132ZFalse statements

132Z False statements A person who makes an oral or written statement in an accountability investigation or to the Commissioner under or for the purposes of this Part which the person knows to be false or misleading in a material respect is guilty of an offence and liable to a penalty not exceeding 60 penalty units. S. 132ZA inserted by No. 33/2017 s. 29. 132ZA Person not to be penalised for making a complaint, providing information (1) A person must not, by threat or intimidation, persuade or attempt to persuade another person— (a) not to make a complaint to the Commissioner or not to continue discussion with or any proceeding before the Commissioner; or (b) not to provide information about allegations of abuse or neglect to the Commissioner; or (c) not to provide any other information to the Commissioner for the purposes of this Part. Penalty: 120 penalty units, in the case of a natural person; 600 penalty units, in the case of a body corporate. (2) A person must not dismiss or refuse to employ another person or subject another person to any detriment, because the other person— (a) intends to make a complaint, or has made a complaint, to the Commissioner; or (b) intends to take part in, is taking part in, or has taken part in, discussions with or proceedings before the Commissioner; or (c) intends to or provides information about allegations of abuse or neglect to the Commissioner; or (d) intends to or provides any other information to the Commissioner for the purposes of this Part. Penalty: 120 penalty units, in the case of a natural person; 600 penalty units, in the case of a body corporate. Subdivision 6—Disclosure of information S. 132ZB inserted by No. 33/2017 s. 29. 132ZB Commissioner may give information to other persons or bodies The Commissioner may give information acquired in the course of administering Divisions 6, 6A, 6B, 6C or this Division, or conducting an inquiry under section 16(c), to any of the following persons if the information is relevant to the performance of a function by the Commissioner or that person— (a) the Minister; (b) the Secretary; (c) the Ombudsman; (d) IBAC; (e) the Commissioner for Privacy and Data Protection; S. 132ZB(f) amended by No. 39/2022 s. 821(2) (as amended by No. 20/2023 s. 49(8)). (f) the Mental Health and Wellbeing Commission; (g) the Health Complaints Commissioner; (h) the Public Advocate; (i) a community visitor; (j) the Commission for Children and Young People; (k) Victoria Police; (l) the State Coroner; (m) any person prescribed by the regulations. S. 132ZC inserted by No. 33/2017 s. 29. 132ZC Offence to disclose or make a record of information (1) A prescribed person must not disclose or make a record of any information gained by that person in the performance of functions or duties or the exercise of powers under this Act, except as authorised under subsection (2). (2) For the purposes of subsection (1), a prescribed person is authorised to disclose or make a record of the information— (a) if it is necessary to do so for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act; or (b) if the person or body to whom the information relates gives written consent to the disclosure or the making of the record; or (c) if the information or record is disclosed to a court or tribunal in the course of criminal proceedings or on the order of the court or tribunal; or (d) if the disclosure or the making of the record is for the purposes of obtaining legal advice; or (e) if the disclosure or the making of the record is otherwise authorised by this Act. (3) Without limiting subsection (1), a prescribed person must not disclose any information given to the prescribed person under a requirement under this Part (including information contained in a document required to be produced to the prescribed person) except as authorised under subsection (4). (4) For the purposes of subsection (3), the prescribed person is authorised to disclose the information— (a) if— (i) the prescribed person has advised the person from whom the information was obtained of the proposal to disclose the information; and (ii) the prescribed person has given that person a reasonable opportunity to consent to the disclosure; and (iii) the person from whom the information was obtained has consented to the proposal to disclose that information; or (b) if the information is disclosed to another prescribed person for the purpose of that person or the Commissioner exercising powers or performing functions under this or any other Act. ***prescribed person*** means a person who is, or has been— (a) the Commissioner; or (b) a delegate of the Commissioner; or (c) an employee in the office of the Commissioner; or (d) a consultant engaged by the Commissioner. Pt 6 Div. 9 (Heading and ss 132ZD–132ZH) inserted by No. 33/2017 s. 29. Division 9—General issues applying to investigations S. 132ZCA inserted by No. 19/2019 s. 63. 