Disability Service Safeguards Act 2018

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to regulate registered and unregistered disability workers by—

(i) providing for a registration scheme for disability workers and disability students receiving training to be disability workers; and

(ii) establishing the Disability Worker Registration Board of Victoria; and

(iii) establishing the Victorian Disability Worker Commission; and

(iv) providing for the appointment of the Victorian Disability Worker Commissioner; and

(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

(vi) providing for appropriate information sharing in relation to disability workers; and

(b) to amend the Residential Tenancies Act 1997—

(i) to provide for the rights and duties of SDA residents and SDA providers consistently with the National Disability Insurance Scheme; and

(ii) to provide access to SDA residents and SDA providers to general tenancy arrangements under Part 2 of that Act; and

(iii) to enable SDA residents to exercise choice and control in respect of their accommodation arrangements; and

(c) to make consequential amendments to—

(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

(ii) the Disability Act 2006 and other Acts to enable the Residential Tenancies Act 1997 to provide for SDA residents and SDA providers.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 July 2020, it comes into operation on that day.

3 Definitions

(1) In this Act—

ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;

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;

adjudication body means—

(a) a panel; or

(b) VCAT; or

(c) a court;

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;

approved accreditation standard means an accreditation standard that has taken effect in accordance with section 147;

approved area of practice, for disability workers, means an area of practice approved under section 175;

approved code of conduct means any prescribed code of conduct in relation to unregistered disability workers;

S. 3(1) def. of approved program of study amended by No. 41/2025 s. 3(Sch. 1 item 16.1(a)).

approved program of study means—

(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

(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;

approved qualification means—

(a) a qualification obtained by completing an approved program of study; and

(b) in the case of endorsement of registration, a qualification obtained by completing an approved program of study relevant to the endorsement;

S. 3(1) def. of approved registration standard amended by No. 17/2020 s. 4.

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);

authorised officer means a person appointed under Division 1 of Part 14;

Board means the Disability Worker Registration Board of Victoria established under section 8;

Chief Commissioner has the same meaning as it has in the Victoria Police Act 2013;

S. 3(1) def. of clearance inserted by No. 19/2019 s. 218(a), substituted by No. 34/2020 s. 197(c).

clearance means—

(a) an NDIS clearance; or

(b) an interstate NDIS clearance within the meaning of the Worker Screening Act 2020;

Commission means the Victorian Disability Worker Commission established under section 21;

Commissioner means the Victorian Disability Worker Commissioner appointed under section 26;

complaint means a complaint made in relation to an unregistered disability worker, a registered disability worker or a disability student under Part 3;

S. 3(1) def. of correspond-ing NDIS worker screening law inserted by No. 34/2020 s. 197(a).

corresponding NDIS worker screening law has the same meaning as in the Worker Screening Act 2020;

S. 3(1) def. of criminal history amended by No. 41/2025 s. 3(Sch. 1 item 16.1(b)).

criminal history, of a person, means the following—

(a) every conviction of the person for an offence, in Victoria or elsewhere, and whether before, on or after the commencement of this section;

(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;

(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;

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;

disability has the meaning given in section 4;

disability service means—

(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—

(i) communication;

(ii) social or economic participation;

(iii) social interaction;

(iv) learning;

(v) mobility;

(vi) self‑care;

(vii) self‑management; or

(b) a prescribed service;

disability student means an individual whose name is on the Disability Students Register;

Disability Students Register means the register kept under section 249 by the Board;

disability worker means, subject to subsection (2), a person (other than a disability student) who—

(a) directly provides a disability service to a person with a disability; or

(b) supervises or manages another person who directly provides a disability service to a person with a disability;

education provider means—

(a) a university; and

(b) a tertiary education institution, or another institution or organisation, that provides vocational training;

S. 3(1) def. of exclusion inserted by No. 19/2019 s. 218(a), substituted by No. 34/2020 s. 197(d).

exclusion means—

(a) an NDIS exclusion; or

(b) an interstate NDIS exclusion within the meaning of the Worker Screening Act 2020;

family member has the meaning given in section 5;

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—

(a) in the case of a person who is a disability worker, the person's capacity to practise as a disability worker; and

(b) in the case of a person who is a disability student, the person's capacity to undertake supervised practice;

S. 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)).

health complaints entity means—

(a) the Health Complaints Commissioner appointed under section 111 of the Health Complaints Act 2016; and

(b) the Mental Health and Wellbeing Commission established by section 411 of the Mental Health and Wellbeing Act 2022;

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;

health panel means a panel established under section 103;

health practitioner has the same meaning as in the Health Practitioner Regulation National Law;

impairment means a loss or abnormality of structure or function of an intellectual, cognitive, neurological, sensory, psychological or physical nature, whether permanent or temporary;

S. 3(1) def. of interim bar repealed by No. 34/2020 s. 197(f).

S. 3(1) def. of interim exclusion inserted by No. 34/2020 s. 197(a).

interim exclusion means—

(a) an interim NDIS exclusion within the meaning of the Worker Screening Act 2020; or

(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;

investigator means a person appointed under section 80(1);

S. 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)).

Mental Health and Wellbeing Commission has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022;

NDIS means the National Disability Insurance Scheme within the meaning of the NDIS Act;

NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth;

S. 3(1) def. of NDIS check inserted by No. 34/2020 s. 197(a).

NDIS check has the same meaning as in the Worker Screening Act 2020;

S. 3(1) def. of NDIS clearance inserted by No. 34/2020 s. 197(a).

NDIS clearance has the same meaning as in the Worker Screening Act 2020;

S. 3(1) def. of NDIS exclusion inserted by No. 34/2020 s. 197(a).

NDIS exclusion has the same meaning as in the Worker Screening Act 2020;

NDIS Quality and Safeguards Commission means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act;

S. 3(1) def. of NDIS worker screening agency repealed by No. 19/2019 s. 218(b).

S. 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).

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;

S. 3(1) def. of NDIS worker screening unit inserted by No. 19/2019 s. 218(a), substituted by No. 34/2020 s. 197(e).

NDIS worker screening unit means an NDIS worker screening unit within the meaning of the Worker Screening Act 2020;

notifiable conduct—see section 58;

notification means a notification made under Part 7;

notifier means a person who makes a notification;

panel means—

(a) a health panel; or

(b) a professional standards panel;

S. 3(1) def. of party amended by No. 41/2025 s. 3(Sch. 1 item 16.1(c)).

party, in relation to a complaint, means—

(a) the complainant; or

(b) the disability worker about whom the complaint is made; or

(c) the person who received or sought the relevant disability service, if that person is not the complainant;

performance assessment means an assessment of the knowledge, skill or judgement possessed, or care exercised, by a person practising as a registered disability worker;

professional standards panel means a panel established under section 104;

professional misconduct of a registered disability worker includes—

(a) conduct that is substantially below the standard reasonably expected of a registered disability worker of an equivalent level of training or experience; and

(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

(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;

program of study means a program of study provided by an education provider;

psychologist has the same meaning as it has in the Health Practitioner Regulation National Law;

Register means the Register of Disability Workers kept under section 244;

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;

registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law;

registered NDIS provider has the same meaning as in the NDIS Act;

relevant fee, for a service provided by the Board, means the fee set by the Board in accordance with this Act;

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;

type of registration means a kind of registration being one of the following—

(a) general registration;

(b) limited registration;

(c) non-practising registration;

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—

(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

(b) a contravention by the disability worker of—

(i) a condition to which the disability worker's registration is subject; or

(ii) an undertaking given by the disability worker to the Board; and

(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

(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

(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

(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

(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

(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;

unregistered disability worker means a disability worker who is not registered under Part 11;

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.

(2) For the purposes of the definition of disability worker, a person is not a disability worker if—

(a) the person—

(i) is a family member of a person with a disability; and

See definition of family member in section 5.

(ii) provides disability services to the person with a disability; and

(iii) does not receive a fee or reward for providing those disability services; or

(b) the person voluntarily provides disability services, unless the person provides the disability services on behalf of an organisation or agency.

