113Decision of panel

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.