Disability Service Safeguards Act 2018

Authorised by the Chief Parliamentary Counsel Authorised Version i Disability Service Safeguards Act 2018 No. 38 of 2018 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3 3 Definitions 3 4 Definition of disability 13 5 Definition of family member 15 6 Objective 17 7 Guiding principles 18 Part 2—Governance 20 Division 1—Disability Worker Registration Board of Victoria 20 8 Establishment of the Board 20 9 Functions and powers 20 10 Membership of the Board 21 11 Term of office 22 12 When does a Board member's office become vacant? 22 13 Chairperson 23 14 Payment of members 23 15 Acting appointments 24 16 Meetings 24 17 Conflicts of interest 25 18 Validity of acts or decisions 26 19 Establishment of committees 27 20 Delegation 27 Division 2—Victorian Disability Worker Commission 27 21 Establishment and constitution of the Victorian Disability Worker Commission 27 22 Functions and powers of the Commission 28 23 Regulatory management agreement 30 24 Staff 30 25 Delegation 31 26 Appointment of Victorian Disability Worker Commissioner 31 27 Duties, functions and powers of the Commissioner 31 28 Terms and conditions of appointment 32 29 Acting appointment 32 -- 1 of 333 -- Section Page ii Authorised by the Chief Parliamentary Counsel 30 Vacancy and resignation 33 31 Removal from office 34 32 Validity of decisions 34 Part 3—Complaints—Preliminary matters 35 Division 1—Making a complaint 35 33 Complaints about disability workers and disability students 35 34 How a complaint is made 36 35 Reasonable assistance to be given to complainant 36 36 Protection for persons making a complaint 36 37 Withdrawal of complaint 37 Division 2—Initial consideration of complaints received 37 38 Board to refer all complaints received to Commission for initial consideration 37 39 Initial consideration of complaint 37 40 Commission may divide or concurrently deal with complaints 39 Part 4—The Board and complaints about registered disability workers and disability students 40 41 Board to assess complaint 40 42 Notice of receipt of complaint to registered disability worker or disability student 42 43 Board may deal with complaints about same person together 42 44 Board may settle complaint by agreement 42 45 When Board may decide to take no further action 43 46 Complaints about registered NDIS providers 44 Part 5—The Commission and complaints about unregistered disability workers 45 47 Commission must assess complaint 45 48 Notice of receipt of complaint to unregistered disability worker 46 49 When Commission may decide to take no further action 47 50 Commission may settle complaint by agreement 48 51 Decision to reopen complaint 48 52 Complaints about registered NDIS providers 48 Part 6—Conciliation 50 53 Proposed conciliation of the whole or a part of a complaint 50 54 Conciliation 50 55 Confidentiality of information given or agreement reached in conciliation process 51 56 Completion of conciliation 51 57 Duty of confidentiality—conciliation 51 -- 2 of 333 -- Section Page iii Authorised by the Chief Parliamentary Counsel Part 7—Notifications 53 Division 1—Definition 53 58 Definition 53 Division 2—Obligation to make notification 53 59 Notification by disability worker about another disability worker or a disability student 53 60 Notifications by employers 55 61 Notifications by education providers 55 62 Protection for persons making a notification 57 Division 3—How to make a notification 57 63 How a notification is made 57 64 Reasonable assistance to be given to notifier 57 Division 4—Initial consideration of notifications 58 65 Board to refer all notifications received to Commission for initial consideration 58 66 Initial consideration of notification 58 Division 5—Assessment of notification and other matters 59 67 Assessment of notification 59 68 Notice of assessment of notification 60 69 When no further action may be taken 60 70 Notifications about registered NDIS providers 61 71 Notifications about same person may be dealt with together 62 Part 8—Regulation of registered disability workers and disability students 63 Division 1—Application 63 72 Part also applicable to person formerly registered under this Act 63 Division 2—Immediate action taken by Board in relation to registered disability workers and disability students 63 73 Definition of immediate action 63 74 Power to take immediate action 64 75 Show cause process 66 76 Notice to be given to registered disability worker or disability student 66 77 Period of immediate action 68 Division 3—Investigations in relation to registered disability workers and students 68 78 When may investigation be conducted? 68 -- 3 of 333 -- Section Page iv Authorised by the Chief Parliamentary Counsel 79 Registered disability worker or disability student to be given notice of investigation 70 80 Appointment of investigators 71 81 Identity card for investigators 71 82 Display of identity card by investigators 71 83 Investigator functions, powers and duties 72 84 Investigator may require information or attendance or apply to Magistrates' Court for order 72 85 Investigator may ask for health or performance assessment 74 86 Investigator to report regularly to Board during course of investigation 74 87 Protection of persons giving evidence to investigator 74 88 Investigator's final report about investigation 74 89 Decision by Board 75 Division 4—Health assessments and performance assessments of registered disability workers and health assessments of disability students 76 90 Definitions 76 91 Requirement for health assessment 76 92 Requirement for performance assessment 76 93 Appointment of assessor to carry out assessment 77 94 Notice to be given to registered disability worker or disability student about assessment 78 95 Assessor may require information or attendance 78 96 Inspection of documents 79 97 Report from assessor 79 98 Copy of report to be given to registered disability worker or disability student 79 99 Decision by Board 80 Division 5—Action by Board in relation to registered disability workers and disability students 81 100 Board may take action 81 101 Show cause process 84 102 Notice to be given to registered disability worker or disability student and to notifier 85 Division 6—Panels in relation to registered disability workers and disability students 85 103 Establishment of health panel 85 104 Establishment of professional standards panel 87 105 List of approved persons for appointment to panels 88 106 Notice to be given to registered disability worker or disability student 88 107 Procedure of panel 90 108 Legal representation 90 -- 4 of 333 -- Section Page v Authorised by the Chief Parliamentary Counsel 109 Submission by notifier or complainant 90 110 Panel may proceed in absence of registered disability worker or disability student 91 111 Hearing not open to the public 91 112 Referral to VCAT 91 113 Decision of panel 92 114 Decision of panel after reconsideration of suspension 95 115 Change of reconsideration date for suspension of registration 95 116 Notice to be given about panel's decision 97 Part 9—Regulation of unregistered disability workers 98 Division 1—Approved codes of conduct for unregistered disability workers 98 117 Minister to consult in relation to approved code of conduct 98 118 Unregistered disability workers to comply with approved code of conduct 98 Division 2—Investigation by Commission in relation to unregistered disability workers 98 119 Investigation of complaints by Commission 98 120 Investigation of matter referred by Minister 99 121 Power of Commission to conduct a Commission initiated investigation 99 122 Notice of investigation under this Division 100 123 Commission's report on an investigation under this Division 101 124 Persons to whom report on an investigation under this Division is given 102 125 Response by unregistered disability worker 103 126 Principles applying to all investigations 104 127 Requirements 104 128 Expert assistance 105 129 Action to be taken after investigation ends 105 Division 3—Interim prohibition orders and prohibition orders 106 130 Commissioner may make interim prohibition order 106 131 Grounds on which interim prohibition order may be made 107 132 Commissioner may make prohibition order 108 133 Grounds on which prohibition order may be made 109 134 Show cause process 110 135 Publication of information as to interim prohibition orders and prohibition orders 111 136 Variation of prohibition order 111 137 Revocation of interim prohibition orders and prohibition orders 112 -- 5 of 333 -- Section Page vi Authorised by the Chief Parliamentary Counsel Part 10—Registration standards and guidelines and accreditation 114 Division 1—Registration standards and guidelines 114 138 Board may develop registration standards 114 139 Board may develop guidelines 115 140 Consultation 115 141 Approval of registration standards and guidelines 115 142 Minister may give policy directions or request review 116 143 Publication and commencement of registration standards and guidelines 116 144 Use of registration standards and guidelines in disciplinary proceedings 117 Division 2—Accreditation 117 145 Board may develop accreditation standards 117 146 Consultation about accreditation standards 118 147 Approval of accreditation standards 118 148 Publication and commencement of accreditation standards 119 149 Approval of programs of study 119 150 Revocation of approval of program of study 120 Part 11—Registration and endorsement 121 Division 1—Application for registration 121 151 Application for registration 121 152 Board must check applicant's criminal history 122 153 Board's other powers before determining application for registration 122 Division 2—General registration as a disability worker 124 154 Eligibility for general registration 124 155 Qualifications for general registration 125 156 Unsuitability to hold general registration 126 157 Period of general registration 127 Division 3—Limited registration as disability worker 127 158 Eligibility for limited registration 127 159 Unsuitability to hold limited registration 128 160 Limited registration for training or supervised practice as a disability worker 130 161 Limited registration for area of need 130 162 Limited registration in public interest 131 163 Limited registration for teaching or research 131 164 Limited registration not to be held for more than one purpose 132 165 Period of limited registration 132 -- 6 of 333 -- Section Page vii Authorised by the Chief Parliamentary Counsel Division 4—Non-practising registration as a disability worker 132 166 Eligibility for non-practising registration 132 167 Unsuitability to hold non-practising registration 133 168 Person holding non-practising registration must not practise as a disability worker 133 169 Period of non-practising registration 133 Division 5—Decision about application for registration 134 170 Applicant may make submissions about proposed refusal of application or imposition of condition 134 171 Decision about application for registration 134 172 Conditions of registration 135 173 Notice of decision to be given to applicant 135 174 Failure to decide application 136 Division 6—Endorsement of registration 136 175 Approval of areas of practice for purposes of endorsement 136 176 Notification and publication of directions and approvals 136 177 Endorsement for approved area of practice 137 178 Application for endorsement 137 179 Board's other powers before deciding about application for endorsement 138 180 Applicant may make submissions about proposed refusal of application for endorsement or imposition of condition on endorsement 139 181 Decision about application for endorsement 139 182 Conditions of endorsement 140 183 Notice of decision to be given to applicant 140 184 Period of endorsement 141 185 Failure to decide application for endorsement 141 Division 7—Renewal of registration 141 186 Application for renewal of registration 141 187 Registration taken to continue in force 142 188 Annual statement 143 189 Board's powers before decision about application for renewal of registration 144 190 Applicant may make submissions about proposed refusal of application for renewal of registration or imposition of condition 145 191 Decision about application for renewal of registration 145 192 Period of renewed registration 147 Division 8—Disability student registration 147 193 Who may be registered as a disability student? 147 -- 7 of 333 -- Section Page viii Authorised by the Chief Parliamentary Counsel 194 Board may ask education provider for list of persons undertaking approved program of study 148 195 Registration of disability students 149 196 Conditions of registration as a disability student 149 197 Notice of decision to be given to education provider 150 198 Period of student registration 150 Division 9—Certificates of registration and surrender of registration 150 199 Issue of certificate of registration 150 200 Surrender of registration 152 Division 10—Review of conditions and undertakings 152 201 Changing or removing conditions or undertaking on application by registered disability workers or disability students 152 202 Changing conditions on Board's initiative 154 203 Removal of condition or revocation of undertaking 155 Part 12—Obligations of registered disability workers, disability students and education providers 157 204 Definition of relevant entity 157 205 Continuing professional development 157 206 Professional indemnity insurance arrangements 158 207 Registered disability worker or disability student to give Board notice of certain events 158 208 Change in principal place of practice, address or name 161 209 Board may ask registered disability worker for information 161 210 Report by education providers to Board of cessation of status as disability student 164 Part 13—VCAT 166 Division 1—Referring matters to VCAT 166 211 Matters to be referred to VCAT relating to registered disability workers and disability students 166 212 Parties to proceeding for matter referred to VCAT 166 213 Determination by VCAT about registered disability worker 167 214 Determination of VCAT about disability students 169 Division 2—VCAT review 169 215 Reviewable decisions 169 216 Parties to the proceeding 171 Part 14—Authorised officers 172 Division 1—Appointment of authorised officers 172 217 Appointment of authorised officers by Board or Commission 172 -- 8 of 333 -- Section Page ix Authorised by the Chief Parliamentary Counsel 218 Identity card for authorised officers 173 219 Display of identity card by authorised officers 173 Division 2—Powers of authorised officers 173 220 Authorised officers may require information or documents from registered disability workers about alleged offences 173 221 Authorised officers may apply to Magistrates' Court for order requiring information or documents from other persons about alleged offences 174 222 Warning required before exercise of power under section 220 or 221 175 223 Inspection, copying and retention of documents 175 224 Authorised officer may enter premises 175 225 Authorised officer may apply for search warrant for entry to, and search of, premises 176 226 Search warrants—general 177 227 Procedure before entry under warrant 177 228 Powers after entering premises 178 229 Seizure of evidence by authorised officer 179 230 Securing seized things 180 231 Authorised officer to give receipts for seized things and samples taken 180 232 Copies of seized documents 181 233 Retention and return of seized documents or things 181 234 Magistrates' Court may extend 3 month retention period 182 235 Court may order destruction of seized documents or things 182 Division 3—Protection for persons assisting authorised officers 183 236 Protection of persons giving evidence to authorised officer 183 Part 15—Information and privacy 184 Division 1—Disclosure of information and confidentiality 184 237 Meaning of protected information 184 238 Duty of confidentiality 184 239 Disclosure of information for disability workforce planning and general disability sector planning and development 185 240 Disclosure of information for information management and communication purposes 186 241 Disclosure of information to other relevant entities 187 242 Disclosure to protect health or safety of persons with a disability or other persons 187 243 Disclosure to registration entities 188 Division 2—Register of Disability Workers 188 244 Board to keep Register of Disability Workers 188 245 Manner of keeping Register 189 -- 9 of 333 -- Section Page x Authorised by the Chief Parliamentary Counsel 246 Information to be recorded in Register 189 247 Board may decide not to include or to remove certain information in Register 191 248 Inspection of Register 192 Division 3—Disability Students Register 193 249 Disability Students Register 193 250 Information to be recorded in Disability Students Register 193 Division 4—Register of Prohibition Orders 194 251 Register of Prohibition Orders 194 Division 5—Other records 195 252 Other records to be kept by Board 195 253 Record of adjudication decisions to be kept and made publicly available 196 Division 6—Identity checks, criminal checks and NDIS checks 196 254 Evidence of identity 196 255 Power to check evidence of identity provided 197 256 Power to obtain criminal history report 197 257 NDIS worker screening check clearance 198 Part 16—Offences and general provisions 200 Division 1—Offences 200 258 Restriction on use of protected titles 200 259 Claims about type of registration or endorsement or qualification to hold type of registration or endorsement 201 260 Claims about division of Register 202 261 Restriction to provide prescribed disability service 203 262 Directing or inciting unprofessional conduct or professional misconduct 203 263 Offence for contravention of interim prohibition order 204 264 Offence for contravention of prohibition order 204 265 Offence to contravene VCAT order 204 266 Offence to provide certain services if prohibited from doing so in another State or a Territory 204 267 Advertising offences 204 268 Offence to fail to produce information or attend before authorised officer or investigator 206 269 Offences for failing to comply with requirement under section 229 207 270 False or misleading information or documents 208 271 Obstructing authorised officers or investigators 209 272 Offence to impersonate authorised officer