59Notification by disability worker about another disability worker or a disability student

59 Notification by disability worker about another disability worker or a disability student

(1) Subject to subsection (4), a disability worker who, in the course of practising as a disability worker, forms a reasonable belief that another disability worker has behaved in a way that constitutes notifiable conduct must notify the Commission of the notifiable conduct as soon as practicable after forming the reasonable belief.

See section 62 which provides protection from civil and administrative liability for persons who, in good faith, make a notification under this Act.

(2) Subject to subsection (4), a disability worker who, in the course of providing disability services, forms a reasonable belief that a disability student may place the public at risk of harm because the disability student has an impairment that detrimentally affects, or is likely detrimentally to affect, the disability student's capacity to undertake supervised practice must notify the Commission of the impairment as soon as practicable after forming the reasonable belief.

See section 62 which provides protection from civil and administrative liability for persons who, in good faith, make a notification under this Act.

(3) A contravention of subsection (1) or (2) by a disability worker may constitute behaviour for which health, conduct or performance action may be taken under this Act.

(4) A disability worker is not required to notify the Commission of the disability worker's reasonable belief under subsection (1) or (2) if—

(a) the disability worker—

(i) is employed or otherwise engaged by an insurer that provides professional indemnity insurance in relation to the disability worker or disability student who is a subject of the notification; and

(ii) forms the reasonable belief as a result of a disclosure made by a person to the disability worker in the course of a legal proceeding or providing legal advice arising from the insurance policy; or

(b) the disability worker knows, or reasonably believes, that the Commission has been notified of the notifiable conduct or impairment that forms the basis of the reasonable belief.