4 Definition of *disability*

(1) In this Act, disability means—

(a) an impairment, or any combination of impairments, that—

(i) is, or is likely to be, permanent; and

(ii) may, or may not, be attributable to a psychiatric condition; and

(iii) causes, or is likely to cause, a person to require lifelong support; and

(iv) results in a person having substantially reduced functional capacity to undertake one or more of the following activities—

(A) communication;

(B) social or economic participation;

(C) social interaction;

(D) learning;

(E) mobility;

(F) self-care;

(G) self-management; or

(b) a developmental delay.

(2) For the purposes of the definition of disability in subsection (1)—

developmental delay means a delay in the development of a child under the age of 6 years that—

(a) is attributable to an impairment, or any combination of impairments; and

(b) results in substantial functional limitations to undertake one or more of the following activities—

(i) self-care;

(ii) receptive and expressive language;

(iii) cognitive development;

(iv) motor development; and

(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.

5 Definition of *family member*

(1) In this Act, family member of a person means—

(a) the spouse or domestic partner of the person; or

(b) a person who has or has had an intimate personal relationship with the person; or

(c) a person who is or has been a relative of the person; or

(d) a child who normally or regularly resides with the person; or

(e) a child of whom the person is a guardian; or

(f) another person who is or has been ordinarily a member of the household of the person.

(2) For the purposes of the definition of family member in subsection (1)—

domestic partner of a person means—

(a) a person who is in a registered relationship with the person; or

(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—

(a) for fee or reward; or

(b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

parent of a child includes a guardian of the child or a person with whom the child normally or regularly resides;

relative of a person means—

(a) a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law of the person; or

(b) a son, daughter, grandson, granddaughter, step-son,
step-daughter, son-in-law or
daughter-in-law of the person; or

(c) a brother, sister, half-brother, half‑sister, brother-in-law or
sister-in-law of the person; or

(d) an uncle, aunt, uncle-in-law or
aunt-in-law of the person; or

(e) a nephew or niece of the person; or

(f) a cousin of the person—

and includes, in the case of domestic partners, a person who would be such a relative if the domestic partners were married to each other;

spouse of a person means a person to whom the person is or was married.

(3) For the purposes of the definition of domestic partner in subsection (2)—

(a) registered relationship has the same meaning as in the Relationships Act 2008; and

(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

(c) a person is not a domestic partner of another person only because they are co-tenants.

6 Objective

The objective of Parts 1 to 17 of this Act is to promote the quality, safety, responsiveness and sustainability of the disability workforce by—

(a) providing for—

(i) the registration of certain disability workers and disability students; and

(ii) the regulation of registered and unregistered disability workers; and

(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

(c) facilitating access by persons with a disability to information and services provided by the disability workforce; and

(d) encouraging innovation and quality improvement in the education and training of the disability workforce and in the provision of disability services.

7 Guiding principles

(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—

(a) to be respected for their human worth and to be treated with dignity as individuals; and

(b) to live free from abuse, neglect and exploitation; and

(c) to realise their individual capacity for physical, social, emotional and intellectual development; and

(d) to exercise choice and control over their own lives; and

(e) to access information and communicate in a manner appropriate to their communication and cultural needs; and

(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

(g) to choose disability workers with the values, skills and qualifications that meet their needs; and

(h) to access services which support their quality of life.

(2) Other guiding principles of the regulatory scheme are—

(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

(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

(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.

(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.

Part 2—Governance

Division 1—Disability Worker Registration Board of Victoria

8 Establishment of the Board

There is established the Disability Worker Registration Board of Victoria.

9 Functions and powers

(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—

(a) to set standards for registration of disability workers and the practice of registered disability workers;

(b) to accredit training programs and supervised practice arrangements that qualify persons for registration as a disability worker;

(c) to assess the probity and qualifications of applicants for registration and to register suitably qualified disability workers;

(d) to register suitably qualified disability workers;

(e) to register persons as disability students to undertake supervised practice as part of an approved program of study;

(f) to deal with matters of impairment in relation to registered disability workers and disability students;

(g) to receive, assess and deal with notifications and complaints about registered disability workers and disability students;

(h) to monitor compliance with registration and practice standards by registered disability workers;

(i) to collect and provide data for disability workforce planning and system improvement purposes;

(j) to regulate the advertising of services provided by registered disability workers.

(2) The Board has all the powers necessary to perform its functions.

10 Membership of the Board

(1) On the recommendation of the Minister, the Governor in Council may appoint a person to be a member of the Board.

(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—

(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;

(b) at least 2 and not more than two-thirds of the members are registered disability workers;

(c) at least 3 members are persons with a disability.

(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.

(4) A person is not eligible to be a member of the Board if—

(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

(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.

11 Term of office

(1) A member of the Board—

(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

(b) is eligible for reappointment.

(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.

(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.

12 When does a Board member's office become vacant?

(1) The office of a member of the Board becomes vacant if the member—

(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

(b) becomes an insolvent under administration; or

(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d) resigns by writing delivered to the Minister; or

(e) is removed from office under subsection (2).

(2) The Governor in Council may remove a member of the Board from office if of the opinion that the member—

(a) is guilty of improper conduct in carrying out the duties of the member's office; or

(b) is mentally or physically incapable of carrying out satisfactorily the duties of the member's office; or

(c) has failed to comply with any term or condition of appointment.

13 Chairperson

(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.

(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.

14 Payment of members

(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.

(2) The Governor in Council may fix different remuneration for different classes of members of the Board.

15 Acting appointments

(1) The Minister may appoint a person from a list of persons approved under subsection (5) to act as a member of the Board—

(a) during a vacancy in the office of member; or

(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.

(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.

(3) An acting member—

(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

(b) is entitled to be paid the remuneration and allowances to which the member would have been entitled for performing those duties; and

(c) is eligible for reappointment as a member of the Board.

(4) The Minister may terminate at any time an acting appointment.

(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.

16 Meetings

(1) The following persons are to preside at a meeting of the Board—

(a) the chairperson;

(b) a member appointed by the members present if the chairperson is absent.

(2) The quorum of the Board is a majority of the members for the time being.

(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.

(4) The Board must ensure that accurate minutes are kept of its meetings.

(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.

(6) Subject to this Part, the Board may regulate its own procedure.

17 Conflicts of interest

(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.

Penalty: 5 penalty units.

(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.

(3) After becoming aware of the conflict of interest in a matter—

(a) unless the Board directs otherwise, the member must not be present during any deliberations on the matter; and

(b) the member is not entitled to vote on the matter; and

(c) if the member does vote, the vote must be disallowed.

(4) For the purposes of this section, a member is not regarded as having a conflict of interest—

(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

(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.

18 Validity of acts or decisions

An act or a decision of the Board is not invalid—

(a) only because of—

(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

(ii) a vacancy in the office of a member; or

(b) on the ground that the occasion for an acting member to act had not arisen or had ceased.

19 Establishment of committees

(1) The Board may establish one or more committees—

(a) to assist the Board in exercising any of its functions; or

(b) to provide expert advice on any matter relating to the Board's functions.

(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.

(3) The Board may decide the matters to be considered by a committee.

20 Delegation

The 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—

(a) a member of the Board;

(b) the Commissioner;

S. 20(c) substituted by No. 19/2019 s. 219.

(c) a person referred to in section 32A(1) or (2);

(d) a committee established under section 19.

Division 2—Victorian Disability Worker Commission

21 Establishment and constitution of the Victorian Disability Worker Commission

(1) There is established a Victorian Disability Worker Commission.

(2) The Commission—

(a) is a body corporate with perpetual succession; and

(b) must have a common seal; and

(c) may sue and be sued; and

S. 21(2)(d) repealed by No. 19/2019 s. 220.

(e) may enter into contracts or other arrangements; and

(f) may acquire, hold and dispose of real and personal property; and

(g) may do and suffer all acts and things that a body corporate may by law do and suffer.

(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.