or investigator 210 273 Protection against self-incrimination 210 -- 10 of 333 -- Section Page xi Authorised by the Chief Parliamentary Counsel 274 Power to bring proceedings 210 275 Conduct may constitute offence and be subject of disciplinary proceedings 211 Division 2—Finance 212 276 Regulatory management agreement 212 277 Disability Worker Regulation Fund 212 278 Payments into Disability Worker Regulation Fund 213 279 Payments out of Disability Worker Regulation Fund 213 280 Investment powers 214 281 Repayment of advances 214 282 Powers of Board in relation to fees 215 283 Compensation 216 Division 3—Provisions relating to persons exercising functions under Act 216 284 General duties of persons exercising functions under this Act 216 285 Protection from liability for person exercising functions 217 Division 4—Regulations 218 286 Regulations 218 Part 17—Transitional and consequential provisions 221 Division 1—Transitional provisions 221 287 Transitional provisions 221 Division 2—Consequential amendments 222 288 Health Complaints Act 2016 amendments 222 289 Health Complaints Act 2016—new section 91A 225 290 Health Complaints Act 2016—new section 95A 226 291 Ombudsman Act 1973 226 292 Public Administration Act 2004 227 Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation 228 Division 1—New Part 12A inserted 228 293 New Part 12A inserted 228 Division 2—Consequential amendments 297 294 Purposes 297 295 Definitions 297 296 Health or residential services 300 297 Tenancy agreements to be in standard form 300 298 Copy of agreement to be made available to tenant 300 299 Assignment and sub-letting by a tenant 300 300 New section 218A inserted 301 -- 11 of 333 -- Section Page xii Authorised by the Chief Parliamentary Counsel 301 Notice of intention to vacate 301 302 Jurisdiction of the Tribunal 302 303 General applications to the Tribunal 302 304 General power of Tribunal to make determinations 302 305 New sections 486B and 486C inserted 303 306 Reports of Director 304 307 Service of documents 305 308 New Division 1A inserted in Part 13 305 309 Regulations 309 310 New Schedule 2 inserted 310 Part 19—Amendment of Disability Act 2006 consequential on enactment of Part 12A of Residential Tenancies Act 1997 313 311 Definitions 313 312 Information systems and disclosure, use and transfer of information 314 313 Purpose and application of Part 315 314 Regulations 315 Part 20—Amendments consequential on the enactment of Part 12A of the Residential Tenancies Act 1997 316 Division 1—Amendment of Land Tax Act 2005 316 315 Absence from principal place of residence 316 316 Residential services for people with disabilities 316 Division 2—Amendment of Supported Residential Services (Private Proprietors) Act 2010 317 317 Meaning of supported residential service 317 Division 3—Amendment of Victorian Civil and Administrative Tribunal Act 1998 317 318 New clause 67AA inserted in Schedule 1 317 319 New clauses 77B to 77E inserted in Schedule 1 318 Part 21—Repeal of amending provisions 320 320 Repeal of amending provisions 320 ═════════════ Endnotes 321 1 General information 321 -- 12 of 333 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Disability Service Safeguards Act 2018 † No. 38 of 2018 [Assented to 28 August 2018] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to regulate registered and unregistered disability workers by— (i) providing for a registration scheme for disability workers and disability students receiving training to be disability workers; and (ii) establishing the Disability Worker Registration Board of Victoria; and (iii) establishing the Victorian Disability Worker Commission; and Victoria -- 13 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 2 Authorised by the Chief Parliamentary Counsel (iv) providing for the appointment of the Victorian Disability Worker Commissioner; and (v) providing for a mechanism by which complaints and notifications in relation to disability workers and disability students may be investigated and dealt with; and (vi) providing for appropriate information sharing in relation to disability workers; and (b) to amend the Residential Tenancies Act 1997— (i) to provide for the rights and duties of SDA residents and SDA providers consistently with the National Disability Insurance Scheme; and (ii) to provide access to SDA residents and SDA providers to general tenancy arrangements under Part 2 of that Act; and (iii) to enable SDA residents to exercise choice and control in respect of their accommodation arrangements; and (c) to make consequential amendments to— (i) the Health Complaints Act 2016, the Ombudsman Act 1973 and the Public Administration Act 2004 in relation to the regulation of disability workers and disability students; and (ii) the Disability Act 2006 and other Acts to enable the Residential Tenancies Act 1997 to provide for SDA residents and SDA providers. -- 14 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 3 Authorised by the Chief Parliamentary Counsel 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 July 2020, it comes into operation on that day. 3 Definitions (1) In this Act— ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; accreditation standard, for disability workers, means a standard used to assess whether a program of study provides persons who complete the program with the knowledge, skills and attributes necessary to practise as a disability worker; adjudication body means— (a) a panel; or (b) VCAT; or (c) a court; appropriate professional indemnity insurance arrangements, in relation to a registered disability worker, means professional indemnity insurance arrangements that comply with the relevant approved registration standard for that disability worker; approved accreditation standard means an accreditation standard that has taken effect in accordance with section 147; -- 15 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 4 Authorised by the Chief Parliamentary Counsel approved area of practice, for disability workers, means an area of practice approved under section 175; approved code of conduct means any prescribed code of conduct in relation to unregistered disability workers; approved program of study means— (a) in relation to a disability worker, an program of study approved under section 149(1) by the Board for the purposes of registration or endorsement of registration; and (b) in relation to a disability student, a program of study approved by the Board and required by the Board for the purposes of registration of persons as disability students; approved qualification means— (a) a qualification obtained by completing an approved program of study; and (b) in the case of endorsement of registration, a qualification obtained by completing an approved program of study relevant to the endorsement; approved registration standard means a registration standard approved by the Minister under section 141(2); authorised officer means a person appointed under Division 1 of Part 14; Board means the Disability Worker Registration Board of Victoria established under section 8; Chief Commissioner has the same meaning as it has in the Victoria Police Act 2013; -- 16 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 5 Authorised by the Chief Parliamentary Counsel Commission means the Victorian Disability Worker Commission established under section 21; Commissioner means the Victorian Disability Worker Commissioner appointed under section 26; complaint means a complaint made in relation to an unregistered disability worker, a registered disability worker or a disability student under Part 3; criminal history, of a person, means the following— (a) every conviction of the person for an offence, in Victoria or elsewhere, and whether before, on or after the commencement of this section; (b) every plea of guilty or finding of guilt by a court of the person for an offence, in Victoria or elsewhere, and whether before, on or after the commencement this section and whether or not a conviction is recorded for the offence; (c) every charge made against the person for an offence, in Victoria or elsewhere, and whether before, on or after the commencement of this section; criminal history law means a law that provides that spent or other convictions do not form part of a person's criminal history and prevents or does not require the disclosure of those convictions; disability has the meaning given in section 4; -- 17 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 6 Authorised by the Chief Parliamentary Counsel disability service means— (a) a service (other than a prescribed exempt service) which involves more than incidental contact with a person with a disability and is specifically provided to the person for the principal purpose of caring for, or treating, the person or supporting the person to manage the person's limitations in undertaking one or more of the following activities— (i) communication; (ii) social or economic participation; (iii) social interaction; (iv) learning; (v) mobility; (vi) self-care; (vii) self-management; or (b) a prescribed service; disability student means an individual whose name is on the Disability Students Register; Disability Students Register means the register kept under section 249 by the Board; disability worker means, subject to subsection (2), a person (other than a disability student) who— (a) directly provides a disability service to a person with a disability; or (b) supervises or manages another person who directly provides a disability service to a person with a disability; -- 18 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 7 Authorised by the Chief Parliamentary Counsel education provider means— (a) a university; and (b) a tertiary education institution, or another institution or organisation, that provides vocational training; family member has the meaning given in section 5; health assessment means an assessment of a person (including but not limited to a medical, physical, psychiatric or psychological examination or test) for the purpose of deciding whether the person has an impairment that detrimentally affects, or is likely to affect detrimentally— (a) in the case of a person who is a disability worker, the person's capacity to practise as a disability worker; and (b) in the case of a person who is a disability student, the person's capacity to undertake supervised practice; health complaints entity means— (a) the Health Complaints Commissioner appointed under section 111 of the Health Complaints Act 2016; and (b) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014; health, conduct or performance action means action that the Board or an adjudication body may take in relation to a registered disability worker or a disability student under Part 8; -- 19 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 8 Authorised by the Chief Parliamentary Counsel health panel means a panel established under section 103; health practitioner has the same meaning as in the Health Practitioner Regulation National Law; impairment means a loss or abnormality of structure or function of an intellectual, cognitive, neurological, sensory, psychological or physical nature, whether permanent or temporary; interim bar has the same meaning as in the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 of the Commonwealth; investigator means a person appointed under section 80(1); NDIS means the National Disability Insurance Scheme within the meaning of the NDIS Act; NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth; NDIS Quality and Safeguards Commission means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act; NDIS worker screening agency means an agency operating in Victoria, or in another State or a Territory of the Commonwealth, that conducts risk assessments of disability workers proposing to provide disability services to persons with a disability under the NDIS; -- 20 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 9 Authorised by the Chief Parliamentary Counsel NDIS worker screening check clearance means the assessment of whether a person who provides disability services, or seeks to provide disability services poses a risk to persons with a disability; notifiable conduct—see section 58; notification means a notification made under Part 7; notifier means a person who makes a notification; panel means— (a) a health panel; or (b) a professional standards panel; party, in relation to a complaints means— (a) the complainant; or (b) the disability worker about whom the complaint is made; or (c) the person who received or sought the relevant disability service, if that person is not the complainant; performance assessment means an assessment of the knowledge, skill or judgement possessed, or care exercised, by a person practising as a registered disability worker; professional standards panel means a panel established under section 104; professional misconduct of a registered disability worker includes— (a) conduct that is substantially below the standard reasonably expected of a registered disability worker of an equivalent level of training or experience; and -- 21 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 10 Authorised by the Chief Parliamentary Counsel (b) more than one instance of conduct that, when considered together, amounts to conduct that is substantially below the standard reasonably expected of a registered disability worker of an equivalent level of training or experience; and (c) conduct of the registered disability worker, regardless of whether it occurs in connection with the provision of disability services, that is inconsistent with the disability worker being a fit and proper person to hold registration under this Act; program of study means a program of study provided by an education provider; psychologist has the same meaning as it has in the Health Practitioner Regulation National Law; Register means the Register of Disability Workers kept under section 244; registered disability worker means a disability worker who is registered under this Act and (other than in Parts 2, 3, 4, 7, 8, 9, 13 and 14 and section 188) does not include a disability worker whose registration is suspended; registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law; registered NDIS provider has the same meaning as in the NDIS Act; relevant fee, for a service provided by the Board, means the fee set by the Board in accordance with this Act; -- 22 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 11 Authorised by the Chief Parliamentary Counsel review period, for a condition or undertaking, means the period during which the condition may not be changed or removed, or the undertaking may not be changed or revoked, under this Act; type of registration means a kind of registration being one of the following— (a) general registration; (b) limited registration; (c) non-practising registration; unprofessional conduct, of a registered disability worker, means conduct that is of a lesser standard than that which might reasonably be expected of the disability worker by the public or the disability worker's peers in relation to the provision of disability services, and includes— (a) a contravention of this Act by the disability worker, whether or not the disability worker has been prosecuted for, or convicted of, an offence in relation to the contravention; and (b) a contravention by the disability worker of— (i) a condition to which the disability worker's registration is subject; or (ii) an undertaking given by the disability worker to the Board; and (c) the conviction of the disability worker for an offence under another Act, the nature of which may affect the disability worker's suitability to continue to provide disability services; and -- 23 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 12 Authorised by the Chief Parliamentary Counsel (d) providing a person with disability services of a kind that are excessive, unnecessary or otherwise not reasonably required for the person's wellbeing; and (e) influencing, or attempting to influence, the conduct of another disability worker in a way that may compromise the support, treatment or care of a person with a disability; and (f) accepting a benefit as inducement, consideration or reward for referring a person to a disability worker or for recommending a person use or consult a disability worker; and (g) offering or giving a person a benefit, consideration or reward in return for that person referring another person to the disability worker or recommending another person to use a disability service provided by the disability worker; and (h) referring a person to, or recommending a person use or consult, another disability service worker, disability service or health product if the disability worker has a pecuniary interest in giving that referral or recommendation, unless the disability worker discloses the nature of that interest to the person before or at the time of giving the referral or recommendation; unregistered disability worker means a disability worker who is not registered under Part 11; -- 24 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 13 Authorised by the Chief Parliamentary Counsel unsatisfactory professional performance, of a registered disability worker, means the knowledge, skill or judgement possessed, or care exercised, by the disability worker is below the standard reasonably expected of a disability worker of an equivalent level of training or experience. (2) For the purposes of the definition of disability worker, a person is not a disability worker if— (a) the person— (i) is a family member of a person with a disability; and Note See definition of family member in section 5. (ii) provides disability services to the person with a disability; and (iii) does not receive a fee or reward for providing those disability services; or (b) the person voluntarily provides disability services, unless the person provides the disability services on behalf of an organisation or agency. 