39Initial consideration of complaint

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.