(4) The Commission is to be constituted by the Victorian Disability Worker Commissioner.

22 Functions and powers of the Commission

(1) The Commission has the following functions in relation to registered disability workers and disability students—

(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;

(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;

(c) to implement efficient procedures for the purpose of supporting the Board to perform its function in relation to accreditation and registration;

(d) to implement efficient procedures for receiving and passing on to the Board complaints and notifications about registered disability workers and disability students;

(e) to receive, assess and investigate complaints and, if appropriate, to refer them to the Board;

(f) to receive and assess notifications and, if appropriate, to refer them to the Board;

(g) if appropriate, to conciliate complaints;

(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;

(i) to monitor, identify and advise the Minister about trends in relation to complaints and notifications, and other related matters;

(j) any other function conferred on the Commission in relation to the Board by this or any other Act.

(2) The Commission has the following functions in relation to unregistered disability workers—

(a) to implement efficient procedures for receiving and dealing with complaints;

(b) to receive, assess and deal with complaints and notifications and, if appropriate, refer them to the Board;

(c) if appropriate, to conciliate complaints;

(d) to provide advice to the Minister about matters referred to the Commission by the Minister;

(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;

(f) to monitor, identify and advise the Minister about trends in relation to complaints and notifications, and other related matters;

(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;

(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;

(i) any other function conferred on the Commission in relation to the Commission by this or any other Act.

(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.

23 Regulatory management agreement

The Commission must enter into a regulatory management agreement with the Board in accordance with section 276.

S. 24 repealed by No. 19/2019 s. 221.

S. 25 amended by No. 19/2019 s. 222.

25 Delegation

The 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).

26 Appointment of Victorian Disability Worker Commissioner

(1) The Governor in Council, on the recommendation of the Minister, by instrument may appoint a person as the Victorian Disability Worker Commissioner.

(2) The Minister must consult the Board before making a recommendation under subsection (1).

S. 26(3) inserted by No. 19/2019 s. 223.

(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.

27 Duties, functions and powers of the Commissioner

(1) The Commissioner has the following functions—

(a) all the duties, functions and powers of the Commission under this Act;

(b) to issue prohibition orders, interim prohibition orders and public statements in relation to unregistered disability workers;

S. 27(1)(c) amended by No. 19/2019 s. 224.

(c) any other duties, functions and powers conferred on the Victorian Disability Commissioner under this or any other Act.

(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.

28 Terms and conditions of appointment

(1) The Commissioner—

(a) holds office for the period, not exceeding 5 years, that is specified in the instrument of appointment; and

(b) is eligible for reappointment; and

(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.

(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.

(3) The Commissioner is entitled to the remuneration and allowances determined from time to time by the Governor in Council.

29 Acting appointment

(1) The Governor in Council may appoint a person to act as the Victorian Disability Worker Commissioner—

(a) during a vacancy in the office of the Commissioner; or

(b) during any period when—

(i) the Commissioner is absent; or

(ii) the Commissioner is for any other reason unable to perform the duties of the office of Victorian Disability Worker Commissioner.

(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.

(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.

(4) A person appointed under subsection (2) is entitled to the remuneration and allowances that are determined by the Minister.

(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.

(6) The Governor in Council may revoke an appointment under subsection (1) at any time.

(7) The Minister may revoke an appointment under subsection (2) at any time.

30 Vacancy and resignation

The Commissioner ceases to hold office if the Commissioner—

(a) resigns by writing delivered to the Minister; or

(b) becomes insolvent under administration; or

(c) is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence; or

(d) nominates for election for or is elected to—

(i) the Parliament of Victoria; or

(ii) the Parliament of the Commonwealth or of another State or a Territory of the Commonwealth; or

S. 30(d)(iii) amended by No. 9/2020 s. 390(Sch. 1 item 24).

(iii) a Council, within the meaning of the Local Government Act 2020; or

(e) is removed from office under section 31.

31 Removal from office

The Governor in Council, on the recommendation of the Minister, may remove the Commissioner from office on any of the following grounds—

(a) any misconduct of the Commissioner in carrying out the duties of the office;

(b) a conflict of interest of the Commissioner when carrying out the duties of the office;

(c) any neglect of the Commissioner in carrying out the duties of the office;

(d) an inability of the Commissioner to perform the duties of the office;

(e) the Commissioner engaging in paid employment outside the duties of the office without the consent of the Minister.

32 Validity of decisions

A decision of the Commissioner is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Commissioner.

S. 32A inserted by No. 19/2019 s. 225.

32A Staff

(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.

(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.

Part 3—Complaints—Preliminary matters

Division 1—Making a complaint

33 Complaints about disability workers and disability students

(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—

(a) the standard of the disability services provided by the disability worker in the course of practising as a disability worker;

(b) the knowledge, skill or judgement possessed by the disability worker;

(c) the disability worker's suitability to hold registration;

(d) the disability worker's capacity to practise in a safe manner;

(e) an alleged contravention of this Act or an approved code of conduct;

(f) matters about which a notification must be made.

(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—

(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;

(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.

34 How a complaint is made

(1) A complaint may be made orally or in writing.

(2) A complaint must include particulars of the ground on which it is made.

(3) If a complaint is made verbally, the Commission or the Board, as the case requires, must make a record of the complaint.

35 Reasonable assistance to be given to complainant

(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.

(2) Without limiting subsection (1), the Commission or the Board may assist an individual to make a complaint if—

(a) the individual is not able to put the individual's complaint in writing without assistance; or

(b) the individual needs assistance to clarify the nature of the individual's complaint.

36 Protection for persons making a complaint

(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.

(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.

(3) Nothing in this section derogates from the protection of a person under section 87.

37 Withdrawal of complaint

(1) A complainant may withdraw a complaint at any time after making it by written notice given to the Commission.

(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—

(b) the health, safety or welfare of the public.

Division 2—Initial consideration of complaints received

38 Board to refer all complaints received to Commission for initial consideration

As soon as practicable after receiving a complaint, the Board must refer the complaint to the Commission for initial consideration under this Division.

39 Initial consideration of complaint

(1) The Commission, within 60 days after receipt of a complaint from the complainant or the Board, must decide if the complaint relates to—

(a) a person who is—

(i) a registered disability worker; or

(ii) a disability student; or

(iii) an unregistered disability worker; or

(b) a matter that is otherwise regulated under this Act.

(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.

(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.

(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).

(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.

(6) The Commission may share any relevant information with an appropriate entity in another jurisdiction under this section.

40 Commission may divide or concurrently deal with complaints

(1) The Commission may divide a complaint at any time—

(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

(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—

(i) a notification under Part 7; or

(ii) a notification, complaint, investigation or inquiry under a law of the Commonwealth, another State or a Territory.

(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—

(a) the complainant or complainants are not disadvantaged; and

(b) the disability worker's or disability student's rights are not adversely affected; and

(c) the person who received or sought the disability service is not disadvantaged.

Part 4—The Board and complaints about registered disability workers and disability students

41 Board to assess complaint

(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—

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

(ii) counselling the registered disability worker;

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

(iv) referring the complaint to an appropriate entity;

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

S. 41(1)(a)(vi) amended by No. 41/2025 s. 3(Sch. 1 item 16.2(a)).

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

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

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

S. 41(1)(b) amended by No. 41/2025 s. 3(Sch. 1 item 16.2(b)).

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

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

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

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

(ii) counselling the disability student;

S. 41(2)(a)(iii) amended by No. 41/2025 s. 3(Sch. 1 item 16.2(c)).

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

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

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

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

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

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

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

42 Notice of receipt of complaint to registered disability worker or disability student

(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.

(2) The notice must advise the registered disability worker or disability student of the nature of the complaint.

(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—

(a) prejudice an investigation of the complaint; or

43 Board may deal with complaints about same person together

If the Board receives more than one complaint about a registered disability worker or a disability student, the Board may deal with the complaints together.