4 Definition of disability (1) In this Act, disability means— (a) an impairment, or any combination of impairments, that— (i) is, or is likely to be, permanent; and (ii) may, or may not, be attributable to a psychiatric condition; and (iii) causes, or is likely to cause, a person to require lifelong support; and -- 25 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 14 Authorised by the Chief Parliamentary Counsel (iv) results in a person having substantially reduced functional capacity to undertake one or more of the following activities— (A) communication; (B) social or economic participation; (C) social interaction; (D) learning; (E) mobility; (F) self-care; (G) self-management; or (b) a developmental delay. (2) For the purposes of the definition of disability in subsection (1)— developmental delay means a delay in the development of a child under the age of 6 years that— (a) is attributable to an impairment, or any combination of impairments; and (b) results in substantial functional limitations to undertake one or more of the following activities— (i) self-care; (ii) receptive and expressive language; (iii) cognitive development; (iv) motor development; and (c) reflects the child's need for a combination and sequence of special interdisciplinary, or generic care, treatment or other services which are of -- 26 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 15 Authorised by the Chief Parliamentary Counsel extended duration and are individually planned and coordinated. 5 Definition of family member (1) In this Act, family member of a person means— (a) the spouse or domestic partner of the person; or (b) a person who has or has had an intimate personal relationship with the person; or (c) a person who is or has been a relative of the person; or (d) a child who normally or regularly resides with the person; or (e) a child of whom the person is a guardian; or (f) another person who is or has been ordinarily a member of the household of the person. (2) For the purposes of the definition of family member in subsection (1)— domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (a) for fee or reward; or -- 27 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 16 Authorised by the Chief Parliamentary Counsel (b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); parent of a child includes a guardian of the child or a person with whom the child normally or regularly resides; relative of a person means— (a) a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law of the person; or (b) a son, daughter, grandson, granddaughter, step-son, step-daughter, son-in-law or daughter-in-law of the person; or (c) a brother, sister, half-brother, half-sister, brother-in-law or sister-in-law of the person; or (d) an uncle, aunt, uncle-in-law or aunt-in-law of the person; or (e) a nephew or niece of the person; or (f) a cousin of the person— and includes, in the case of domestic partners, a person who would be such a relative if the domestic partners were married to each other; spouse of a person means a person to whom the person is or was married. -- 28 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 17 Authorised by the Chief Parliamentary Counsel (3) For the purposes of the definition of domestic partner in subsection (2)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. 6 Objective The objective of Parts 1 to 17 of this Act is to promote the quality, safety, responsiveness and sustainability of the disability workforce by— (a) providing for— (i) the registration of certain disability workers and disability students; and (ii) the regulation of registered and unregistered disability workers; and (b) strengthening the safeguards for those persons with a disability who access disability services and broadening the avenues for complaint in relation to those services; and (c) facilitating access by persons with a disability to information and services provided by the disability workforce; and -- 29 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 18 Authorised by the Chief Parliamentary Counsel (d) encouraging innovation and quality improvement in the education and training of the disability workforce and in the provision of disability services. 7 Guiding principles (1) Without limiting the rights of persons with a disability, it is a guiding principle of the regulatory scheme under this Act that persons with a disability to whom disability services are provided have the same rights as other members of the community— (a) to be respected for their human worth and to be treated with dignity as individuals; and (b) to live free from abuse, neglect and exploitation; and (c) to realise their individual capacity for physical, social, emotional and intellectual development; and (d) to exercise choice and control over their own lives; and (e) to access information and communicate in a manner appropriate to their communication and cultural needs; and (f) if a child, actively to involve the child's family and any other caregivers in decisions affecting the child and to have information and support to enable this to occur; and (g) to choose disability workers with the values, skills and qualifications that meet their needs; and (h) to access services which support their quality of life. -- 30 of 333 -- Part 1—Preliminary Disability Service Safeguards Act 2018 No. 38 of 2018 19 Authorised by the Chief Parliamentary Counsel (2) Other guiding principles of the regulatory scheme are— (a) the registration of disability workers and disability students in accordance with this Act is to occur in a manner that is transparent, accountable, effective, efficient and fair; and (b) fees required to be paid under this Act should be reasonable, having regard to the effective and efficient operation of the registration scheme; and (c) restrictions on the practice of disability workers in accordance with this Act are only to occur if they are in the public interest and if they are necessary to ensure that disability services are provided safely and are of an appropriate quality. (3) It is the intention of Parliament that the guiding principles specified in this section should, if practicable, be given effect to in the administration of this Act and the regulation of disability workers and disability students. -- 31 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 20 Authorised by the Chief Parliamentary Counsel Part 2—Governance Division 1—Disability Worker Registration Board of Victoria 8 Establishment of the Board There is established the Disability Worker Registration Board of Victoria. 9 Functions and powers (1) The Board has the following functions, in addition to any other function conferred on it by or under this Act or any other Act— (a) to set standards for registration of disability workers and the practice of registered disability workers; (b) to accredit training programs and supervised practice arrangements that qualify persons for registration as a disability worker; (c) to assess the probity and qualifications of applicants for registration and to register suitably qualified disability workers; (d) to register suitably qualified disability workers; (e) to register persons as disability students to undertake supervised practice as part of an approved program of study; (f) to deal with matters of impairment in relation to registered disability workers and disability students; (g) to receive, assess and deal with notifications and complaints about registered disability workers and disability students; -- 32 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 21 Authorised by the Chief Parliamentary Counsel (h) to monitor compliance with registration and practice standards by registered disability workers; (i) to collect and provide data for disability workforce planning and system improvement purposes; (j) to regulate the advertising of services provided by registered disability workers. (2) The Board has all the powers necessary to perform its functions. 10 Membership of the Board (1) On the recommendation of the Minister, the Governor in Council may appoint a person to be a member of the Board. (2) The Board consists of not less than 9 and not more than 12 persons as determined by the Minister in accordance with the following requirements— (a) at least 2 and not more than two-thirds of the members are not, and have not at any time been, registered disability workers; (b) at least 2 and not more than two-thirds of the members are registered disability workers; (c) at least 3 members are persons with a disability. (3) In determining whether to appoint a person as a member of the Board, the Minister must have regard to the skills and experience of the person that are relevant to the Board's functions. (4) A person is not eligible to be a member of the Board if— (a) the person has ceased to be a registered disability worker as a result of the person's professional misconduct or incompetence or an impairment; or -- 33 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 22 Authorised by the Chief Parliamentary Counsel (b) the person has been found guilty, at any time, of an offence (whether in Victoria or elsewhere) that, in the opinion of the Minister, renders the person unfit to hold the office of member. 11 Term of office (1) A member of the Board— (a) holds office, subject to this Act, for a term specified in the member's instrument of appointment, not exceeding 3 years from the date of appointment; and (b) is eligible for reappointment. (2) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Board in respect of the office of member. (3) Despite subsection (1) and anything to the contrary in the member's instrument of appointment, a member of the Board, with the consent of the Minister, may continue to hold office at the end of member's appointment for a period not exceeding 6 months to enable the vacancy in the member's office to be filled. 12 When does a Board member's office become vacant? (1) The office of a member of the Board becomes vacant if the member— (a) without leave first being granted by the Board, is absent from 3 consecutive meetings of which reasonable notice was given to the member, either in person or by post; or (b) becomes an insolvent under administration; or -- 34 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 23 Authorised by the Chief Parliamentary Counsel (c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or (d) resigns by writing delivered to the Minister; or (e) is removed from office under subsection (2). (2) The Governor in Council may remove a member of the Board from office if of the opinion that the member— (a) is guilty of improper conduct in carrying out the duties of the member's office; or (b) is mentally or physically incapable of carrying out satisfactorily the duties of the member's office; or (c) has failed to comply with any term or condition of appointment. 13 Chairperson (1) On the recommendation of the Minister, the Governor in Council may appoint one of the members of the Board as chairperson of the Board. (2) Subject to this Act, the chairperson holds office for a term of 3 years from the date of appointment and is eligible for reappointment. 14 Payment of members (1) A member of the Board is entitled to receive the remuneration and allowances that are fixed from time to time by the Governor in Council. (2) The Governor in Council may fix different remuneration for different classes of members of the Board. -- 35 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 24 Authorised by the Chief Parliamentary Counsel 15 Acting appointments (1) The Minister may appoint a person from a list of persons approved under subsection (5) to act as a member of the Board— (a) during a vacancy in the office of member; or (b) in the place of a member who is absent or who, for any other reason, is unable to perform the duties of the office. (2) A member appointed under subsection (1) holds office for the rest of the term of appointment of the member whose place the replacement member fills. (3) An acting member— (a) has all the powers and must perform all the duties of the member for whom, or the office in which, the acting member is acting; and (b) is entitled to be paid the remuneration and allowances to which the member would have been entitled for performing those duties; and (c) is eligible for reappointment as a member of the Board. (4) The Minister may terminate at any time an acting appointment. (5) On the recommendation of the Minister, the Governor in Council may approve persons who are to be available to fill vacancies in the office of member of the Board under this section. 16 Meetings (1) The following persons are to preside at a meeting of the Board— (a) the chairperson; -- 36 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 25 Authorised by the Chief Parliamentary Counsel (b) a member appointed by the members present if the chairperson is absent. (2) The quorum of the Board is a majority of the members for the time being. (3) A question arising at a meeting is decided by a majority of votes and the person presiding has a deliberative vote and, in the case of an equality of votes, a second or casting vote. (4) The Board must ensure that accurate minutes are kept of its meetings. (5) The Board may permit members to participate in a particular meeting, or all meetings, by telephone, video conference or any other means of communication that does not require the physical presence of each member in the same place. (6) Subject to this Part, the Board may regulate its own procedure. 17 Conflicts of interest (1) A member of the Board who has a personal interest (whether pecuniary or otherwise) in a matter being considered or about to be considered by the Board, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest at a meeting of the Board if the interest appears to raise a conflict of interest with the proper performance of the member's duties in relation to the consideration of the matter. Penalty: 5 penalty units. (2) The person presiding at a meeting at which a declaration is made must cause a record of the declaration to be made in the minutes of the meeting. -- 37 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 26 Authorised by the Chief Parliamentary Counsel (3) After becoming aware of the conflict of interest in a matter— (a) unless the Board directs otherwise, the member must not be present during any deliberations on the matter; and (b) the member is not entitled to vote on the matter; and (c) if the member does vote, the vote must be disallowed. (4) For the purposes of this section, a member is not regarded as having a conflict of interest— (a) in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or (b) in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body. 18 Validity of acts or decisions An act or a decision of the Board is not invalid— (a) only because of— (i) a defect or irregularity in, or in connection with, the appointment of a member or an acting member or the election of a member; or (ii) a vacancy in the office of a member; or (b) on the ground that the occasion for an acting member to act had not arisen or had ceased. -- 38 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 27 Authorised by the Chief Parliamentary Counsel 19 Establishment of committees (1) The Board may establish one or more committees— (a) to assist the Board in exercising any of its functions; or (b) to provide expert advice on any matter relating to the Board's functions. (2) The members of a committee are to be appointed by the Board and each member is to have expertise in the matters to be considered by the committee. (3) The Board may decide the matters to be considered by a committee. 20 Delegation The Board, by instrument, may delegate to any of the following persons or bodies any function or power of the Board, other than this power of delegation— (a) a member of the Board; (b) the Commissioner; (c) an employee of the Commission or a person engaged by the Commission to provide services to the Board; (d) a committee established under section 19. Division 2—Victorian Disability Worker Commission 21 Establishment and constitution of the Victorian Disability Worker Commission (1) There is established a Victorian Disability Worker Commission. -- 39 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 28 Authorised by the Chief Parliamentary Counsel (2) The Commission— (a) is a body corporate with perpetual succession; and (b) must have a common seal; and (c) may sue and be sued; and (d) may employ staff; and (e) may enter into contracts or other arrangements; and (f) may acquire, hold and dispose of real and personal property; and (g) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The common seal of the Commission must be kept as directed by the Commission and may only be used as authorised by the Commission. (4) The Commission is to be constituted by the Victorian Disability Worker Commissioner. 22 Functions and powers of the Commission (1) The Commission has the following functions in relation to registered disability workers and disability students— (a) to provide administrative assistance and support to the Board to enable the Board to exercise its functions in relation to the registration and the regulation of registered disability workers and disability students and the accreditation of training programs; (b) in conjunction with the Board, to establish and maintain a register of disability workers that is accessible to the public and a register of disability students; -- 40 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 29 Authorised by the Chief Parliamentary Counsel (c) to implement efficient procedures for the purpose of supporting the Board to perform its function in relation to accreditation and registration; (d) to implement efficient procedures for receiving and passing on to the Board complaints and notifications about registered disability workers and disability students; (e) to receive, assess and investigate complaints and, if appropriate, to refer them to the Board; (f) to receive and assess notifications and, if appropriate, to refer them to the Board; (g) if appropriate, to conciliate complaints; (h) to enter into an agreement with the Board about fees, the Board's budget and services to be provided by the Commission to the Board; (i) to monitor, identify and advise the Minister about trends in relation to complaints and notifications, and other related matters; (j) any other function conferred on the Commission in relation to the Board by this or any other Act. (2) The Commission has the following functions in relation to unregistered disability workers— (a) to implement efficient procedures for receiving and dealing with complaints; (b) to receive, assess and deal with complaints and notifications and, if appropriate, refer them to the Board; (c) if appropriate, to conciliate complaints; -- 41 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 30 Authorised by the Chief Parliamentary Counsel (d) to provide advice to the Minister about matters referred to the Commission by the Minister; (e) to inquire into or investigate matters referred to the Commission by the Minister and to provide reports to the Minister in relation to those matters; (f) to monitor, identify and advise the Minister about trends in relation to complaints and notifications, and other related matters; (g) to carry out and support research into the handling of complaints and ways of improving the practice of disability workers and the disability services they provide; (h) to provide information and education to the public about disability workers and their conduct, the complaint handling standards and the complaints and notification processes; (i) any other function conferred on the Commission in relation to the Commission by this or any other Act. (3) The Victorian Disability Worker Commission has all the powers that are necessary or convenient to perform its functions under this or any other Act. 23 Regulatory management agreement The Commission must enter into a regulatory management agreement with the Board in accordance with section 276. 