132ZCA Application of Division and references (i) an investigation under Division 6, 6A, 6B, 6C or 8 into any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the provider ceased to be a disability service provider or regulated service provider, as the case requires, irrespective of whether the investigation has commenced; or (ii) any investigation under Division 6, 6A, 6B, 6C or 8 that is not concluded before the provider ceased to be a disability service provider or regulated service provider, as the case requires. (2) This Division does not apply to a former disability service provider or a former regulated service provider in relation to an investigation regarding systemic matters across 2 or more service providers unless the investigation commenced before each service provider ceased to be a disability service provider or regulated service provider, as the case requires. S. 132ZD inserted by No. 33/2017 s. 29. 132ZD Definition S. 132ZE inserted by No. 33/2017 s. 29. 132ZE Reporting on investigations (1) As soon as possible after completing a systemic initiated investigation, the Commissioner must give the Minister and the Secretary a report of the investigation. (2) After completing an individual initiated investigation, the Commissioner may give the Minister or the Secretary a report of the investigation. (3) After completing a referral investigation, the Commissioner must give the Minister and the Secretary a report in writing of the investigation. S. 132ZF inserted by No. 33/2017 s. 29. 132ZF Adverse comment on or opinion of service provider in report If a report to the Minister or Secretary under section 132ZE makes an adverse comment on or gives an adverse opinion of an individual or a service provider, at least 14 days before giving the report the Commissioner must— (a) give a copy of the relevant part of the report to the individual or service provider; and (b) give the individual or service provider a reasonable opportunity to comment on the adverse comment or opinion. S. 132ZG inserted by No. 33/2017 s. 29. 132ZG Giving a report to Parliament (1) Subject to subsection (2), the Commissioner may give a copy of a report under section 132ZE(1) to the clerk of each House of the Parliament— (a) no less than 14 days after giving the report to the Minister and Secretary under section 132ZE; and (b) if section 132ZF has been complied with. (2) The Commissioner must not give a copy of a report to the clerk of each House of the Parliament under subsection (1) if the report identifies or names an individual, or contains information which enables an individual to be identified. (3) The clerk of each House of the Parliament must cause the report to be laid before the House on— (a) the day on which it is received; or (b) the next sitting day of the House. (4) If the Commissioner proposes to give the report to Parliament when neither House of the Parliament is sitting, the Commissioner must— (a) give one business day's notice of the Commissioner's intention to do so to the clerk of each House of the Parliament; and (b) give the copy of the report to the clerk of each House of the Parliament on the day indicated in the notice; and (c) cause the report to be published by the Government Printer. (5) The clerk of a House of the Parliament must notify each member of the House of the receipt of a notice under subsection (4)(a) as soon as practicable after the clerk receives the notice. (6) On receiving a copy of the report under subsection (4)(b), the clerk of the House of the Parliament must— (a) as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available on request; and (b) give a copy of the report to any member of the House on request; and (c) cause the copy of the report to be laid before the House on the next sitting day of the House. (7) A copy of a report that is given to the clerk of a House of the Parliament under subsection (1) or (4)(b) is taken to have been published by order, or under the authority, of that House. S. 132ZH inserted by No. 33/2017 s. 29. 132ZH Avoiding unnecessary duplication The Commissioner may liaise with other investigative authorities, official bodies and statutory officers— (a) to avoid unnecessary duplication of inquiries or investigations; and (b) to facilitate the coordination and expedition of inquiries or investigations that are to be separately conducted by different authorities, bodies or officers. Pt 6A (Heading) amended by No. 9/2023 s. 40. Pt 6A (Heading and ss 132ZI–132ZO) inserted by No. 19/2019 s. 64. Part 6A—Appointment of Authorised Program Officers S. 132ZI inserted by No. 19/2019 s. 64, substituted by No. 9/2023 s. 41. 132ZI Disability service provider or registered NDIS provider to appoint Authorised Program Officer (1) A disability service provider or a registered NDIS provider must appoint an Authorised Program Officer if the provider intends to use— (a) restrictive practices on a person under Part 7; or (b) compulsory treatment or restrictive practices on a person under Part 8. (2) More than one Authorised Program Officer may be appointed by a provider under subsection (1). S. 132ZJ (Heading) amended by No. 9/2023 s. 42(1). S. 132ZJ inserted by No. 19/2019 s. 64. 