41Board to assess complaint

41 Board to assess complaint

(1) Within 60 days after the Commission initially considers under Part 3 a complaint in relation to a registered disability worker or in relation to a disability worker's conduct (which occurred when the disability worker was registered), the Board must assess a complaint referred to it by the Commission and decide the following—

(i) taking immediate action in accordance with Division 2 of Part 8;

(ii) counselling the registered disability worker;

(iii) referring the complaint to the Commission for conciliation;

(iv) referring the complaint to an appropriate entity;

(v) settling the complaint by agreement with the registered disability worker or by agreement of the registered disability worker and the complainant;

S. 41(1)(a)(vi) amended by No. 41/2025 s. 3(Sch. 1 item 16.2(a)).

(vi) requiring the registered disability worker to undergo a performance assessment or a health assessment;

(vii) investigating the registered disability worker under Division 3 of Part 8;

(viii) taking any other appropriate action under Division 5 of Part 8;

S. 41(1)(b) amended by No. 41/2025 s. 3(Sch. 1 item 16.2(b)).

(b) whether to take no further action in accordance with section 45; or

(c) whether the disability worker is a registered NDIS provider or a person employed or engaged by a registered NDIS provider.

(2) Within 60 days after receipt of a complaint in relation to a disability student, the Board must assess a complaint referred to it by the Commission and decide—

(i) taking immediate action in accordance with Part 8;

(ii) counselling the disability student;

S. 41(2)(a)(iii) amended by No. 41/2025 s. 3(Sch. 1 item 16.2(c)).

(iii) requiring the disability student to undergo a health assessment;

(iv) taking any other appropriate action under Division 5 of Part 8; or

(b) whether to take no further action in accordance with section 45.

(3) In the course of assessing the complaint under subsection (1), the Board may request information from the following—

(b) the registered disability worker or the disability student;

(c) any person who received or sought the relevant disability service;

(d) any other person whom the Board reasonably believes has relevant information.