24 Staff (1) The Commission may employ any person who is necessary to enable Commission or the Commissioner to perform a function or a power under this or any other Act. -- 42 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 31 Authorised by the Chief Parliamentary Counsel (2) The Commission may engage a person with suitable qualifications or experience to assist the Commission or the Commissioner in the performance of the Commission's or the Commissioner's functions and powers under this or any other Act. 25 Delegation The Commission by instrument may delegate any duty, function or power of the Commission under this Act or any other Act or the regulations under this Act (other than this power of delegation) to any employee of the Commission or any person engaged by the Commission. 26 Appointment of Victorian Disability Worker Commissioner (1) The Governor in Council, on the recommendation of the Minister, by instrument may appoint a person as the Victorian Disability Worker Commissioner. (2) The Minister must consult the Board before making a recommendation under subsection (1). 27 Duties, functions and powers of the Commissioner (1) The Commissioner has the following functions— (a) all the duties, functions and powers of the Commission under this Act; (b) to issue prohibition orders, interim prohibition orders and public statements in relation to unregistered disability workers; (c) any other duties, functions and powers conferred on the Victorian Disability Commissioner under any other Act. (2) All acts and things done by the Commissioner in the name of or on behalf of the Commission are taken to have been done by the Commission. -- 43 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 32 Authorised by the Chief Parliamentary Counsel 28 Terms and conditions of appointment (1) The Commissioner— (a) holds office for the period, not exceeding 5 years, that is specified in the instrument of appointment; and (b) is eligible for reappointment; and (c) is appointed on a full-time or part-time basis and holds office on the terms and conditions that are specified in the instrument of appointment. (2) If the Commissioner was immediately before the Commissioner's appointment an officer within the meaning of the State Superannuation Act 1988, the Commissioner continues to be such an officer during the term of office as the Commissioner. (3) The Commissioner is entitled to the remuneration and allowances determined from time to time by the Governor in Council. 29 Acting appointment (1) The Governor in Council may appoint a person to act as the Victorian Disability Worker Commissioner— (a) during a vacancy in the office of the Commissioner; or (b) during any period when— (i) the Commissioner is absent; or (ii) the Commissioner is for any other reason unable to perform the duties of the office of Victorian Disability Worker Commissioner. -- 44 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 33 Authorised by the Chief Parliamentary Counsel (2) The Minister may appoint a person to act as the Commissioner for a period of not more than 6 months during any period when the Commissioner is absent. (3) A person appointed under subsection (1) is entitled to the remuneration and allowances that are determined from time to time by the Governor in Council. (4) A person appointed under subsection (2) is entitled to the remuneration and allowances that are determined by the Minister. (5) While a person is acting as the Commissioner, the person has all the powers and may perform any of the functions of the Commissioner. (6) The Governor in Council may revoke an appointment under subsection (1) at any time. (7) The Minister may revoke an appointment under subsection (2) at any time. 30 Vacancy and resignation The Commissioner ceases to hold office if the Commissioner— (a) resigns by writing delivered to the Minister; or (b) becomes insolvent under administration; or (c) is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence; or (d) nominates for election for or is elected to— (i) the Parliament of Victoria; or (ii) the Parliament of the Commonwealth or of another State or a Territory of the Commonwealth; or -- 45 of 333 -- Part 2—Governance Disability Service Safeguards Act 2018 No. 38 of 2018 34 Authorised by the Chief Parliamentary Counsel (iii) a Council, within the meaning of the Local Government Act 1989; or (e) is removed from office under section 31. 31 Removal from office The Governor in Council, on the recommendation of the Minister, may remove the Commissioner from office on any of the following grounds— (a) any misconduct of the Commissioner in carrying out the duties of the office; (b) a conflict of interest of the Commissioner when carrying out the duties of the office; (c) any neglect of the Commissioner in carrying out the duties of the office; (d) an inability of the Commissioner to perform the duties of the office; (e) the Commissioner engaging in paid employment outside the duties of the office without the consent of the Minister. 32 Validity of decisions A decision of the Commissioner is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Commissioner. -- 46 of 333 -- Part 3—Complaints—Preliminary matters Disability Service Safeguards Act 2018 No. 38 of 2018 35 Authorised by the Chief Parliamentary Counsel Part 3—Complaints—Preliminary matters Division 1—Making a complaint 33 Complaints about disability workers and disability students (1) A person may make a complaint to the Commission or the Board about a disability worker (whether or not the disability worker is registered) concerning the professional conduct of the disability worker, including and not limited to the following— (a) the standard of the disability services provided by the disability worker in the course of practising as a disability worker; (b) the knowledge, skill or judgement possessed by the disability worker; (c) the disability worker's suitability to hold registration; (d) the disability worker's capacity to practise in a safe manner; (e) an alleged contravention of this Act or an approved code of conduct; (f) matters about which a notification must be made. (2) A person may make a complaint to the Commission or the Board about a disability student on one or more of the following grounds— (a) the disability student has, or may have, an impairment that detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner; -- 47 of 333 -- Part 3—Complaints—Preliminary matters Disability Service Safeguards Act 2018 No. 38 of 2018 36 Authorised by the Chief Parliamentary Counsel (b) the disability student has, or may have, contravened a condition of the disability student's registration or an undertaking given by the disability student to the Board. 34 How a complaint is made (1) A complaint may be made orally or in writing. (2) A complaint must include particulars of the ground on which it is made. (3) If a complaint is made verbally, the Commission or the Board, as the case requires, must make a record of the complaint. 35 Reasonable assistance to be given to complainant (1) The Commission or the Board, if asked by an individual, must give the individual reasonable assistance to make a complaint about a disability worker or disability student. (2) Without limiting subsection (1), the Commission or the Board may assist an individual to make a complaint if— (a) the individual is not able to put the individual's complaint in writing without assistance; or (b) the individual needs assistance to clarify the nature of the individual's complaint. 36 Protection for persons making a complaint (1) A person who makes a complaint is not personally liable for any loss, damage or injury suffered by another person merely because of the making of the complaint. (2) A person who produces a document or gives any information or evidence to the Board or the Commission in making a complaint is not personally liable for any loss, damage or injury suffered by another person merely because of -- 48 of 333 -- Part 3—Complaints—Preliminary matters Disability Service Safeguards Act 2018 No. 38 of 2018 37 Authorised by the Chief Parliamentary Counsel the production of the document or the giving of the information or evidence. (3) Nothing in this section derogates from the protection of a person under section 87. 37 Withdrawal of complaint (1) A complainant may withdraw a complaint at any time after making it by written notice given to the Commission. (2) Despite a withdrawal of a complaint, the Commission or the Board may continue to deal with the complaint if the Commission or the Board, as the case requires, is of the opinion that the subject matter of the complaint may pose a serious risk to— (a) the life, health, safety or welfare of a person; or (b) the health, safety or welfare of the public. Division 2—Initial consideration of complaints received 38 Board to refer all complaints received to Commission for initial consideration As soon as practicable after receiving a complaint, the Board must refer the complaint to the Commission for initial consideration under this Division. 39 Initial consideration of complaint (1) The Commission, within 60 days after receipt of a complaint from the complainant or the Board, must decide if the complaint relates to— (a) a person who is— (i) a registered disability worker; or -- 49 of 333 -- Part 3—Complaints—Preliminary matters Disability Service Safeguards Act 2018 No. 38 of 2018 38 Authorised by the Chief Parliamentary Counsel (ii) a disability student; or (iii) an unregistered disability worker; or (b) a matter that is otherwise regulated under this Act. (2) If the Commission decides that the complaint relates to a person who is a registered disability worker or is a disability student, the Commission must refer the complaint to the Board to be dealt with in accordance with Part 4. (3) If the Commission decides that the complaint relates to conduct of a person who is currently an unregistered disability worker but who was a registered disability worker at the time of the relevant conduct, the Commission may refer the complaint to the Board to be dealt with in accordance with Part 4. (4) If the Commission decides that the complaint relates to a person who is an unregistered disability worker, the Commission must deal with the complaint in accordance with Part 5, unless the complaint has been referred to the Board under subsection (3). (5) If the behaviour that is the basis of a complaint occurred, or is reasonably believed to have occurred, outside Victoria, the Commission may refer the complaint to the appropriate entity for the jurisdiction in which it occurred. (6) The Commission may share any relevant information with an appropriate entity in another jurisdiction under this section. -- 50 of 333 -- Part 3—Complaints—Preliminary matters Disability Service Safeguards Act 2018 No. 38 of 2018 39 Authorised by the Chief Parliamentary Counsel 40 Commission may divide or concurrently deal with complaints (1) The Commission may divide a complaint at any time— (a) into 2 or more complaints if the Commission believes it is in the interests of the complainant or the person who received or sought the disability service; or (b) into a part that may be dealt with under this Act as a complaint by the Board or the Commission and a part that is or may be the subject of— (i) a notification under Part 7; or (ii) a notification, complaint, investigation or inquiry under a law of the Commonwealth, another State or a Territory. (2) The Commission may concurrently deal with 2 or more complaints, whether or not there is more than one complainant, if the Commission reasonably believes that— (a) the complainant or complainants are not disadvantaged; and (b) the disability worker's or disability student's rights are not adversely affected; and (c) the person who received or sought the disability service is not disadvantaged. -- 51 of 333 -- Part 4—The Board and complaints about registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 40 Authorised by the Chief Parliamentary Counsel Part 4—The Board and complaints about registered disability workers and disability students 41 Board to assess complaint (1) Within 60 days after the Commission initially considers under Part 3 a complaint in relation to a registered disability worker or in relation to a disability worker's conduct (which occurred when the disability worker was registered), the Board must assess a complaint referred to it by the Commission and decide the following— (a) whether to deal further with the complaint by doing one or more of the following— (i) taking immediate action in accordance with Division 2 of Part 8; (ii) counselling the registered disability worker; (iii) referring the complaint to the Commission for conciliation; (iv) referring the complaint to an appropriate entity; (v) settling the complaint by agreement with the registered disability worker or by agreement of the registered disability worker and the complainant; (vi) requiring the registered disability worker to undergo a performance assessment or a heath assessment; (vii) investigating the registered disability worker under Division 3 of Part 8; (viii) taking any other appropriate action under Division 5 of Part 8; -- 52 of 333 -- Part 4—The Board and complaints about registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 41 Authorised by the Chief Parliamentary Counsel (b) whether to take no further action in accordance with section 44; or (c) whether the disability worker is a registered NDIS provider or a person employed or engaged by a registered NDIS provider. (2) Within 60 days after receipt of a complaint in relation to a disability student, the Board must assess a complaint referred to it by the Commission and decide— (a) whether to deal further with the complaint by doing one or more of the following— (i) taking immediate action in accordance with Part 8; (ii) counselling the disability student; (iii) requiring the disability student to undergo a heath assessment; (iv) taking any other appropriate action under Division 5 of Part 8; or (b) whether to take no further action in accordance with section 45. (3) In the course of assessing the complaint under subsection (1), the Board may request information from the following— (a) the complainant; (b) the registered disability worker or the disability student; (c) any person who received or sought the relevant disability service; (d) any other person whom the Board reasonably believes has relevant information. -- 53 of 333 -- Part 4—The Board and complaints about registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 42 Authorised by the Chief Parliamentary Counsel 42 Notice of receipt of complaint to registered disability worker or disability student (1) As soon as practicable after receiving a complaint about a registered disability worker or a disability student, the Board must give written notice of the receipt of the complaint to the registered disability worker or disability student. (2) The notice must advise the registered disability worker or disability student of the nature of the complaint. (3) Despite subsection (1), the Board is not required to give the registered disability worker or disability student notice of the receipt of the complaint if the Board reasonably believes doing so would— (a) prejudice an investigation of the complaint; or (b) place at risk a person's health or safety or place a person at risk of intimidation or harassment. 43 Board may deal with complaints about same person together If the Board receives more than one complaint about a registered disability worker or a disability student, the Board may deal with the complaints together. 44 Board may settle complaint by agreement The Board may settle a complaint about a registered disability worker or a disability student with all or any of the following persons— (a) the complainant; (b) the registered disability worker or disability student; -- 54 of 333 -- Part 4—The Board and complaints about registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 43 Authorised by the Chief Parliamentary Counsel (c) the person who received or sought the disability services related to the complaint, if that person is not the complainant. 