119Investigation of complaints by Commission

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.