78When may investigation be conducted?

78 When may investigation be conducted?

(1) The Board may investigate a registered disability worker or disability student if the Board decides that the investigation is necessary or appropriate—

(a) because the Board has received a complaint or notification about the registered disability worker or disability student; or

(b) because the Board, for any other reason, believes that—

(i) the registered disability worker or disability student has, or may have, an impairment that detrimentally affects the registered disability worker's capacity to provide disability services in a safe manner or the disability student's capacity to undertake supervised practice in a safe manner and which poses a serious risk to—

(A) the life, health, safety or welfare of a person; or

(B) the health, safety or welfare of the public; or

(ii) in the case of a registered disability worker—

(A) the manner in which the registered disability worker provides disability services is, or may be, unprofessional; or

(B) the registered disability worker's conduct is, or may be, unprofessional; or

(c) to ensure the registered disability worker or disability student is complying with—

(i) a condition imposed on the disability worker's or disability student's registration; or

(ii) an undertaking given by the registered disability worker or disability student to the Board.

(2) If the Board decides to investigate a registered disability worker or disability student, the Board must direct an appropriate investigator to conduct the investigation.

(3) The Board must ensure that an investigator directed to conduct an investigation does so as quickly as practicable, having regard to the nature of the matter to be investigated.