45 When Board may decide to take no further action (1) The Board may decide to take no further action in relation to a complaint if— (a) the Board reasonably believes the complaint is frivolous, vexatious, misconceived or lacking in substance; or (b) given the period of time that has elapsed since the matter which is the subject of the complaint occurred, it is not practicable for the Board to investigate or otherwise deal with the complaint; or (c) the person to whom the complaint relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the complaint; or (d) the subject matter of the complaint has already been dealt with adequately by the Board or the Commission; or (e) the subject matter of the complaint— (i) is being dealt with, or has been dealt with, by another entity; or (ii) has been referred by the Board to another entity to be dealt with by that entity; or (f) the registered disability worker or disability student to whom the complaint relates has taken appropriate steps to remedy the matter which is the subject of the complaint and the Board reasonably believes no further action is required in relation to the complaint; or -- 55 of 333 -- Part 4—The Board and complaints about registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 44 Authorised by the Chief Parliamentary Counsel (g) the complaint is made more than 12 months after the provision of the disability service that is the subject matter of the complaint; or (h) the complaint is made more than 12 months after the disability service sought was not provided. (2) A decision by the Board to decide to take no further action in relation to a complaint does not prevent the Board or an adjudication body taking the complaint into consideration at a later time as part of a pattern of conduct or practice by the registered disability worker or disability student. (3) If the Board decides to take no further action in relation to a complaint it must give written notice of the decision to the complainant. (4) A notice under subsection (3) must state— (a) that the Board has decided to take no further action in relation to the complaint; and (b) the reason why the Board has decided to take no further action. 46 Complaints about registered NDIS providers If the Board decides that the subject of a complaint is a registered NDIS provider or is employed or engaged by a registered NDIS provider, the Board— (a) must refer the complaint to the NDIS Quality and Safeguards Commission; and (b) may deal with the complaint in accordance with this Act; and (c) may defer dealing with the complaint until after the NDIS Quality and Safeguards Commission has considered the complaint. -- 56 of 333 -- Part 5—The Commission and complaints about unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 45 Authorised by the Chief Parliamentary Counsel Part 5—The Commission and complaints about unregistered disability workers 47 Commission must assess complaint (1) Within 60 days after the Commission initially considers under Part 3 a complaint in relation to an unregistered disability worker, the Commission must assess the complaint and decide the following— (a) whether to deal further with the complaint by doing one or more of the following— (i) counselling the unregistered disability worker; (ii) referring the complaint for conciliation by the Commission; (iii) referring the complaint to an appropriate entity; (iv) settling the complaint by agreement with the unregistered disability worker or by agreement of the unregistered disability worker and the complainant; (v) investigating the unregistered disability worker under Part 9; (vi) taking any other appropriate action under Part 9; (b) whether the unregistered disability worker is a registered NDIS provider or a person employed or engaged by a registered NDIS provider; (c) whether to take no further action in accordance with section 49. -- 57 of 333 -- Part 5—The Commission and complaints about unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 46 Authorised by the Chief Parliamentary Counsel (2) In the course of assessing the complaint under subsection (1), the Commission may request information from the following— (a) the complainant; (b) the unregistered disability worker; (c) any person who received or sought the relevant disability service; (d) any other person who the Commission reasonably believes has relevant information. (3) The Commission must give written notice of any decision made under this section to the complainant and to the unregistered disability worker as soon as practicable after making the decision. 48 Notice of receipt of complaint to unregistered disability worker (1) As soon as practicable after receiving a complaint about an unregistered disability worker, the Commission must give written notice of the receipt of the complaint to the unregistered disability worker. (2) The notice must advise the unregistered disability worker of the nature of the complaint. (3) Despite subsection (1), the Commission is not required to give the unregistered disability worker notice of the receipt of the complaint if the Commission reasonably believes doing so would— (a) prejudice an investigation of the complaint; or (b) place at risk a person's health or safety or place a person at risk of intimidation or harassment. -- 58 of 333 -- Part 5—The Commission and complaints about unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 47 Authorised by the Chief Parliamentary Counsel 49 When Commission may decide to take no further action The Commission may take no further action in relation to a complaint made to the Commission about an unregistered disability worker if— (a) the Commission is satisfied that the complaint is frivolous or vexatious or was not made in good faith; or (b) the subject matter of the complaint is trivial, misconceived or lacking in substance and the Commission reasonably believes that it does not require complaint resolution, conciliation or investigation; or (c) the complainant does not comply with a request for more information under section 47(2); or (d) the subject matter of the complaint comes within the jurisdiction of an adjudication body or other entity; or (e) the Commission is satisfied that there is no reasonable prospect of resolving the complaint by attempting to settle the complaint and the Commission does not believe that the complaint should be investigated under this Act; or (f) the complaint or part of the complaint concerns a matter that falls within the responsibility of an entity established under an Act of the Commonwealth; or (g) there is, or was, in relation to the complaint, a satisfactory alternative means of dealing with the matter by the complainant and the complainant does not have sufficient reason for not pursuing that alternative means; or -- 59 of 333 -- Part 5—The Commission and complaints about unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 48 Authorised by the Chief Parliamentary Counsel (h) the complaint has been withdrawn under section 37. 50 Commission may settle complaint by agreement The Commission may settle a complaint about an unregistered disability worker with all or any of the following persons— (a) the complainant; (b) the unregistered disability worker; (c) the person who received or sought the disability service related to the complaint, if that person is not the complainant. 51 Decision to reopen complaint (1) The Commission may decide to deal with a complaint in relation to which the Commission had decided to take no further action if— (a) the Commission becomes aware of new information in respect of that complaint; or (b) the Commission reasonably believes that further action should be taken in relation to that complaint. (2) If the Commission acts under this section, the Commission must inform the complainant, the disability worker and the person who received or sought the disability service of the action taken as soon as practicable after taking it. 52 Complaints about registered NDIS providers If the Commission decides that the subject of a complaint is a registered NDIS provider or is employed or engaged by a registered NDIS provider, the Commission— (a) must refer the complaint to the NDIS Quality and Safeguards Commission; and -- 60 of 333 -- Part 5—The Commission and complaints about unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 49 Authorised by the Chief Parliamentary Counsel (b) may deal with the complaint in accordance with this Act; and (c) may defer dealing with the complaint until after the NDIS Quality and Safeguards Commission has considered the complaint. -- 61 of 333 -- Part 6—Conciliation Disability Service Safeguards Act 2018 No. 38 of 2018 50 Authorised by the Chief Parliamentary Counsel Part 6—Conciliation 53 Proposed conciliation of the whole or a part of a complaint (1) If the Commission reasonably believes that the whole or a part of the complaint may be conciliated or the Board refers the matter to conciliation, the Commission may seek the agreement of the parties to participate in a conciliation. (2) The Commission must give written notice of a decision under subsection (1) to seek agreement to participate in a conciliation to the parties as soon as practicable after making the decision. (3) The notice must specify the following matters— (a) the date on which the conciliation is proposed to commence; (b) the whole or part of the complaint to be the subject of the conciliation; (c) the Commission's role in the conduct of a conciliation; (d) the obligations of the parties to a conciliation under section 55; (e) the offence under section 55. 54 Conciliation The Commission, as the case requires, must not commence a conciliation of a complaint unless— (a) the parties have agreed to participate in the conciliation; and (b) written notice of the conciliation is given to a party under section 53 before the parties agree to participate in the conciliation. -- 62 of 333 -- Part 6—Conciliation Disability Service Safeguards Act 2018 No. 38 of 2018 51 Authorised by the Chief Parliamentary Counsel 55 Confidentiality of information given or agreement reached in conciliation process (1) Subject to subsection (2), a party must not disclose anything said or done in a conciliation or any agreement reached in a conciliation outside the conciliation process. Penalty: 20 penalty units. (2) A party may disclose anything said or done in a conciliation outside the conciliation process with the consent of the person to whom the information relates. (3) Evidence of anything said or done in a conciliation is not admissible in a hearing or proceeding in a court or a tribunal. 56 Completion of conciliation As soon as practicable after the completion of a conciliation, the Commission must provide written notice to the parties that specifies— (a) the date on which the conciliation ceased; and (b) the outcome of the conciliation. 57 Duty of confidentiality—conciliation (1) The following persons must not disclose information obtained during the course of a conciliation conducted under this Part except in a circumstance specified in subsection (2)— (a) the Commission; (b) the Commissioner; (c) a member of the Board; (d) a person employed or engaged by the Commission. Penalty: 60 penalty units. -- 63 of 333 -- Part 6—Conciliation Disability Service Safeguards Act 2018 No. 38 of 2018 52 Authorised by the Chief Parliamentary Counsel (2) A person referred to in subsection (1) may disclose information in one or more of the following circumstances— (a) the person believes on reasonable grounds that the disclosure is necessary to avoid a serious risk to— (i) the life, health, safety or welfare of a person; or (ii) the health, safety or welfare of the public; (b) the disclosure is made with the written agreement of the person to whom the information relates; (c) the disclosure is made by a person employed or engaged by the Commission to another person employed or engaged by the Commission or to the Commissioner; (d) the disclosure is made by the Commissioner to a person employed or engaged by a member of the staff of the Commission; (e) the disclosure is made in the course of the Commission advising the Board in relation to the outcome of a conciliation; (f) the disclosure is otherwise authorised by the Minister on the grounds that the disclosure is in the public interest. -- 64 of 333 -- Part 7—Notifications Disability Service Safeguards Act 2018 No. 38 of 2018 53 Authorised by the Chief Parliamentary Counsel Part 7—Notifications Division 1—Definition 58 Definition In this Part— notifiable conduct, in relation to a disability worker (whether registered or unregistered), means the disability worker— (a) practised as a disability worker while intoxicated by alcohol or drugs; or (b) engaged in sexual misconduct while practising as a disability worker; or (c) placed, or may place, the public at risk of harm because the disability worker has an impairment that detrimentally affects, or is likely detrimentally to affect, the disability worker's capacity to practise as a disability worker; or (d) placed, or is placing, the public at risk of harm because the disability worker practised, or is practising, as a disability worker in a manner that constitutes a significant departure from accepted professional standards. Division 2—Obligation to make notification 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. -- 65 of 333 -- Part 7—Notifications Disability Service Safeguards Act 2018 No. 38 of 2018 54 Authorised by the Chief Parliamentary Counsel Note 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. Note 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 -- 66 of 333 -- Part 7—Notifications Disability Service Safeguards Act 2018 No. 38 of 2018 55 Authorised by the Chief Parliamentary Counsel 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. 60 Notifications by employers (1) Subject to subsection (2), if an employer of a disability worker reasonably believes that the disability worker has behaved in a way that constitutes notifiable conduct, the employer must notify the Commission of the notifiable conduct. Note See section 62 which provides protection from civil and administrative liability for persons who, in good faith, make a notification under this Act. (2) Subsection (1) does not apply to an employer of a disability worker if the employer receives disability services from the relevant disability worker in the course of the disability worker's employment. (3) In this section— employer, of a disability worker, means a person that employs the disability worker under a contract of employment or a contract for services. 61 Notifications by education providers (1) An education provider must notify the Commission if the provider reasonably believes that a disability student enrolled in a program of study provided by the education provider has an impairment that detrimentally affects the capacity of the disability student to undertake supervised -- 67 of 333 -- Part 7—Notifications Disability Service Safeguards Act 2018 No. 38 of 2018 56 Authorised by the Chief Parliamentary Counsel 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 Note See section 62 which provides protection from civil and administrative liability for persons who make a notification under this Act. (2) If an education provider fails to comply with subsection (1), the Board— (a) may publish details of the failure on the Commission's Internet site; and (b) may include a statement about the failure in its annual report. (3) If the Commission proposes taking action under subsection (2), the Commission must— (a) give the education provider notice of the proposed action; and (b) invite the education provider to make a submission to the Commission, within 30 days after receipt of the notice. (4) A notice given to an education provider under subsection (3), and any submission made by the education provider in accordance with the notice, may be written or verbal. (5) The Commission must have regard to any submission made by the education provider in accordance with this section in deciding whether to take the proposed action under subsection (2). -- 68 of 333 -- Part 7—Notifications Disability Service Safeguards Act 2018 No. 38 of 2018 57 Authorised by the Chief Parliamentary Counsel 62 Protection for persons making a notification (1) A person who makes a notification is not personally liable for any loss, damage or injury suffered by another person merely because of the making of the notification. (2) A person who produces a document or gives any information or evidence to the Board or the Commission in making a notification is not personally liable for any loss, damage or injury suffered by another person merely because of the production of the document or the giving of the information or evidence. (3) Nothing in this section derogates from the protection of a person under section 285. Division 3—How to make a notification 63 How a notification is made (1) A notification to the Commission may be made orally or in writing. (2) A notification must include particulars of the ground on which it is made. (3) If a notification is made verbally, the Commission must make a record of the notification. 64 Reasonable assistance to be given to notifier (1) The Commission, if asked by an individual, must give the individual reasonable assistance to make a notification about a disability worker or disability student. (2) Without limiting subsection (1), the Commission may assist an individual to make a notification if— (a) the individual is not able to put the individual's notification in writing without assistance; or -- 69 of 333 -- Part 7—Notifications Disability Service Safeguards Act 2018 No. 38 of 2018 58 Authorised by the Chief Parliamentary Counsel (b) the individual needs assistance to clarify the nature of the individual's notification. Division 4—Initial consideration of notifications 65 Board to refer all notifications received to Commission for initial consideration As soon as practicable after receiving a notification, the Board must refer the notification to the Commission for initial consideration under this Division. 