132ZJ Disability service provider or registered NDIS provider to seek approval from Senior Practitioner for appointment of Authorised Program Officer S. 132ZJ(1) amended by No. 9/2023 s. 42(2). (1) A disability service provider or a registered NDIS provider who proposes to appoint an Authorised Program Officer must apply to the Senior Practitioner for approval of the proposed appointment. (2) An application for approval must include— (a) the name of the proposed Authorised Program Officer; and (b) the qualifications of the proposed Authorised Program Officer; and (c) any other information requested by the Senior Practitioner. (3) The Senior Practitioner may approve the appointment of one or more Authorised Program Officers subject to any conditions that the Senior Practitioner considers appropriate. (4) The Senior Practitioner must keep a register of the name and qualifications of each Authorised Program Officer appointed under this Part. S. 132ZK inserted by No. 19/2019 s. 64. 132ZK Revocation of approval The Senior Practitioner may revoke the approval of the appointment of an Authorised Program Officer if the Senior Practitioner considers it appropriate to do so. S. 132ZL (Heading) amended by Nos 9/2023 s. 43(1), 37/2021 s. 367A(1) (as amended by No. 9/2023 s. 250). S. 132ZL inserted by No. 19/2019 s. 64, amended by Nos 9/2023 s. 43(2), 37/2021 s. 367A(2) (as amended by No. 9/2023 s. 250). 132ZL Senior Practitioner to notify Social Services Regulator or NDIS Commissioner The Senior Practitioner must give written notice to the Social Services Regulator (in the case of a disability service provider) or the NDIS Commissioner (in the case of a registered NDIS provider) if the Senior Practitioner— (a) refuses to approve the appointment of an Authorised Program Officer; or (b) revokes the appointment of an Authorised Program Officer. S. 132ZM (Heading) amended by No. 9/2023 s. 44(1). S. 132ZM inserted by No. 19/2019 s. 64. 132ZM Senior Practitioner to notify disability service provider or registered NDIS provider before refusal or revocation S. 132ZM(1) amended by No. 9/2023 s. 44(2). (1) The Senior Practitioner must not refuse an application under section 132ZJ or revoke approval of the appointment of an Authorised Program Officer under section 132ZK unless the Senior Practitioner has given a written notice to the disability service provider or the registered NDIS provider in accordance with subsection (2) and has considered any submission made by the disability service provider or the registered NDIS provider. (2) The notice must specify— (a) the proposed decision and the reasons for the proposed decision; and S. 132ZM(2)(b) amended by No. 9/2023 s. 44(3). (b) that the disability service provider or the registered NDIS provider may make a written submission within 14 days after the notice is given. S. 132ZN inserted by No. 19/2019 s. 64. 132ZN Application for review of appointment decision S. 132ZN(1) amended by No. 9/2023 s. 45(1). (1) A disability service provider or a registered NDIS provider may apply to VCAT for a review of a decision by the Senior Practitioner— (a) to refuse an application for approval of an appointment of an Authorised Program Officer under section 132ZJ; or (b) to revoke the appointment of an Authorised Program Officer under section 132ZK. (2) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; or S. 132ZN(2)(b) substituted by No. 9/2023 s. 45(2). (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the disability service provider or the registered NDIS provider requests a statement of reasons for the decision, the day on which— (i) the statement of reasons is given to the disability service provider or the registered NDIS provider; or (ii) the disability service provider or the registered NDIS provider is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 132ZO inserted by No. 19/2019 s. 64. 132ZO Senior Practitioner may issue directions S. 132ZO(1) amended by No. 9/2023 s. 46(1)(a). (1) The Senior Practitioner may issue directions to disability service providers and registered NDIS providers in relation to— (a) the minimum qualifications required to be held by persons who are proposed Authorised Program Officers; and (b) training to be completed by Authorised Program Officers; and S. 132ZO(1)(c) amended by No. 9/2023 s. 46(1)(b). (c) any other matter in relation to Authorised Program Officers; and S. 132ZO(1)(d) inserted by No. 9/2023 s. 46(1)(c). (d) any prescribed matter. S. 132ZO(1A) inserted by No. 9/2023 s. 46(2). (1A) The Senior Practitioner may direct a disability service provider or a registered NDIS provider to appoint an Authorised Program Officer. S. 132ZO(2) amended by No. 9/2023 s. 46(3). (2) A direction issued by the Senior Practitioner under subsection (1) must be published on the Department's internet site. Pt 6B (Heading and ss 132ZP–132ZY) inserted by No. 19/2019 s. 64, repealed by No. 9/2023 s. 47. Pt 7 (Heading and ss 133–150) amended by Nos 22/2012 ss 54–68, 13/2019 s. 221(Sch. 1 item 12.3), 19/2019 ss 65–86, substituted as Pt 7 (Heading and ss 133–149) by No. 9/2023 s. 47.