213Determination by VCAT about registered disability worker

213 Determination by VCAT about registered disability worker

(1) After hearing a matter about a registered disability worker, VCAT may determine—

(a) that the disability worker has no case to answer and no further action is to be taken in relation to the matter; or

(b) one or more of the following—

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

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

(iii) that the disability worker has behaved in a way that constitutes professional misconduct;

(iv) that the disability worker has an impairment which detrimentally affects the disability worker's capacity to provide disability services in a safe manner;

(v) that the disability worker's registration was improperly obtained because the disability worker or someone else gave the Board information or a document that was false or misleading in a material particular.

(2) If VCAT makes a determination referred to in subsection (1)(b), VCAT may by order do one or more of the following—

(a) caution or reprimand the disability worker;

(b) impose a condition on the disability worker's registration;

(c) require the disability worker to pay a fine of not more than $30 000 to the Board;

(d) suspend the disability worker's registration for a specified period;

(e) cancel the disability worker's registration.

(3) Before making an order under subsection (2), VCAT may take into account—

(a) any prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act and that is imposed on the registered disability worker; or

(b) a banning order imposed on the registered disability worker under section 73ZN of the NDIS Act.

(4) If VCAT makes an order imposing a condition on the disability worker's registration, VCAT must determine a review period for the condition.

(5) If VCAT makes an order cancelling a disability worker's registration under this Act, VCAT may by order—

(a) disqualify the disability worker from applying for registration as a registered disability worker for a specified period; or

(b) prohibit the disability worker, either permanently or for a stated period, from using a specified title or providing a specified disability service.