44 Board may settle complaint by agreement

The Board may settle a complaint about a registered disability worker or a disability student with all or any of the following persons—

(b) the registered disability worker or disability student;

(c) the person who received or sought the disability services related to the complaint, if that person is not the complainant.

45 When Board may decide to take no further action

(1) The Board may decide to take no further action in relation to a complaint if—

(a) the Board reasonably believes the complaint is frivolous, vexatious, misconceived or lacking in substance; or

(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

(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

(d) the subject matter of the complaint has already been dealt with adequately by the Board or the Commission; or

(e) the subject matter of the complaint—

(i) is being dealt with, or has been dealt with, by another entity; or

(ii) has been referred by the Board to another entity to be dealt with by that entity; or

(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

(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

(h) the complaint is made more than 12 months after the disability service sought was not provided.

(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.

(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.

(4) A notice under subsection (3) must state—

(a) that the Board has decided to take no further action in relation to the complaint; and

(b) the reason why the Board has decided to take no further action.

46 Complaints about registered NDIS providers

If 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—

(a) must refer the complaint to the NDIS Quality and Safeguards Commission; and

(b) may deal with the complaint in accordance with this Act; and

(c) may defer dealing with the complaint until after the NDIS Quality and Safeguards Commission has considered the complaint.

Part 5—The Commission and complaints about unregistered disability workers

47 Commission must assess complaint

(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—

(i) counselling the unregistered disability worker;

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

(iii) referring the complaint to an appropriate entity;

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

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

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

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

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

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

(b) the unregistered disability worker;

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

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

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

48 Notice of receipt of complaint to unregistered disability worker

(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.

(2) The notice must advise the unregistered disability worker of the nature of the complaint.

(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—

(a) prejudice an investigation of the complaint; or

49 When Commission may decide to take no further action

The Commission may take no further action in relation to a complaint made to the Commission about an unregistered disability worker if—

(a) the Commission is satisfied that the complaint is frivolous or vexatious or was not made in good faith; or

(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

(c) the complainant does not comply with a request for more information under section 47(2); or

(d) the subject matter of the complaint comes within the jurisdiction of an adjudication body or other entity; or

(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

(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

(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

(h) the complaint has been withdrawn under section 37.

50 Commission may settle complaint by agreement

The Commission may settle a complaint about an unregistered disability worker with all or any of the following persons—

(b) the unregistered disability worker;

(c) the person who received or sought the disability service related to the complaint, if that person is not the complainant.

51 Decision to reopen complaint

(1) The Commission may decide to deal with a complaint in relation to which the Commission had decided to take no further action if—

(a) the Commission becomes aware of new information in respect of that complaint; or

(b) the Commission reasonably believes that further action should be taken in relation to that complaint.

(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.

52 Complaints about registered NDIS providers

If 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—

(a) must refer the complaint to the NDIS Quality and Safeguards Commission; and

(b) may deal with the complaint in accordance with this Act; and

(c) may defer dealing with the complaint until after the NDIS Quality and Safeguards Commission has considered the complaint.

Part 6—Conciliation

53 Proposed conciliation of the whole or a part of a complaint

(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.

(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.

(3) The notice must specify the following matters—

(a) the date on which the conciliation is proposed to commence;

(b) the whole or part of the complaint to be the subject of the conciliation;

(c) the Commission's role in the conduct of a conciliation;

(d) the obligations of the parties to a conciliation under section 55;

(e) the offence under section 55.

54 Conciliation

The Commission, as the case requires, must not commence a conciliation of a complaint unless—

(a) the parties have agreed to participate in the conciliation; and

(b) written notice of the conciliation is given to a party under section 53 before the parties agree to participate in the conciliation.

55 Confidentiality of information given or agreement reached in conciliation process

(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.

Penalty: 20 penalty units.

(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.

(3) Evidence of anything said or done in a conciliation is not admissible in a hearing or proceeding in a court or a tribunal.

56 Completion of conciliation

As soon as practicable after the completion of a conciliation, the Commission must provide written notice to the parties that specifies—

(a) the date on which the conciliation ceased; and

(b) the outcome of the conciliation.

57 Duty of confidentiality—conciliation

(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)—

(a) the Commission;

(b) the Commissioner;

(c) a member of the Board;

S. 57(1)(d) substituted by No. 17/2020 s. 5(1).

(d) a person referred to in section 32A.

Penalty: 60 penalty units.

(2) A person referred to in subsection (1) may disclose information in one or more of the following circumstances—

(a) the person believes on reasonable grounds that the disclosure is necessary to avoid a serious risk to—

(i) the life, health, safety or welfare of a person; or

(ii) the health, safety or welfare of the public;

(b) the disclosure is made with the written agreement of the person to whom the information relates;

S. 57(2)(c) substituted by No. 17/2020 s. 5(2).

(c) the disclosure is made by a person referred to in section 32A to another such person;

S. 57(2)(d) substituted by No. 17/2020 s. 5(2).

(d) the disclosure is made by the Commissioner to a person referred to in section 32A;

(e) the disclosure is made in the course of the Commission advising the Board in relation to the outcome of a conciliation;

(f) the disclosure is otherwise authorised by the Minister on the grounds that the disclosure is in the public interest.

Part 7—Notifications

Division 1—Definition

58 Definition

notifiable conduct, in relation to a disability worker (whether registered or unregistered), means the disability worker—

(a) practised as a disability worker while intoxicated by alcohol or drugs; or

(b) engaged in sexual misconduct while practising as a disability worker; or

(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

(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.

Division 2—Obligation to make notification

59 Notification by disability worker about another disability worker or a disability student

(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.

See section 62 which provides protection from civil and administrative liability for persons who, in good faith, make a notification under this Act.

(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.

See section 62 which provides protection from civil and administrative liability for persons who, in good faith, make a notification under this Act.

(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.

(4) A disability worker is not required to notify the Commission of the disability worker's reasonable belief under subsection (1) or (2) if—

(a) the disability worker—

(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

(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

(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.

60 Notifications by employers

S. 60(1) amended by No. 58/2025 s. 20.

(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.

See section 62 which provides protection from civil and administrative liability for persons who, in good faith, make a notification under this Act.

(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.

employer, of a disability worker, means a person that employs the disability worker under a contract of employment or a contract for services.

61 Notifications by education providers

S. 61(1) amended by No. 58/2025 s. 21.

(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—

(b) the health, safety or welfare of the public; or

See section 62 which provides protection from civil and administrative liability for persons who make a notification under this Act.

(2) If an education provider fails to comply with subsection (1), the Board—

(a) may publish details of the failure on the Commission's Internet site; and

(b) may include a statement about the failure in its annual report.

(3) If the Commission proposes taking action under subsection (2), the Commission must—

(b) invite the education provider to make a submission to the Commission, within 30 days after receipt of the notice.

(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.

(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).

62 Protection for persons making a notification

(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.

(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.

(3) Nothing in this section derogates from the protection of a person under section 285.

Division 3—How to make a notification

63 How a notification is made

(1) A notification to the Commission may be made orally or in writing.

(2) A notification must include particulars of the ground on which it is made.

(3) If a notification is made verbally, the Commission must make a record of the notification.

64 Reasonable assistance to be given to notifier

(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.

(2) Without limiting subsection (1), the Commission may assist an individual to make a notification if—

(a) the individual is not able to put the individual's notification in writing without assistance; or

(b) the individual needs assistance to clarify the nature of the individual's notification.

Division 4—Initial consideration of notifications

65 Board to refer all notifications received to Commission for initial consideration

As soon as practicable after receiving a notification, the Board must refer the notification to the Commission for initial consideration under this Division.

66 Initial consideration of notification

(1) The Commission, within 60 days after receiving a notification from the notifier or the Board, must decide if the notification relates to—

(a) a registered disability worker; or

(b) a disability student; or

(c) an unregistered disability worker.

(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.

(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.

(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).

(5) The Commission may share any relevant information with an appropriate entity in another jurisdiction under this section.

