474Deferral of notification at the request of the Victorian Disability Worker Commissioner

474 Deferral of notification at the request of the Victorian Disability Worker Commissioner

(1) The Victorian Disability Worker Commissioner may request the Mental Health and Wellbeing Commission not to give a relevant notice or information to a specified party or parties to a complaint under this Act.

(2) A request may be made on the basis that the Victorian Disability Worker Commissioner reasonably believes that giving the relevant notice or information may—

(a) place at risk the health or safety of a person; or

(b) place a person at risk of harassment or intimidation; or

(c) seriously prejudice the proper investigation of a complaint by the Victorian Disability Worker Commissioner under the Disability Service Safeguards Act 2018.

(3) Despite anything to the contrary in this Act, the Commission may decide not to provide the relevant notice or information to the specified party or parties for a specified period which must not exceed the relevant period.

(4) If the Commission makes a decision under subsection (3), the requirement under this Act to give the relevant notice or information is suspended for the specified period.

relevant period means the period beginning when the decision is made under subsection (3) and ending at the first of the following occurring—

(a) the Commission is advised by the Victorian Disability Worker Commissioner that the Victorian Disability Worker Commissioner no longer holds the view referred to in subsection (2)

(b) the end of the investigation of the complaint by the Victorian Disability Worker Commissioner under the Disability Service Safeguards Act 2018;

(c) the end of the period of 6 months following the receipt of the complaint by the Victorian Disability Worker Commissioner;

Victorian Disability Worker Commissioner has the same meaning as in the Disability Service Safeguards Act 2018.

Ch. 9 Pt 9.2 Div. 6 (Heading and ss 474A, 474B) inserted by No. 20/2023 s. 26.

Division 6—Judicial Proceedings Reports Act 1958

S. 474A inserted by No. 20/2023 s. 26.

474A Disclosure of information in the performance of functions not prevented by sections 3 and 4(1A) of Judicial Proceedings Reports Act 1958

Sections 3 and 4(1A) of the Judicial Proceedings Reports Act 1958 do not prevent the disclosure of information (including identifying information) by the Mental Health and Wellbeing Commission to the following in the performance of a function under this Part—