66 Initial consideration of notification (1) The Commission, within 60 days after receiving a notification from the notifier or the Board, must decide if the notification relates to— (a) a registered disability worker; or (b) a disability student; or (c) an unregistered disability worker. (2) If the Commission decides that the notification relates to a registered disability worker or a disability student, the Commission must refer the notification to the Board. (3) If the Commission decides that the notification relates to conduct of a person who is currently an unregistered disability worker but who was a registered disability worker at the time of the relevant conduct, the Commission may refer the notification to the Board. (4) If the Commission decides that the notification relates to a person who is an unregistered disability worker, the Commission must deal with the notification, unless the notification has been referred to the Board under subsection (3). -- 70 of 333 -- Part 7—Notifications Disability Service Safeguards Act 2018 No. 38 of 2018 59 Authorised by the Chief Parliamentary Counsel (5) The Commission may share any relevant information with an appropriate entity in another jurisdiction under this section. Division 5—Assessment of notification and other matters 67 Assessment of notification Within 60 days after the Commission initially considers a notification under section 66, the Commission or Board, as the case requires, must assess the notification and decide the following— (a) whether to deal further with the notification by doing one or more of the following— (i) counselling the disability worker or disability student; (ii) referring the notification to an appropriate entity; (iii) requiring the disability worker, if registered, to undergo a performance assessment or a health assessment; (iv) requiring the disability student to undergo a health assessment; (iv) investigating the disability worker under Part 8 or 9, as the case requires; (v) taking any other appropriate action under Part 8 or 9, as the case requires; (b) whether the disability worker is a registered NDIS provider or a person employed or engaged by a registered NDIS provider; (c) whether to take no further action in accordance with section 69. -- 71 of 333 -- Part 7—Notifications Disability Service Safeguards Act 2018 No. 38 of 2018 60 Authorised by the Chief Parliamentary Counsel 68 Notice of assessment of notification (1) As soon as practicable after assessing a notification, the Commission or Board, as the case requires, must give written notice of any decision made under section 67 to the disability worker or disability student. (2) The notice must advise the disability worker or disability student of the nature of the notification and of the decision made under section 67. (3) Despite subsection (1), the Commission or Board is not required to give the disability worker or disability student notice of the assessment if the Commission or Board, as the case requires, reasonably believes doing so would— (a) prejudice any investigation of the notification; or (b) place at risk a person's health or safety or place a person at risk of intimidation or harassment. 69 When no further action may be taken The Commission or Board, as the case requires, may take no further action in relation to a notification if— (a) the Commission or Board is satisfied that the notification is frivolous or vexatious or was not made in good faith; or (b) the subject matter of the notification is trivial, misconceived or lacking in substance and the Commission or Board reasonably believes that it does not require investigation; or (c) the subject matter of the notification comes within the jurisdiction of an adjudication body or other entity; or -- 72 of 333 -- Part 7—Notifications Disability Service Safeguards Act 2018 No. 38 of 2018 61 Authorised by the Chief Parliamentary Counsel (d) the subject matter of the notification has already been dealt with adequately by the Board or the Commission; or (e) the subject matter of the notification— (i) is being dealt with, or has been dealt with, by another entity; or (ii) has been referred by the Board or the Commission to another entity to be dealt with by that entity; or (f) the disability worker or disability student to whom the notification relates has taken appropriate steps to remedy the matter which is the subject of the notification and the Board or Commission reasonably believes no further action is required in relation to the notification; or (g) the notification is made more than 12 months after the provision of the disability service that is the subject matter of the notification; or (h) the notification is made more than 12 months after the disability service sought was not provided. 70 Notifications about registered NDIS providers If the Commission or Board decides that the subject of a notification is a registered NDIS provider or is employed or engaged by a registered NDIS provider, the Commission or Board, as the case requires— (a) must refer the notification to the NDIS Quality and Safeguards Commission; and (b) may deal with the notification in accordance with this Act; and -- 73 of 333 -- Part 7—Notifications Disability Service Safeguards Act 2018 No. 38 of 2018 62 Authorised by the Chief Parliamentary Counsel (c) may defer dealing with the notification until after the NDIS Quality and Safeguards Commission has considered the notification. 71 Notifications about same person may be dealt with together If the Board or the Commission receives more than one notification about a registered disability worker or a disability student, the Board or the Commission, as the case requires, may deal with the notifications together. -- 74 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 63 Authorised by the Chief Parliamentary Counsel Part 8—Regulation of registered disability workers and disability students Division 1—Application 72 Part also applicable to person formerly registered under this Act (1) This Part applies to— (a) a registered disability worker; and (b) a person who was, but is no longer, registered under this Act if the relevant behaviour which is the subject of the complaint, notification or other action referred to in this Part occurred while the person was registered under this Act. (2) A reference in this Part to a registered disability worker is taken to refer to— (a) a registered disability worker as defined in section 3; and (b) a person to whom this Part applies by virtue of subsection (1). Division 2—Immediate action taken by Board in relation to registered disability workers and disability students 73 Definition of immediate action In this Division— immediate action, in relation to a registered disability worker or a disability student, means any of the following— (a) suspending, or imposing a condition on, the registered disability worker's or disability student's registration; -- 75 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 64 Authorised by the Chief Parliamentary Counsel (b) accepting an undertaking from the registered disability worker or disability student; (c) accepting the surrender of the registered disability worker's or disability student's registration; (d) in the case of a registered disability worker or a disability student whose registration is suspended or cancelled, prohibiting the registered disability worker or disability student from providing a specified disability service or all disability services. 74 Power to take immediate action Subject to section 75, the Board may take immediate action in relation to a registered disability worker or disability student if— (a) in the case of a registered disability worker the Board reasonably believes that— (i) the registered disability worker poses a serious risk to persons because of the disability worker's conduct, performance or health; and (ii) it is necessary to take immediate action to protect public health or safety; or (b) in the case of a disability student, the Board reasonably believes that— (i) the disability student poses a serious risk to persons because— (A) the disability student has, or may have an impairment that detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner; or -- 76 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 65 Authorised by the Chief Parliamentary Counsel (B) the disability student has, or may have contravened a condition of the disability student's registration or an undertaking given by the disability student to the Board; and (ii) it is necessary to take immediate action to protect public health or safety; or (c) the Board reasonably believes that the registered disability worker's or disability student's registration was improperly obtained because the registered disability worker or disability student or someone else gave the Board information or a document that was false or misleading in a material particular; or (d) the registered disability worker's or disability student's registration in relation to the provision of health services, disability services or education has been cancelled or suspended under an Act of this State or of any other jurisdiction; or (e) the Board reasonably believes the action is otherwise in the public interest. Example A registered disability worker is charged with a serious criminal offence, unrelated to the provision of disability services, for which immediate action is required to be taken to maintain public confidence in the provision of services by registered disability workers. -- 77 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 66 Authorised by the Chief Parliamentary Counsel 75 Show cause process (1) If the Board proposes taking immediate action under section 74, the Board must— (a) give the registered disability worker or disability student notice of the proposed immediate action; and (b) invite the registered disability worker or disability student to make a submission to the Board, within the time stated in the notice, about the proposed immediate action. (2) A notice given to a registered disability worker or disability student under subsection (1), and any submission made by the registered disability worker or disability student in accordance with the notice, may be written or verbal. (3) The Board must have regard to any submission made by the registered disability worker or disability student in accordance with this section in deciding whether to take immediate action. 76 Notice to be given to registered disability worker or disability student (1) Within 30 days after deciding to take immediate action in relation to a registered disability worker or disability student, the Board— (a) must give written notice of the Board's decision to, as the case requires— (i) the registered disability worker and the registered disability worker's employer, if any; and (ii) the disability student and the education provider at which the disability student is undertaking an approved program of study; and -- 78 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 67 Authorised by the Chief Parliamentary Counsel (iii) the complainant or notifier, if a complaint or notification about the registered disability worker or disability student resulted in the decision of the Board; and (b) must take any further action under this Part that the Board considers appropriate, including one or more of the following— (i) investigating the registered disability worker or disability student; (ii) requiring the registered disability worker to undergo a health assessment or performance assessment; (iii) requiring the disability student to undergo a health assessment. (2) The notice of decision must state— (a) the type of immediate action the Board has decided to take; and (b) the reasons for the decision to take the immediate action; and (c) any further action the Board proposes to take under this Part in relation to the registered disability worker or disability student; and (d) that the registered disability worker or disability student may seek a review of the decision to take the immediate action if the action is to suspend, or impose a condition on, the registered disability worker's or disability student's registration; and (e) how an application for review may be made and the period within which the application must be made. -- 79 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 68 Authorised by the Chief Parliamentary Counsel 77 Period of immediate action (1) The decision by the Board to take immediate action in relation to a registered disability worker or disability student takes effect on— (a) the day on which the notice referred to in section 76 is given to the registered disability worker or disability student; or (b) a later day stated in that notice. (2) The decision continues to have effect until the earlier of the following occurs— (a) the decision is varied or set aside on appeal or a new decision is substituted on review; (b) in the case of the suspension of, or imposition of a condition on, the registered disability worker's or disability student's registration, the suspension is revoked, or the condition is removed, by the Board; (c) in the case of an undertaking, the Board and the registered disability worker or disability student agree to end the undertaking. Division 3—Investigations in relation to registered disability workers and students 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 -- 80 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 69 Authorised by the Chief Parliamentary Counsel (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. -- 81 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 70 Authorised by the Chief Parliamentary Counsel (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. 79 Registered disability worker or disability student to be given notice of investigation (1) Subject to subsection (3), as soon as practicable after deciding to investigate a registered disability worker or disability student, the Board must give the registered disability worker or disability student written notice about the investigation which sets out the nature of the matter to be investigated. (2) The Board, at not less than 3-monthly intervals, must give written notice of the progress of the investigation to— (a) the registered disability worker or disability student, subject to subsection (3); and (b) if the investigation relates to a complaint or a notification made about the registered disability worker or disability student, the complainant or notifier, as the case requires. (3) The Board is not required to give the registered disability worker or disability student a notice under subsection (1) or (2)(a) if the Board reasonably believes that giving the notice may— (a) seriously prejudice the investigation; or (b) place at risk a person's health or safety; or (c) place a person at risk of harassment or intimidation. -- 82 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 71 Authorised by the Chief Parliamentary Counsel 80 Appointment of investigators (1) The Board may appoint the following persons as an investigator for the purposes of this Part— (a) a person employed by the Commission; (b) a person engaged by the Commission. (2) The Board must not appoint a person to be an investigator unless the Board is satisfied that the person is suitably qualified or trained to be an investigator for the purposes of this Part. (3) An appointment of a person as an investigator must specify the functions, duties and powers under this Part and Part 14 in respect of which the person is appointed as an investigator. 81 Identity card for investigators (1) The Board must give an identity card to a person appointed as an investigator. (2) The identity card must— (a) contain a recent photograph of the investigator; and (b) be signed by the investigator; and (c) identify the person as an investigator appointed by the Board. 82 Display of identity card by investigators (1) An investigator may exercise a power in relation to a person if the investigator— (a) before exercising the power, produces the investigator's identity card for the person's inspection; or (b) has the identity card displayed so it is clearly visible to the person. -- 83 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 72 Authorised by the Chief Parliamentary Counsel (2) If it is not practicable to comply with subsection (1) before exercising the power, the investigator must produce the identity card for the person's inspection at the first reasonable opportunity. 83 Investigator functions, powers and duties (1) In addition to the functions, powers and duties that are set out in this Division and are specified in the investigator's appointment, an investigator— (a) has the powers of authorised officers that are set out in Division 2 of Part 14 and are specified in the investigator's appointment; and (b) must comply with those provisions in Division 2 of Part 14 that set out requirements with which authorised officers must comply and that are specified in the investigator's appointment. (2) For the purposes of subsection (1), a reference to an authorised officer in Division 2 of Part 14 is taken to be a reference to an investigator. 84 Investigator may require information or attendance or apply to Magistrates' Court for order (1) An investigator who is directed to conduct an investigation under section 78 may require a registered disability worker, by written notice given to the registered disability worker, to do either or both of the following— (a) to give stated information to the investigator within a stated reasonable time and in a stated reasonable way; -- 84 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 73 Authorised by the Chief Parliamentary Counsel (b) to attend before the investigator at a stated reasonable time and place and to answer questions or to produce a stated thing. (2) Subject to subsection (3), an investigator may apply to the Magistrates' Court for an order requiring a person (other than a registered disability worker), at a time and place specified by the investigator, to do one or more of the following— (a) to answer orally or in writing any questions put by the investigator in relation to the investigation; (b) to supply orally or in writing information required by the investigator in relation to the investigation; (c) to produce to the investigator specified documents or documents of a specified class relating to the investigation. (3) An application under subsection (2) may only be made if the investigator believes on reasonable grounds that it is necessary for the person to comply with the order to enable the investigator to obtain evidence about a matter that is the subject of the investigation. (4) The Magistrates' Court may make the order if the Magistrates' Court is satisfied that there are reasonable grounds to believe that the person may be able to provide evidence about a matter that is the subject of an investigation. (5) An order must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect. -- 85 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 74 Authorised by the Chief Parliamentary Counsel 85 Investigator may ask for health or performance assessment During the course of carrying out an investigation, an investigator may ask— (a) a registered disability worker to undergo a health assessment or performance assessment; or (b) a disability student to undergo a health assessment. 