Division 5—Assessment of notification and other matters

67 Assessment of notification

Within 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—

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

(i) counselling the disability worker or disability student;

(ii) referring the notification to an appropriate entity;

(iii) requiring the disability worker, if registered, to undergo a performance assessment or a health assessment;

(iv) requiring the disability student to undergo a health assessment;

S. 67(a)(iv) renumbered as s. 67(a)(v) by No. 17/2020 s. 13(1)(a).

(v) investigating the disability worker under Part 8 or 9, as the case requires;

S. 67(a)(v) renumbered as s. 67(a)(vi) by No. 17/2020 s. 13(1)(b).

(vi) taking any other appropriate action under Part 8 or 9, as the case requires;

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

(c) whether to take no further action in accordance with section 69.

68 Notice of assessment of notification

(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.

(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.

(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—

(a) prejudice any investigation of the notification; or

69 When no further action may be taken

The Commission or Board, as the case requires, may take no further action in relation to a notification if—

(a) the Commission or Board is satisfied that the notification is frivolous or vexatious or was not made in good faith; or

(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

(c) the subject matter of the notification comes within the jurisdiction of an adjudication body or other entity; or

(d) the subject matter of the notification has already been dealt with adequately by the Board or the Commission; or

(e) the subject matter of the notification—

(i) is being dealt with, or has been dealt with, by another entity; or

(ii) has been referred by the Board or the Commission to another entity to be dealt with by that entity; or

(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

(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

(h) the notification is made more than 12 months after the disability service sought was not provided.

70 Notifications about registered NDIS providers

If 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—

(a) must refer the notification to the NDIS Quality and Safeguards Commission; and

(b) may deal with the notification in accordance with this Act; and

(c) may defer dealing with the notification until after the NDIS Quality and Safeguards Commission has considered the notification.

71 Notifications about same person may be dealt with together

If 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.

Part 8—Regulation of registered disability workers and disability students

Division 1—Application

72 Part also applicable to person formerly registered under this Act

(1) This Part applies to—

(a) a registered disability worker; and

(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.

(2) A reference in this Part to a registered disability worker is taken to refer to—

(a) a registered disability worker as defined in section 3; and

(b) a person to whom this Part applies by virtue of subsection (1).

Division 2—Immediate action taken by Board in relation to registered disability workers and disability students

73 Definition of *immediate action*

immediate action, in relation to a registered disability worker or a disability student, means any of the following—

(a) suspending, or imposing a condition on, the registered disability worker's or disability student's registration;

(b) accepting an undertaking from the registered disability worker or disability student;

(c) accepting the surrender of the registered disability worker's or disability student's registration;

(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.

74 Power to take immediate action

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

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

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

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

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

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

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

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

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

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

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

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

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

75 Show cause process

(1) If the Board proposes taking immediate action under section 74, the Board must—

(a) give the registered disability worker or disability student notice of the proposed immediate action; and

(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.

(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.

(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.

76 Notice to be given to registered disability worker or disability student

(1) Within 30 days after deciding to take immediate action in relation to a registered disability worker or disability student, the Board—

(a) must give written notice of the Board's decision to, as the case requires—

(i) the registered disability worker and the registered disability worker's employer, if any; and

(ii) the disability student and the education provider at which the disability student is undertaking an approved program of study; and

(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

(b) must take any further action under this Part that the Board considers appropriate, including one or more of the following—

(i) investigating the registered disability worker or disability student;

(ii) requiring the registered disability worker to undergo a health assessment or performance assessment;

(iii) requiring the disability student to undergo a health assessment.

(2) The notice of decision must state—

(a) the type of immediate action the Board has decided to take; and

(b) the reasons for the decision to take the immediate action; and

(c) any further action the Board proposes to take under this Part in relation to the registered disability worker or disability student; and

(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

(e) how an application for review may be made and the period within which the application must be made.

77 Period of immediate action

(1) The decision by the Board to take immediate action in relation to a registered disability worker or disability student takes effect on—

(a) the day on which the notice referred to in section 76 is given to the registered disability worker or disability student; or

(b) a later day stated in that notice.

(2) The decision continues to have effect until the earlier of the following occurs—

(a) the decision is varied or set aside on appeal or a new decision is substituted on review;

(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;

(c) in the case of an undertaking, the Board and the registered disability worker or disability student agree to end the undertaking.

Division 3—Investigations in relation to registered disability workers and students

78 When may investigation be conducted?

(1) The Board may investigate a registered disability worker or disability student if the Board decides that the investigation is necessary or appropriate—

(a) because the Board has received a complaint or notification about the registered disability worker or disability student; or

(b) because the Board, for any other reason, believes that—

(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—

(A) the life, health, safety or welfare of a person; or

(B) the health, safety or welfare of the public; or

(ii) in the case of a registered disability worker—

(A) the manner in which the registered disability worker provides disability services is, or may be, unprofessional; or

(B) the registered disability worker's conduct is, or may be, unprofessional; or

(c) to ensure the registered disability worker or disability student is complying with—

(i) a condition imposed on the disability worker's or disability student's registration; or

(ii) an undertaking given by the registered disability worker or disability student to the Board.

(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.

(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.

79 Registered disability worker or disability student to be given notice of investigation

(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.

(2) The Board, at not less than 3-monthly intervals, must give written notice of the progress of the investigation to—

(a) the registered disability worker or disability student, subject to subsection (3); and

(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.

(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—

(a) seriously prejudice the investigation; or

(b) place at risk a person's health or safety; or

(c) place a person at risk of harassment or intimidation.

80 Appointment of investigators

S. 80(1) substituted by No. 17/2020 s. 6.

(1) The Board may appoint a person referred to in section 32A as an investigator for the purposes of this Part.

(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.

(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.

81 Identity card for investigators

(1) The Board must give an identity card to a person appointed as an investigator.

(2) The identity card must—

(a) contain a recent photograph of the investigator; and

(b) be signed by the investigator; and

(c) identify the person as an investigator appointed by the Board.

82 Display of identity card by investigators

(1) An investigator may exercise a power in relation to a person if the investigator—

(a) before exercising the power, produces the investigator's identity card for the person's inspection; or

(b) has the identity card displayed so it is clearly visible to the person.

(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.

83 Investigator functions, powers and duties

(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—

(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

(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
appointment.

(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.

84 Investigator may require information or attendance or apply to Magistrates' Court for order

(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—

(a) to give stated information to the investigator within a stated reasonable time and in a stated reasonable way;

(b) to attend before the investigator at a stated reasonable time and place and to answer questions or to produce a stated thing.

(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—

(a) to answer orally or in writing any questions put by the investigator in relation to the investigation;

(b) to supply orally or in writing information required by the investigator in relation to the investigation;

(c) to produce to the investigator specified documents or documents of a specified class relating to the investigation.

(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.

(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.

(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.

85 Investigator may ask for health or performance assessment

During the course of carrying out an investigation, an investigator may ask—

(a) a registered disability worker to undergo a health assessment or performance assessment; or

(b) a disability student to undergo a health assessment.

86 Investigator to report regularly to Board during course of investigation

If 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).

87 Protection of persons giving evidence to investigator

A 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.

88 Investigator's final report about investigation

(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.

(2) The report must include—

(a) the investigator's findings about the investigation; and

(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.

89 Decision by Board

(1) After considering the investigator's report, the Board must decide—

(a) to take no further action in relation to the matter; or

(b) to do either or both of the following—

(i) to take the action that the Board considers necessary or appropriate under this Act;

(ii) to refer the matter to any appropriate entity for investigation or other action.

(2) The Board, within 30 days after making a decision under subsection (1), must give written notice of the decision to—

(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

(c) in the case of a registered disability worker, the employer, if any, of the registered disability worker; and

(d) in the case of a disability student, the education provider at which the disability student is undertaking an approved program of study.

Division 4—Health assessments and performance assessments of registered disability workers and health assessments of disability students

90 Definitions

assessment means—

(a) a health assessment; or

(b) a performance assessment;

assessor means a person appointed under section 93.

