (Register of Disability Workers, Disability Students Register, Register of Prohibition Orders) and limits what may or must be published (Part 15; ss 244–251, 246–247).\n\n- Creates offences and civil/disciplinary sanctions for misuse of protected titles, carrying out restricted services without registration, breaching prohibition orders, false statements, obstructing investigators and advertising breaches; some offences carry large fines or imprisonment (Part 16; ss 258–267, 263–266, 270–273).\n\n- Permits information sharing and disclosure in specified circumstances (for workforce planning, safety, registration, and with other regulatory bodies including NDIS and worker‑screening agencies) while imposing a confidentiality duty (Part 15; ss 237–243, 256–257).\n\n- Funds the scheme by fees, fines and a Disability Worker Regulation Fund administered by the Commission; the Board sets many fees subject to Ministerial directions (ss 276–283, 282).\n\nWho is affected\n\n- Registered disability workers: must meet registration standards, continuing professional development and insurance rules; are subject to complaint, investigation and disciplinary processes (Parts 11, 12, 8; ss 151–192, 205–209, 78–101).\n\n- Unregistered disability workers: are subject to approved codes of conduct, may be investigated by the Commission and can be prohibited from providing services by the Commissioner (Part 9; ss 117–119, 130–137).\n\n- Disability students and education providers: students are registered for supervised practice; education providers must notify the Commission in certain circumstances and provide lists of students (ss 193–198, 61, 194–195).\n\n- Employers, service providers and the public: have notification duties (employers, education providers) and can make complaints; also gain access to public registers (ss 59–66, 244–248).\n\nWhy it matters (stated purposes and how they are achieved)\n\n- Stated purpose: to promote safety, quality and sustainability of the disability workforce by registering workers, regulating practice, providing complaint routes and enabling information sharing (s 1(a), s 6).\n\n- How the Act implements that: registration standards and accreditation (Parts 10, 11); processes for complaints/notifications and investigations (Parts 3–9); powers to restrict practice (immediate action, prohibition orders) and to publicise sanctions (ss 73–76, 130–135, 135); information sharing to support workforce planning and cross‑jurisdiction regulation (ss 239–243, 256–257).\n\nCosts, incentives and trade‑offs (practical effects)\n\n- Who pays: the regulated population — principally registered disability workers and applicants — bear fees for application, registration and renewals (ss 151, 186, 282). The scheme is supported financially by a dedicated Fund into which fees, fines and other monies are paid (ss 276–279). VCAT costs associated with adjudication are met in part from the Fund (s 279(1)).\n\n- Administrative burden on providers and workers: new or ongoing costs and processes include criminal history and worker‑screening checks, evidence of identity, continuing professional development, professional indemnity insurance and reporting obligations (ss 151–153, 254–257, 205–206, 207). Education providers must report on students and may face publication of non‑compliance (ss 61, 194–195).\n\n- Incentives and choice effects: registration and public listing confer market recognition (credentials) but also restrict who may provide prescribed services and what titles may be used (ss 261, 258). The scheme creates incentives for compliance (insurance, CPD, screening) and for organisations to escalate serious matters via notifications (ss 59–61).\n\n- Concentrated benefits and diffuse costs: registered workers and consumers seeking reassurance of standards gain concentrated benefit from an accessible public register and disciplinary routes (ss 244–246, 253). Costs (fees, administrative compliance, potential limitation of practice) are spread across a larger population of workers and employers.\n\n- Rent or influence risk mechanics: the Board develops registration and accreditation standards and the Minister may approve and direct policy (ss 138–147, 141, 142). That structure concentrates standard‑setting power in the Board with Ministerial oversight and potential directions, which is the mechanical trade‑off between expert autonomy and executive control.\n\nImplementation and operational risks\n\n- Resourcing and timeliness: the Act depends on an adequately staffed Commission and Board and on VCAT capacity; delays in decisions, investigations or accreditation approvals would affect workforce supply and individuals (ss 21–22, 276–279, 211–214).\n\n- Cross‑jurisdiction coordination: effective operation depends on data and process links with the NDIS Quality and Safeguards Commission, worker‑screening units and interstate regulators (ss 46, 70, 241, 256–257). Operational frictions here may impede prompt action.\n\n- Compliance and fairness risks: multiple layered processes (initial triage, show‑cause, panels, VCAT review) create complex procedural pathways that must be well managed to respect natural justice and to avoid duplicative or inconsistent outcomes (Parts 3, 8, 13; ss 39, 41, 100–101, 211–216).\n\nConcrete behaviour changes created by the Act\n\n- People delivering specified disability services will need to register or rely on a specific exemption or student status (s 261; regs may specify exempt classes — s 286(1)(m)).\n\n- Disability workers, employers and education providers must notify the Commission of defined serious conduct or impairments (ss 58–61).\n\n- The Board and Commission can require criminal/NDIS checks, health and performance assessments and can take immediate protective action (ss 151–153, 91–99, 73–76).\n\nKey sections to consult for operational detail: purposes and guiding principles (ss 1, 6–7); establishment and functions of Board and Commission (ss 8–9, 21–22); registration rules (Part 11); complaints and notifications (Parts 3 and 7); immediate action, investigations and panels (Part 8); unregistered worker regulation including prohibition orders (Part 9); registers and information sharing (Part 15); offences and the Fund (Part 16).\n\n\nAnalysis short summary (who pays, who decides, what changes):\n\n- Who pays: applicants and registered workers via fees; the Fund is replenished by fees, fines and other receipts (ss 151, 186, 276–279).\n- Who decides: the Board and its panels, the Commissioner and the Commission make regulatory decisions; VCAT conducts independent review of many core decisions; the Minister has limited policy/approval powers (ss 9, 21–27, 103–114, 211–216, 141–143, 142).\n- Behaviour changes: routine criminal/NDIS checks, registration of students, notification duties for employers and education providers, and exposure to administrative and criminal sanctions for non‑compliance (ss 151–153, 61, 59–60, 258–267)."}},"importantCases":[],"_links":{"self":"/api/acts/disability-service-safeguards-act-2018","history":"/api/acts/disability-service-safeguards-act-2018/history","analysis":"/api/acts/disability-service-safeguards-act-2018/analysis","conflicts":"/api/acts/disability-service-safeguards-act-2018/conflicts","importantCases":"/api/acts/disability-service-safeguards-act-2018/important-cases","documents":"/api/acts/disability-service-safeguards-act-2018/documents"}}