100Board may take action

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.