91 Requirement for health assessment

The 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—

(a) the registered disability worker's capacity to provide disability services in a safe manner; or

(b) the disability student's to capacity to undertake supervised practice in a safe manner.

92 Requirement for performance assessment

The 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.

93 Appointment of assessor to carry out assessment

(1) The Board must appoint an assessor to carry out an assessment if—

(a) the Board requires—

(i) a registered disability worker to undergo a health assessment or performance assessment; or

(ii) a disability student to undergo a health assessment; or

(b) an investigator asks—

(i) a registered disability worker to undergo a health assessment or performance assessment; or

(ii) a disability student to undergo a health assessment.

(2) The assessor must be a person other than a member of the Board who is—

(a) in the case of a health assessment, a registered medical practitioner or a psychologist; or

(b) in the case of a performance assessment, a registered disability worker.

(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.

(4) The assessor's fee for carrying out the assessment is to be paid out of the Board's budget.

94 Notice to be given to registered disability worker or disability student about assessment

(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.

(2) The written notice must state—

(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

(b) the nature of the assessment to be carried out; and

(c) the name and qualifications of the assessor who is to carry out the assessment; and

(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.

95 Assessor may require information or attendance

For 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—

(a) to give stated information to the assessor within a stated reasonable time and in a stated reasonable way; or

(b) to attend before the assessor at a stated time and a stated place to undergo the assessment.

96 Inspection of documents

(1) An assessor to whom a document is produced may do one or more of the following—

(a) inspect the document;

(b) make a copy of, or take an extract from, the document;

(c) keep the document while it is necessary for the assessment.

(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.

97 Report from assessor

As soon as practicable after carrying out an assessment, the assessor must give the Board a report about the assessment.

98 Copy of report to be given to registered disability worker or disability student

(1) As soon as practicable after receiving the assessor's report, the Board must give a copy of the report to—

(a) the registered disability worker or disability student to whom it relates; or

(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.

(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.

(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—

(a) must discuss the report with the registered disability worker or disability student; and

(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.

99 Decision by Board

(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—

(a) to take the action that the Board considers necessary or appropriate under this Act; or

(b) to refer the matter to any appropriate entity for investigation or other action; or

(c) to take no further action in relation to the matter.

(2) The Board, within 30 days after making a decision under subsection (1), must give written notice of the decision to—

(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

(c) in the case of a registered disability worker, the employer, if any, of the registered disability worker; and

(d) in the case of a disability student, the education provider at which the disability student is undertaking an approved program of study.

Division 5—Action by Board in relation to registered disability workers and disability students

100 Board may take action

(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—

(a) the Board reasonably believes that—

(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

S. 100(1)(a)(ii) amended by No. 17/2020 s. 13(2).

(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—

(A) the life, health, safety or welfare of a person; or

(B) the health, safety or welfare of the public; and

(b) the matter is not required to be referred to VCAT under section 211; and

(c) the Board decides it is not necessary or appropriate to refer the matter to a panel.

(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—

(a) counsel the disability worker or disability student;

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

(c) accept an undertaking from the registered disability worker or disability student;

(d) impose a condition on the registered disability worker's or disability student's registration, including any of the following—

(i) a condition requiring the registered disability worker or disability student to complete specified further education or training within a specified period;

(ii) a condition requiring the registered disability worker to undertake a specified period of supervised practice;

(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;

(iv) a condition requiring the registered disability worker to practise as a disability worker in a specified manner;

(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;

(e) refer the matter to the Commission or another appropriate entity for investigation or other action.

(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.

101 Show cause process

(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—

(a) must give the registered disability worker or disability student written notice of the proposed relevant action; and

(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.

(2) After considering any submission made by the registered disability worker or disability student in accordance with subsection (1), the Board must decide—

(a) to take no further action in relation to the matter; or

(b) to do either or both of the following—

(i) to take the proposed relevant action or other relevant action;

(ii) to refer the matter to the Commission or another appropriate entity for investigation or other action.

(3) The Board is not required to comply with subsection (1) if—

(a) the Board proposed to take a relevant action in relation to the registered disability worker or disability student; and

(b) the Board, in relation to the matter that forms the basis for the relevant action referred to in section 100—

(i) has investigated the registered disability worker or disability student under Division 3; or

(ii) has conducted a health assessment or performance assessment of the registered disability worker under Division 4; or

(iii) has conducted a health assessment of the disability student under Division 4.

102 Notice to be given to registered disability worker or disability student and to notifier

As soon as practicable after making a decision under section 100(2) or 101(2), the Board must give written notice of the decision to—

(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

(c) the employer, if any, of the registered disability worker; and

(d) the education provider, in the case of a disability student.

Division 6—Panels in relation to registered disability workers and disability students

103 Establishment of health panel

(1) The Board may establish a health panel if—

(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—

(i) the registered disability worker's capacity to practise in a safe manner; or

S. 103(1)(a)(ii) amended by No. 17/2020 s. 13(3).

(ii) the disability student's capacity to undertake supervised practice in a safe manner; and

(b) the Board decides that it is necessary or appropriate for the matter to be referred to a health panel.

(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).

(3) A health panel must consist of the following members chosen from a list referred to in section 105—

(a) at least one member who is a registered disability worker;

(b) at least one member who is a registered medical practitioner with expertise relevant to the matter that is the subject of the hearing;

(c) at least one member who is not, and has never been, a registered disability worker.

(4) No more than half of the members of the health panel may be registered disability workers.

(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.

104 Establishment of professional standards panel

(1) The Board may establish a professional standards panel if—

(a) the Board reasonably believes, because of a notification or a complaint or for any other reason, that—

(i) the manner in which a registered disability worker practises constitutes, or may constitute, unprofessional conduct or unsatisfactory professional performance; or

(ii) the registered disability worker's conduct when practising constitutes, or may constitute, unprofessional conduct or unsatisfactory professional performance; and

(b) the Board decides that it is necessary or appropriate for the matter to be referred to a professional standards panel.

(2) A professional standards panel must consist of at least 3 members.

(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.

(4) At least one member must be a person who represents the community and is chosen from a list referred to in section 105.

(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.

105 List of approved persons for appointment to panels

The Board may appoint individuals to a list of persons approved to be appointed as members of panels.

106 Notice to be given to registered disability worker or disability student

(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.

(2) The notice must state the following—

(a) the day, time and place at which the hearing is to be held;

(b) the nature of the hearing and the matters to be considered at the hearing;

(c) that the registered disability worker or disability student is required to attend the hearing;

(d) that the registered disability worker or disability student may be accompanied by an Australian legal practitioner or another person;

(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;

(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;

(g) the types of decision which the panel may make at the end of the hearing.

(3) For a health panel, the panel—

(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

(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.

(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—

(a) requesting a hearing; and

(b) undertaking to be available to attend the hearing within 28 days after giving the notice.

(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.

(6) Subsection (1) does not apply if—

(a) the health panel makes a decision under subsection (3); and

(b) the registered disability worker or disability student does not give notice under subsection (4).

107 Procedure of panel

(1) Subject to this Division, a panel may decide its own procedures.

(2) A panel is required to observe the principles of natural justice but is not bound by the rules of evidence.

(3) A panel may have regard to—

(a) a report prepared by an assessor about the registered disability worker or disability student; and

(b) any other information that the panel considers relevant to the hearing of the matter.

108 Legal representation

(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.

(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.

(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.

109 Submission by notifier or complainant

If 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.

110 Panel may proceed in absence of registered disability worker or disability student

At 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.

111 Hearing not open to the public

A hearing before a panel is not open to the public.

112 Referral to VCAT

A panel must stop hearing a matter and require the Board to refer the matter to VCAT under section 211 if, at any time—

(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

(b) in the case of a registered disability worker who is the subject of the hearing—

(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

(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.

