64Notice of determination or referral

64 Notice of determination or referral

(1) The Regulator must, as soon as practicable after referring a matter relating to the conduct of a WCES worker or carer to a Panel under section 63(b), give notice in writing of the referral to the WCES worker or carer.

(2) The Regulator may give notice in writing of a referral under section 63(b) to any WCES service provider who is engaging or employing, or has at any time engaged or employed, the WCES worker or carer to provide a WCES service.

(3) If the Regulator gives notice under subsection (2), the notice must be given as soon as practicable after the Regulator makes the referral.

(4) A notice under subsection (1) or (2) must set out—

(a) details of the WCES worker or carer's conduct that is the subject of the referral; and

(b) the nature and purpose of the referral; and

(c) factors and information that the Panel may consider relevant when determining whether the WCES worker or carer is to be excluded under section 79.

(5) The Regulator must, as soon as practicable after determining under section 63(a) that a matter does not require referral to a Panel on the basis that the investigation does not indicate that the WCES worker or carer is engaging, or has engaged in, conduct that may lead to exclusion, give notice in writing of the determination to—

(b) any WCES service provider who is employing or engaging, or has at any time engaged or employed, the worker or carer to provide a WCES service.

(6) Subsection (5)(b) does not apply if the Regulator considers there are compelling reasons that justify not giving notice of the determination under that subsection to a WCES service provider.