86 Investigator to report regularly to Board during course of investigation If a matter has been referred to an investigator to investigate, the investigator must give the Board any information that the Board reasonably requires to enable the Board to comply with section 79(2). 87 Protection of persons giving evidence to investigator A person who gives information or evidence, or produces a document or thing, to an investigator under this Act has the same protection and immunity as a witness has in a proceeding in the Supreme Court. 88 Investigator's final report about investigation (1) As soon as practicable after completing an investigation under this Division, an investigator must give a written report about the investigation to the Board. (2) The report must include— (a) the investigator's findings about the investigation; and (b) the investigator's recommendations about any action to be taken in relation to the registered disability worker or disability -- 86 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 75 Authorised by the Chief Parliamentary Counsel student who is the subject of the investigation. 89 Decision by Board (1) After considering the investigator's report, the Board must decide— (a) to take no further action in relation to the matter; or (b) to do either or both of the following— (i) to take the action that the Board considers necessary or appropriate under this Act; (ii) to refer the matter to any appropriate entity for investigation or other action. (2) The Board, within 30 days after making a decision under subsection (1), must give written notice of the decision to— (a) the registered disability worker or disability student; and (b) if a notification or a complaint about the registered disability worker or disability student resulted in the decision of the Board, the notifier or complainant, as the case requires; and (c) in the case of a registered disability worker, the employer, if any, of the registered disability worker; and (d) in the case of a disability student, the education provider at which the disability student is undertaking an approved program of study. -- 87 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 76 Authorised by the Chief Parliamentary Counsel Division 4—Health assessments and performance assessments of registered disability workers and health assessments of disability students 90 Definitions In this Division— assessment means— (a) a health assessment; or (b) a performance assessment; assessor means a person appointed under section 93. 91 Requirement for health assessment The Board may require a registered disability worker or disability student to undergo a health assessment if the Board reasonably believes, because of a complaint or notification or for any other reason, that the registered disability worker or disability student has, or may have, an impairment which detrimentally affects, as the case requires— (a) the registered disability worker's capacity to provide disability services in a safe manner; or (b) the disability student's to capacity to undertake supervised practice in a safe manner. 92 Requirement for performance assessment The Board may require a registered disability worker to undergo a performance assessment if the Board reasonably believes, because of a complaint or notification or for any other reason, that the manner in which the registered disability worker practises as a disability worker is, or may be, unsatisfactory. -- 88 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 77 Authorised by the Chief Parliamentary Counsel 93 Appointment of assessor to carry out assessment (1) The Board must appoint an assessor to carry out an assessment if— (a) the Board requires— (i) a registered disability worker to undergo a health assessment or performance assessment; or (ii) a disability student to undergo a health assessment; or (b) an investigator asks— (i) a registered disability worker to undergo a health assessment or performance assessment; or (ii) a disability student to undergo a health assessment. (2) The assessor must be a person other than a member of the Board who is— (a) in the case of a health assessment, a registered medical practitioner or a psychologist; or (b) in the case of a performance assessment, a registered disability worker. (3) The assessor may ask a registered health practitioner, another registered disability worker or a person with recognised expertise in the relevant area to assist the assessor in carrying out the assessment of the registered disability worker or disability student. (4) The assessor's fee for carrying out the assessment is to be paid out of the Board's budget. -- 89 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 78 Authorised by the Chief Parliamentary Counsel 94 Notice to be given to registered disability worker or disability student about assessment (1) A requirement by the Board for a registered disability worker or a disability student to undergo an assessment must be made by written notice given to the registered disability worker or disability student. (2) The written notice must state— (a) that the registered disability worker is required to undergo a health assessment or performance assessment or that the disability student is required to undergo a health assessment; and (b) the nature of the assessment to be carried out; and (c) the name and qualifications of the assessor who is to carry out the assessment; and (d) that if the registered disability worker or disability student does not undergo the assessment, the Board may continue to take proceedings in relation to the registered disability worker or disability student under this Act. 95 Assessor may require information or attendance For the purposes of conducting an assessment of a registered disability worker or disability student, an assessor, by written notice given to the registered disability worker or disability student, may require the disability worker or disability student— (a) to give stated information to the assessor within a stated reasonable time and in a stated reasonable way; or (b) to attend before the assessor at a stated time and a stated place to undergo the assessment. -- 90 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 79 Authorised by the Chief Parliamentary Counsel 96 Inspection of documents (1) An assessor to whom a document is produced may do one or more of the following— (a) inspect the document; (b) make a copy of, or take an extract from, the document; (c) keep the document while it is necessary for the assessment. (2) If the assessor keeps the document, the assessor must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and place decided by the assessor. 97 Report from assessor As soon as practicable after carrying out an assessment, the assessor must give the Board a report about the assessment. 98 Copy of report to be given to registered disability worker or disability student (1) As soon as practicable after receiving the assessor's report, the Board must give a copy of the report to— (a) the registered disability worker or disability student to whom it relates; or (b) if the report contains information that the Board considers, if disclosed to the registered disability worker or disability student, may be prejudicial to the registered disability worker's or disability student's physical or mental health or wellbeing, a registered medical practitioner or psychologist nominated by the registered disability worker or disability student. -- 91 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 80 Authorised by the Chief Parliamentary Counsel (2) A medical practitioner or psychologist to whom a copy of a report about a registered disability worker or disability student is given under subsection (1)(b) must give a copy of the report to the registered disability worker or disability student as soon as it will no longer be prejudicial to the registered disability worker's or disability student's health or wellbeing. (3) After the registered disability worker or disability student receives a copy of the report under subsection (1)(a) or (2), a person nominated by the Board— (a) must discuss the report with the registered disability worker or disability student; and (b) in the case of a registered disability worker, if the report makes an adverse finding about the registered disability worker's provision of disability services or states that the assessor finds the registered disability worker has an impairment which detrimentally affects the registered disability worker's capacity to practise in a safe manner, discuss with the registered disability worker ways of dealing with the finding, including whether the registered disability worker is prepared to alter the manner in which the registered disability worker practises as a disability worker. 99 Decision by Board (1) After considering the assessor's report and any discussions held with the registered disability worker or disability student under section 98(3), the Board may decide— (a) to take the action that the Board considers necessary or appropriate under this Act; or -- 92 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 81 Authorised by the Chief Parliamentary Counsel (b) to refer the matter to any appropriate entity for investigation or other action; or (c) to take no further action in relation to the matter. (2) The Board, within 30 days after making a decision under subsection (1), must give written notice of the decision to— (a) the registered disability worker or disability student; and (b) if a notification or a complaint about the registered disability worker or disability student resulted in the decision of the Board, the notifier or complainant, as the case requires; and (c) in the case of a registered disability worker, the employer, if any, of the registered disability worker; and (d) in the case of a disability student, the education provider at which the disability student is undertaking an approved program of study. Division 5—Action by Board in relation to registered disability workers and disability students 100 Board may take action (1) This section applies if, following the Board's initial consideration of a complaint or notification or following the Board's consideration of an investigator's or assessor's report or for any other reason— -- 93 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 82 Authorised by the Chief Parliamentary Counsel (a) the Board reasonably believes that— (i) the manner in which a registered disability worker practises as a disability worker, or the registered disability worker's conduct in the course of practising as a disability worker, is or may be unsatisfactory; or (ii) 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 to 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; and (b) the matter is not required to be referred to VCAT under section 211; and (c) the Board decides it is not necessary or appropriate to refer the matter to a panel. (2) The Board may decide to take one or more of the following actions (relevant actions) in relation to the registered disability worker or disability student— (a) counsel the disability worker or disability student; (b) caution the registered disability worker or disability student ; (c) accept an undertaking from the registered disability worker or disability student; -- 94 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 83 Authorised by the Chief Parliamentary Counsel (d) impose a condition on the registered disability worker's or disability student's registration, including any of the following— (i) a condition requiring the registered disability worker or disability student to complete specified further education or training within a specified period; (ii) a condition requiring the registered disability worker to undertake a specified period of supervised practice; (iii) a condition requiring the registered disability worker to do, or refrain from doing, something in connection with the registered disability worker's practice as a disability worker; (iv) a condition requiring the registered disability worker to practise as a disability worker in a specified manner; (v) a condition requiring the registered disability worker to report to a specified person at specified times about the registered disability worker's practice as a disability worker; (e) refer the matter to the Commission or another appropriate entity for investigation or other action. (3) If the Board decides to impose a condition on the registration of the registered disability worker or disability student, the Board must also decide a review period for the condition. -- 95 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 84 Authorised by the Chief Parliamentary Counsel 101 Show cause process (1) Subject to subsection (3), if the Board proposes to take a relevant action referred to in section 100 in relation to a registered disability worker or disability student, the Board— (a) must give the registered disability worker or disability student written notice of the proposed relevant action; and (b) must invite the registered disability worker or disability student to make a written or verbal submission to the Board, within the reasonable time stated in the notice, about the proposed relevant action. (2) After considering any submission made by the registered disability worker or disability student in accordance with subsection (1), the Board must decide— (a) to take no further action in relation to the matter; or (b) to do either or both of the following— (i) to take the proposed relevant action or other relevant action; (ii) to refer the matter to the Commission or another appropriate entity for investigation or other action. (3) The Board is not required to comply with subsection (1) if— (a) the Board proposed to take a relevant action in relation to the registered disability worker or disability student; and (b) the Board, in relation to the matter that forms the basis for the relevant action referred to in section 100— -- 96 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 85 Authorised by the Chief Parliamentary Counsel (i) has investigated the registered disability worker or disability student under Division 3; or (ii) has conducted a health assessment or performance assessment of the registered disability worker under Division 4; or (iii) has conducted a health assessment of the disability student under Division 4. 102 Notice to be given to registered disability worker or disability student and to notifier As soon as practicable after making a decision under section 100(2) or 101(2), the Board must give written notice of the decision to— (a) the registered disability worker or disability student ; and (b) if the decision was the result of a notification or a complaint, the notifier or the complainant, as the case requires, and include the reasons for the decision; and (c) the employer, if any, of the registered disability worker; and (d) the education provider, in the case of a disability student. Division 6—Panels in relation to registered disability workers and disability students 103 Establishment of health panel (1) The Board may establish a health panel if— (a) the Board reasonably believes, because of a complaint or notification or for any other reason, that a registered disability worker or disability student has, or may have, an impairment which detrimentally affects— -- 97 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 86 Authorised by the Chief Parliamentary Counsel (i) the registered disability worker's capacity to practise in a safe manner; or (ii) the registered disability student's capacity to undertake supervised practice in a safe manner; and (b) the Board decides that it is necessary or appropriate for the matter to be referred to a health panel. (2) The Board must establish a health panel if the suspension of a registered disability worker's or disability student's registration is to be reconsidered under section 113(8) or 114(c). (3) A health panel must consist of the following members chosen from a list referred to in section 105— (a) at least one member who is a registered disability worker; (b) at least one member who is a registered medical practitioner with expertise relevant to the matter that is the subject of the hearing; (c) at least one member who is not, and has never been, a registered disability worker. (4) No more than half of the members of the health panel may be registered disability workers. (5) A person must not be appointed to the health panel if the person has been involved in any proceeding relating to the matter that is the subject of the hearing by the panel. -- 98 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 87 Authorised by the Chief Parliamentary Counsel 104 Establishment of professional standards panel (1) The Board may establish a professional standards panel if— (a) the Board reasonably believes, because of a notification or a complaint or for any other reason, that— (i) the manner in which a registered disability worker practises constitutes, or may constitute, unprofessional conduct or unsatisfactory professional performance; or (ii) the registered disability worker's conduct when practising constitutes, or may constitute, unprofessional conduct or unsatisfactory professional performance; and (b) the Board decides that it is necessary or appropriate for the matter to be referred to a professional standards panel. (2) A professional standards panel must consist of at least 3 members. (3) At least half, but no more than two-thirds, of the members of the professional standards panel must be persons who are registered disability workers and chosen from a list referred to in section 105. (4) At least one member must be a person who represents the community and is chosen from a list referred to in section 105. (5) A person may not be appointed to a professional standards panel if the person has been involved in any proceeding relating to the matter that is the subject of the hearing by the panel. -- 99 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 88 Authorised by the Chief Parliamentary Counsel 105 List of approved persons for appointment to panels The Board may appoint individuals to a list of persons approved to be appointed as members of panels. 