113 Decision of panel

(1) After hearing a matter about a registered disability worker, a panel may decide—

(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

(b) one or more of the following—

(i) that the registered disability worker has behaved in a way that constitutes unsatisfactory professional performance;

(ii) that the registered disability worker has behaved in a way that constitutes unprofessional conduct;

(iii) that the registered disability worker has an impairment which detrimentally affects the disability worker's capacity to practise in a safe manner;

(iv) that the matter must be referred to VCAT under section 211;

(v) that the matter must be referred to the NDIS Quality and Safeguards Commission or another appropriate entity for investigation or other action.

(2) After hearing a matter about a disability student, a panel may decide—

(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

(b) one or both of the following—

(i) that the disability student has an impairment which detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner;

(ii) that the matter must be referred to a health complaints entity or another entity for investigation or other action.

(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—

(a) a condition requiring the disability worker or disability student to complete specified further education or training within a specified period;

(b) a condition requiring the disability worker to undertake a specified period of supervised practice;

(c) a condition requiring the disability worker to do, or refrain from doing, something in connection with the disability worker's practice;

(d) a condition requiring the disability worker to practise in a specified manner;

(e) a condition requiring the disability worker to report to a specified person at specified times about the disability worker's practice;

(f) a condition requiring the disability worker not to employ, engage or recommend a specified person, or class of person.

(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.

(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—

(a) in the case of a health panel, to suspend the registered disability worker's registration; or

(b) in the case of a professional standards panel, to caution or reprimand the registered disability worker.

(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.

(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.

(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.

(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.

114 Decision of panel after reconsideration of suspension

If the suspension of a registered disability worker's or disability student's registration is reconsidered by a health panel, the panel may—

(a) revoke the suspension; or

(b) revoke the suspension, impose a condition under section 113(3) and decide a review period for the condition under section 113(4); or

(c) not revoke the suspension and decide a new reconsideration date.

115 Change of reconsideration date for suspension of registration

(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.

(2) The panel may decide an earlier reconsideration date if—

(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

(b) the health panel is reasonably satisfied that an earlier reconsideration date is necessary because of the change in circumstances.

(3) For the purposes of subsection (2), the health panel must give the registered disability worker or disability student written notice of—

(a) if the health panel decides an earlier reconsideration date, the earlier date; or

(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.

(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.

The health panel may be reasonably satisfied a later reconsideration date may be decided if—

(a) the registered disability worker or disability student is required for a hearing and cannot attend because of illness; or

(b) the panel requires extra time to consider further evidence supplied by the registered disability worker or disability student; or

(c) extra time is required to appoint a panel member for a panel member who is ill.

(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.

(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.

116 Notice to be given about panel's decision

(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.

(2) The Board, within 30 days after the panel makes its decision, must give written notice of the decision to—

(a) the registered disability worker or disability student who is the subject of the hearing; and

(b) if the hearing related to a notification or complaint, the notifier or the complainant, as the case requires; and

(c) the employer, if any, of the registered disability worker; and

(d) in the case of a disability student, the education provider.

(3) The notice given to the registered disability worker or disability student must state the following—

(a) the decision made by the panel;

(b) the reasons for the decision;

(c) that the registered disability worker or disability student may apply for review of the decision;

(d) how an application for review may be made and the period within which the application must be made.

(4) A notice given to a notifier or a complainant may include the reasons for the decision.

Part 9—Regulation of unregistered disability workers

Division 1—Approved codes of conduct for unregistered disability workers

117 Minister to consult in relation to approved code of conduct

Before 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.

118 Unregistered disability workers to comply with approved code of conduct

An unregistered disability worker must comply with an approved code of conduct.

Division 2—Investigation by Commission in relation to unregistered disability workers

119 Investigation of complaints by Commission

(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—

(a) there may have been a failure by the disability worker to comply with an approved code of conduct; or

(b) the disability worker—

S. 119(1)(b)(i) substituted by Nos 19/2019 s. 226(1), 34/2020 s. 198(1).

(i) has been given an exclusion; or

S. 119(1)(b)(ii) substituted by Nos 19/2019 s. 226(1), 34/2020 s. 198(1).

(ii) has had a clearance suspended or revoked; or

(iii) has committed a prescribed offence; or

S. 119(1)(b)(iv) amended by No. 19/2019 s. 226(2), substituted by No. 34/2020 s. 198(2).

(iv) has been given an interim exclusion; or

(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.

(2) If the Commission decides to investigate a complaint or notification, the Commission must direct an authorised officer to conduct the investigation.

(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.

120 Investigation of matter referred by Minister

S. 120(1) amended by No. 58/2025 s. 22.

(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.

(2) The Commission may investigate a matter referred under subsection (1).

121 Power of Commission to conduct a Commission initiated investigation

The Commission, on the Commission's initiative, may conduct an investigation in relation to any matter if—

(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

(b) the matter relates to an unregistered disability worker who—

S. 121(b)(i) substituted by Nos 19/2019 s. 227(1), 34/2020 s. 199(1).

(i) has been given an exclusion; or

S. 121(b)(ii) substituted by Nos 19/2019 s. 227(1), 34/2020 s. 199(1).

(ii) has had a clearance suspended or revoked; or

(iii) has committed a prescribed offence; or

S. 121(b)(iv) amended by No. 19/2019 s. 227(2), substituted by No. 34/2020 s. 199(2).

(iv) has been given an interim exclusion; or

(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.

122 Notice of investigation under this Division

If 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—

(a) a written notice of the investigation; and

(b) a description of the matter being investigated.

123 Commission's report on an investigation under this Division

(1) On completing an investigation under this Division, the Commission must prepare a written report of the investigation.

(2) In the report the Commission must set out—

(a) for an investigation referred to in section 119, a description of the complaint or notification and any settlement of the complaint; and

(b) for an investigation referred to in section 120, a description of the matter referred by the Minister; and

(c) for an investigation referred to in section 121, a description of the matter investigated; and

(d) any findings in relation to the investigation; and

(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

(f) the time within which the unregistered disability worker must give a written response to the report to the Commission; and

(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.

124 Persons to whom report on an investigation under this Division is given

(1) The Commission must—

(a) give the investigation report to the unregistered disability worker; or

(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.

(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—

(a) prejudice future action that the Commission may take under this Act; or

(3) The Commission may—

(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

(b) give all or part of the investigation report to any of the following—

(i) the NDIS Quality and Safeguards Commission;

(ii) a health complaints entity;

(iii) any other appropriate entity for the purpose of investigation or regulation; and

(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

(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

(e) give all or part of the investigation report to the Secretary.

(4) For an investigation referred to in section 119, the Commission may—

(a) give all or part of the investigation report to the complainant or notifier, as the case requires; and

(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.

(5) For an investigation referred to in section 120, the Commissioner must give the investigation report to the Minister.

125 Response by unregistered disability worker

An 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—

(a) states the action that has been taken to implement the recommendations; and

(b) if a recommendation has not been implemented, gives a reason why the recommendation has not been implemented and sets out a plan—

(i) to implement the recommendation; or

(ii) to address the issue dealt with in the recommendation.

Penalty: 60 penalty units.

126 Principles applying to all investigations

In an investigation under this Division, the Commission—

(a) may carry out any inquiries into the subject matter of the investigation that the Commission believes are necessary; and

(b) must act as expeditiously and with as little formality as is reasonably possible; and

(c) is bound by the rules of natural justice; and

(d) is not bound by the rules of evidence; and

(e) before making a decision affecting a person, must give the person an opportunity to make submissions to the Commission about the decision.

127 Requirements

For the purposes of carrying out an investigation, the Commission—

(a) may take oral or written submissions; and

(b) must keep a record of all submissions and evidence given before the Commission and decisions made by the Commission.

128 Expert assistance

(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.

(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.

(3) A report referred to in subsection (1)—

(a) may be used by the Commission for the purpose of dealing with a complaint or notification made under this Act; and

(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.

129 Action to be taken after investigation ends

At the end of an investigation under this Division—

(a) the Commission may—

(i) counsel the unregistered disability worker on the subject matter of the investigation; or

(ii) decide to take no further action in relation to the investigation; or

(iii) refer the subject matter of the investigation to the Commissioner to enable a prohibition order to be made;

(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

(b) the Commissioner may decide to make a prohibition order in relation to the unregistered disability worker.

