55Preliminary assessment by Regulator

55 Preliminary assessment by Regulator

(1) The Regulator may undertake a preliminary assessment to determine whether it is appropriate to investigate whether a WCES worker or carer is engaging, or has engaged, in conduct that may lead to exclusion.

(2) The Regulator may undertake a preliminary assessment under subsection (1)—

(a) at any time after receiving or becoming aware of information that suggests that the WCES worker or carer is engaging, or has engaged, in conduct that may lead to exclusion; or

(b) in response to information obtained or considered during the undertaking of any preliminary assessment, whether or not that preliminary assessment relates to the same WCES worker or carer.

(3) For the purposes of undertaking a preliminary assessment under subsection (1), the Regulator may—

(a) consider any information the Regulator holds or to which the Regulator has access that relates to any WCES worker or carer; and

(b) consider any information disclosed to the Regulator under this or another Act that relates to any WCES worker or carer; and

(c) request information from any person or body about—

(i) the conduct of the WCES worker or carer who is the subject of the preliminary assessment; or

(ii) information that the Regulator may consider under paragraph (a) or (b).

(4) After undertaking a preliminary assessment, the Regulator may—

(a) determine that the conduct of the WCES worker or carer be investigated under section 57; or

(b) refer the matter for determination by a Panel; or

(c) determine that the matter does not require an investigation or a determination under this Part on the basis that—

(i) information disclosed to the Regulator appears to be vexatious, misconceived or does not indicate that the WCES worker or carer is engaging, or has engaged, in conduct that may lead to exclusion; or

(ii) the Regulator is satisfied that the matter is being adequately dealt with by another body; or

(iii) the Regulator is satisfied that the matter is more appropriately dealt with other than by an investigation or determination under this Part.