Division 3—Interim prohibition orders and prohibition orders

S. 130 amended by No. 41/2025 s. 3(Sch. 1 item 16.3).

130 Commissioner may make interim prohibition order

(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—

(a) prohibiting the unregistered disability worker from providing all disability services or specified disability services for up to 12 weeks; or

(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.

(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.

(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.

(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—

(a) a copy of the interim prohibition order; and

(b) a copy of any relevant investigation report referred to in section 123; and

(c) a notice setting out the grounds referred to in section 131 in relation to which the interim prohibition order was made; and

(d) any other information relevant to the Commissioner being satisfied as to the serious risk referred to in section 131.

131 Grounds on which interim prohibition order may be made

The 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—

(a) the Commissioner reasonably believes that the unregistered disability worker has contravened an approved code of conduct;

(b) the unregistered disability worker has been convicted or found guilty of a prescribed offence;

S. 131(c) substituted by Nos 19/2019 s. 228(1), 34/2020 s. 200.

(c) the unregistered disability worker has been given an exclusion or has had a clearance suspended or revoked;

S. 131(d) amended by No. 19/2019 s. 228(2), substituted by No. 34/2020 s. 200.

(d) the unregistered disability worker has been given an interim exclusion;

(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.

132 Commissioner may make prohibition order

(1) Subject to section 133, after conducting an investigation about an unregistered disability worker, the Commissioner may make a prohibition order—

(a) prohibiting the disability worker from providing all disability services or specified disability services, for a specified period or permanently; or

(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.

(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.

(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.

(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—

(i) a copy of the prohibition order; and

(ii) a copy of any relevant investigation report referred to in section 123; and

(iii) a notice setting out the grounds referred to in section 133 in relation to which the prohibition order was made; and

(iv) any other information relevant to the Commissioner being satisfied as to the serious risk referred to in section 133.

133 Grounds on which prohibition order may be made

The 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—

(a) the Commissioner reasonably believes that the unregistered disability worker has contravened an approved code of conduct;

(b) the unregistered disability worker has been convicted or found guilty of a prescribed offence;

S. 133(c) amended by No. 19/2019 s. 229(1), substituted by No. 34/2020 s. 201(a).

(c) the unregistered disability worker has been given an exclusion or has had a clearance suspended or revoked;

S. 133(d) amended by No. 19/2019 s. 229(2), repealed by No. 34/2020 s. 201(c).

S. 133(e) amended by No. 19/2019 s. 229(3), substituted by No. 34/2020 s. 201(b).

(e) the unregistered disability worker has been given an interim exclusion; or

(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.

134 Show cause process

(1) If the Commissioner proposes to make a prohibition order in relation to an unregistered disability worker, the Commissioner—

(a) must give the disability worker written notice of the proposed order; and

(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.

(2) After considering any submission made by the unregistered disability worker in accordance with subsection (1), the Commissioner must decide whether—

(a) to take no action in relation to the matter; or

(b) to make the prohibition order.

135 Publication of information as to interim prohibition orders and prohibition orders

As 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—

(a) the name of the unregistered disability worker to whom the order applies; and

(b) the effect of the order; and

(c) any conditions set out in the order, if the Commission is satisfied that it is in the public interest to do so; and

(d) the date on which the order takes effect; and

(e) the date, if any, on which the order expires.

136 Variation of prohibition order

(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.

(2) An order under subsection (1) varying an interim prohibition order or a prohibition order must set out—

(a) the name of the unregistered disability worker to whom the order applies; and

(b) when variation takes effect under subsection (4); and

(c) the nature of the variation.

(3) As soon as practicable after making an order under subsection (1), the Commissioner must—

(a) serve a copy of the order on the unregistered disability worker to whom it applies; and

(b) publish the order in the Government Gazette and on the Commission's Internet site.

(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).

137 Revocation of interim prohibition orders and prohibition orders

(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—

(b) the health, safety or welfare of the public.

(2) A revocation order made under subsection (1) must—

(a) set out the name of the unregistered disability worker; and

(b) set out the date on which the order takes effect under subsection (4); and

(c) advise the public—

(i) that the serious risk no longer exists; and

(ii) of the reason why the interim prohibition order or prohibition order is revoked.

(3) As soon as practicable after making a revocation order under subsection (1), the Commissioner must—

(a) serve a copy of the order on the unregistered disability worker to whom it applies; and

(b) publish the order in the Government Gazette and on the Internet site of the Commission.

(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).

Part 10—Registration standards and guidelines and accreditation

Division 1—Registration standards and guidelines

138 Board may develop registration standards

The Board may develop one or more registration standards about the following matters—

(a) requirements for professional indemnity insurance arrangements for registered disability workers;

(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;

(c) requirements in relation to continuing professional development for registered disability workers;

(d) requirements about the English language skills for registered disability workers;

(e) requirements in relation to the nature, extent, period and recency of any previous practice experience by applicants for registration;

(f) the physical and mental health of—

(i) applicants for registration; and

(ii) registered disability workers and disability students;

(g) the scope of practice of registered disability workers;

(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.

139 Board may develop guidelines

The 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.

140 Consultation

(1) During the course of developing a registration standard or guideline under this Division, the Board must—

(a) publish the proposed standard or guideline on its Internet site; and

(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—

(i) persons with a disability, their families and carers and any organisation representing them; and

(ii) disability workers and any organisation representing them; and

(iii) disability service providers and any organisation representing them.

(2) A contravention of subsection (1) does not invalidate a registration standard or a guideline.

141 Approval of registration standards and guidelines

(1) The Board must submit a proposed registration standard or proposed guideline for approval by the Minister if it relates to—

(a) qualifications, supervised practice, examinations for registration or the scope of practice of registered disability workers; or

(b) matters that may have a substantive adverse impact on the recruitment or supply of the disability workforce.

(2) The Minister may approve a registration standard or guideline referred to in subsection (1) if its approval is recommended by the Board.

142 Minister may give policy directions or request review

(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.

S. 142(2) amended by No. 17/2020 s. 13(4).

(2) The Board must comply with a policy direction given to it by the Minister under this section.

(3) The Minister may ask the Board to review an approved or proposed registration standard or guideline.

143 Publication and commencement of registration standards and guidelines

(1) Subject to subsection (2), a registration standard or a guideline takes effect—

(a) on the day on which it is published on the Board's Internet site; or

(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.

(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.

144 Use of registration standards and guidelines in disciplinary proceedings

A 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.

Division 2—Accreditation

145 Board may develop accreditation standards

The Board may develop one or more accreditation standards about the following matters*—*

(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;

(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;

(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.

146 Consultation about accreditation standards

(1) During the course of developing an accreditation standard, the Board must—

(a) publish the proposed accreditation standard on its Internet site; and

(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—

(i) Commonwealth and Victorian entities that have functions related to the regulation of disability workers or the training of the disability workforce; and

(ii) persons with a disability, their families and carers and any organisation representing them; and

(iii) disability workers and any organisation representing them; and

(iv) disability service providers and any organisation representing them.

(2) A contravention of subsection (1) does not invalidate an accreditation standard.

147 Approval of accreditation standards

(1) The Board must submit a proposed accreditation standard for approval by the Minister if it relates to—

(a) qualifications, supervised practice, examinations for registration or the scope of practice of registered disability workers; or

(b) matters that may have a substantive adverse impact on the recruitment or supply of the disability workforce.

(2) The Minister may approve an accreditation standard referred to in subsection (1) if its approval is recommended by the Board.

148 Publication and commencement of accreditation standards

(1) Subject to subsection (2), an approved accreditation standard takes effect—

(a) on the day on which it is published on the Board's Internet site; or

(b) if a later day is stated in the accreditation standard that is published on the Board's Internet site, on that day.

(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.

149 Approval of programs of study

(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.

(2) An approval under subsection (1) may be given subject to any condition that the Board considers necessary or desirable in the circumstances.

(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.

(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).