106 Notice to be given to registered disability worker or disability student (1) A panel must give notice of its hearing of a matter to the registered disability worker or disability student who is the subject of the hearing. (2) The notice must state the following— (a) the day, time and place at which the hearing is to be held; (b) the nature of the hearing and the matters to be considered at the hearing; (c) that the registered disability worker or disability student is required to attend the hearing; (d) that the registered disability worker or disability student may be accompanied by an Australian legal practitioner or another person; (e) that if an Australian legal practitioner or other person accompanies the registered disability worker or disability student, the Australian legal practitioner or other person may appear on behalf of the registered disability worker or disability student, with the leave of the panel; (f) that if the registered disability worker or disability student fails to attend the hearing, the hearing may continue and the panel may make a decision in the absence of the registered disability worker or disability student; -- 100 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 89 Authorised by the Chief Parliamentary Counsel (g) the types of decision which the panel may make at the end of the hearing. (3) For a health panel, the panel— (a) may decide that the hearing be decided entirely on the basis of documents, without parties, their representatives or witnesses appearing at the hearing; and (b) if the hearing is to be decided entirely on the basis of documents, must give written notice of the decision to the registered disability worker or disability student who is the subject of the hearing. (4) Within 14 days after receiving the notice under subsection (3)(b), the registered disability worker or disability student may give a written notice to the health panel— (a) requesting a hearing; and (b) undertaking to be available to attend the hearing within 28 days after giving the notice. (5) If the registered disability worker or disability student gives a notice under subsection (4), the health panel must give the registered disability worker or disability student notice under subsection (1) stating a day for the hearing that is not more than 28 days after the disability worker's or disability student's notice was given. (6) Subsection (1) does not apply if— (a) the health panel makes a decision under subsection (3); and (b) the registered disability worker or disability student does not give notice under subsection (4). -- 101 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 90 Authorised by the Chief Parliamentary Counsel 107 Procedure of panel (1) Subject to this Division, a panel may decide its own procedures. (2) A panel is required to observe the principles of natural justice but is not bound by the rules of evidence. (3) A panel may have regard to— (a) a report prepared by an assessor about the registered disability worker or disability student; and (b) any other information that the panel considers relevant to the hearing of the matter. 108 Legal representation (1) At a hearing of a panel, the registered disability worker or disability student who is the subject of the hearing may be accompanied by an Australian legal practitioner or another person. (2) An Australian legal practitioner or other person accompanying the registered disability worker or disability student may appear on behalf of the registered disability worker or disability student only with the leave of the panel. (3) The panel may grant leave for an Australian legal practitioner or other person to appear on behalf of the registered disability worker or disability student if the panel considers it appropriate in the particular circumstances of the hearing. 109 Submission by notifier or complainant If a matter that is the subject of a hearing before a panel relates to a notification or a complaint, the notifier or complainant, as the case requires, with the leave of the panel, may make a submission to the panel about the matter. -- 102 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 91 Authorised by the Chief Parliamentary Counsel 110 Panel may proceed in absence of registered disability worker or disability student At a hearing, a panel may proceed in the absence of the registered disability worker or disability student who is the subject of the proceeding if the panel reasonably believes that the registered disability worker or disability student has been given notice of the hearing. 111 Hearing not open to the public A hearing before a panel is not open to the public. 112 Referral to VCAT A panel must stop hearing a matter and require the Board to refer the matter to VCAT under section 211 if, at any time— (a) the registered disability worker or disability student who is the subject of the hearing asks the panel for the matter to be referred to VCAT; or (b) in the case of a registered disability worker who is the subject of the hearing— (i) the panel reasonably believes that the evidence demonstrates that the registered disability worker may have behaved in a way that constitutes professional misconduct; or (ii) the panel reasonably believes the evidence demonstrates the registered disability worker's or disability student's registration may have been improperly obtained because the registered disability worker or disability student, as the case may be, or someone else gave the Board information or a document that was -- 103 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 92 Authorised by the Chief Parliamentary Counsel false or misleading in a material particular. 113 Decision of panel (1) After hearing a matter about a registered disability worker, a panel may decide— (a) that the registered disability worker has no case to answer and that no further action is to be taken in relation to the matter; or (b) one or more of the following— (i) that the registered disability worker has behaved in a way that constitutes unsatisfactory professional performance; (ii) that the registered disability worker has behaved in a way that constitutes unprofessional conduct; (iii) that the registered disability worker has an impairment which detrimentally affects the disability worker's capacity to practise in a safe manner; (iv) that the matter must be referred to VCAT under section 211; (v) that the matter must be referred to the NDIS Quality and Safeguards Commission or another appropriate entity for investigation or other action. (2) After hearing a matter about a disability student, a panel may decide— (a) that the disability student has no case to answer and that no further action is to be taken in relation to the matter; or -- 104 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 93 Authorised by the Chief Parliamentary Counsel (b) one or both of the following— (i) that the disability student has an impairment which detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner; (ii) that the matter must be referred to a health complaints entity or another entity for investigation or other action. (3) If a panel decides that a registered disability worker or disability student has an impairment which has a detrimental effect of a kind referred to in subsection (1) or (2) or that a registered disability worker has behaved in a manner that constitutes unsatisfactory professional performance or unprofessional conduct, the panel may decide to impose a condition on the disability worker's or disability student's registration, including one or more of the following— (a) a condition requiring the disability worker or disability student to complete specified further education or training within a specified period; (b) a condition requiring the disability worker to undertake a specified period of supervised practice; (c) a condition requiring the disability worker to do, or refrain from doing, something in connection with the disability worker's practice; (d) a condition requiring the disability worker to practise in a specified manner; -- 105 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 94 Authorised by the Chief Parliamentary Counsel (e) a condition requiring the disability worker to report to a specified person at specified times about the disability worker's practice; (f) a condition requiring the disability worker not to employ, engage or recommend a specified person, or class of person. (4) If a panel decides to impose a condition on a registered disability worker's or disability student's registration, the panel must also decide a review period for the condition. (5) If a panel decides that a registered disability worker has an impairment which detrimentally affects the disability worker's capacity to practise in a safe manner, the panel may decide— (a) in the case of a health panel, to suspend the registered disability worker's registration; or (b) in the case of a professional standards panel, to caution or reprimand the registered disability worker. (6) If a health panel decides that a disability student has an impairment which detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner, the panel may decide to suspend the disability student's registration. (7) If a professional standards panel decides that a registered disability worker has behaved in a manner that constitutes unsatisfactory professional performance or unprofessional conduct, the panel may decide to caution or reprimand the disability worker. (8) If a health panel suspends a registered disability worker's or disability student's registration, the panel must decide a date (the reconsideration date) by which the suspension must be reconsidered by the health panel. -- 106 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 95 Authorised by the Chief Parliamentary Counsel (9) A decision by a panel that a registered disability worker has no case to answer in relation to a matter does not prevent the Board or an adjudication body taking the matter into consideration at a later time as part of a pattern of conduct or practice by the disability worker. 114 Decision of panel after reconsideration of suspension If the suspension of a registered disability worker's or disability student's registration is reconsidered by a health panel, the panel may— (a) revoke the suspension; or (b) revoke the suspension, impose a condition under section 113(3) and decide a review period for the condition under section 113(4); or (c) not revoke the suspension and decide a new reconsideration date. 115 Change of reconsideration date for suspension of registration (1) This section applies if the suspension of a registered disability worker's or disability student's registration is to be reconsidered by a health panel on a reconsideration date. (2) The panel may decide an earlier reconsideration date if— (a) the registered disability worker or disability student advises the health panel of a material change in the registered disability worker's or disability student's circumstances and requests an earlier reconsideration date because of the change; and (b) the health panel is reasonably satisfied that an earlier reconsideration date is necessary because of the change in circumstances. -- 107 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 96 Authorised by the Chief Parliamentary Counsel (3) For the purposes of subsection (2), the health panel must give the registered disability worker or disability student written notice of— (a) if the health panel decides an earlier reconsideration date, the earlier date; or (b) if the health panel decides to refuse the request for an earlier reconsideration date, the panel's decision and the reasons for the decision. (4) The health panel may decide a later reconsideration date if the panel is reasonably satisfied it is necessary to enable the panel to reconsider the suspension. Example The health panel may be reasonably satisfied a later reconsideration date may be decided if— (a) the registered disability worker or disability student is required for a hearing and cannot attend because of illness; or (b) the panel requires extra time to consider further evidence supplied by the registered disability worker or disability student; or (c) extra time is required to appoint a panel member for a panel member who is ill. (5) If the health panel decides a later reconsideration date under subsection (4), the panel must give the registered disability worker or disability student written notice of the later reconsideration date and the reasons for the decision. (6) The suspension of the registered disability worker's or disability student's registration remains in force until the health panel makes a decision to revoke the suspension. -- 108 of 333 -- Part 8—Regulation of registered disability workers and disability students Disability Service Safeguards Act 2018 No. 38 of 2018 97 Authorised by the Chief Parliamentary Counsel 116 Notice to be given about panel's decision (1) As soon as practicable after making a decision under section 113 or 114, a panel must give notice of its decision to the Board. (2) The Board, within 30 days after the panel makes its decision, must give written notice of the decision to— (a) the registered disability worker or disability student who is the subject of the hearing; and (b) if the hearing related to a notification or complaint, the notifier or the complainant, as the case requires; and (c) the employer, if any, of the registered disability worker; and (d) in the case of a disability student, the education provider. (3) The notice given to the registered disability worker or disability student must state the following— (a) the decision made by the panel; (b) the reasons for the decision; (c) that the registered disability worker or disability student may apply for review of the decision; (d) how an application for review may be made and the period within which the application must be made. (4) A notice given to a notifier or a complainant may include the reasons for the decision. -- 109 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 98 Authorised by the Chief Parliamentary Counsel Part 9—Regulation of unregistered disability workers Division 1—Approved codes of conduct for unregistered disability workers 117 Minister to consult in relation to approved code of conduct Before a code of conduct is prescribed for the purposes of this Act, the Minister must consult the Board and the Commission and have regard to the NDIS Code of Conduct, within the meaning of the NDIS Act. 118 Unregistered disability workers to comply with approved code of conduct An unregistered disability worker must comply with an approved code of conduct. Division 2—Investigation by Commission in relation to unregistered disability workers 119 Investigation of complaints by Commission (1) The Commission may conduct an investigation of a complaint or notification in relation to an unregistered disability worker if the Commission reasonably believes that the subject matter of the complaint or notification indicates that— (a) there may have been a failure by the disability worker to comply with an approved code of conduct; or (b) the disability worker— (i) has been refused an NDIS worker screening check clearance by an NDIS screening agency; or -- 110 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 99 Authorised by the Chief Parliamentary Counsel (ii) has had an NDIS worker screening check clearance suspended or revoked by an NDIS worker screening agency; or (iii) has committed a prescribed offence; or (iv) is the subject of an interim bar in relation to an NDIS worker screening check clearance; or (v) is the subject of a banning order issued under section 73ZN of the NDIS Act or a prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act. (2) If the Commission decides to investigate a complaint or notification, the Commission must direct an authorised officer to conduct the investigation. (3) The Commission must ensure that an authorised officer directed to conduct an investigation does so as quickly as practicable, having regard to the nature of the matter to be investigated. 120 Investigation of matter referred by Minister (1) The Minister may refer to the Commission for investigation any matter in relation to which a complaint or notification about an unregistered disability worker is made under this Act. (2) The Commission may investigate a matter referred under subsection (1). 121 Power of Commission to conduct a Commission initiated investigation The Commission, on the Commission's initiative, may conduct an investigation in relation to any matter if— -- 111 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 100 Authorised by the Chief Parliamentary Counsel (a) the matter indicates that there may have been a failure by an unregistered disability worker to comply with an approved code of conduct; or (b) the matter relates to an unregistered disability worker who— (i) has been refused an NDIS worker screening check clearance by an NDIS screening agency; or (ii) has had an NDIS worker screening check clearance suspended or revoked by an NDIS worker screening agency; or (iii) has committed a prescribed offence; or (iv) is the subject of an interim bar in relation to an NDIS worker screening check clearance; or (v) is the subject of a banning order issued under section 73ZN of the NDIS Act or a prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act. 122 Notice of investigation under this Division If the Commission has decided to conduct an investigation under section 119, 120 or 121, the Commission must give as soon as practicable to the unregistered disability worker— (a) a written notice of the investigation; and (b) a description of the matter being investigated. -- 112 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 101 Authorised by the Chief Parliamentary Counsel 123 Commission's report on an investigation under this Division (1) On completing an investigation under this Division, the Commission must prepare a written report of the investigation. (2) In the report the Commission must set out— (a) for an investigation referred to in section 119, a description of the complaint or notification and any settlement of the complaint; and (b) for an investigation referred to in section 120, a description of the matter referred by the Minister; and (c) for an investigation referred to in section 121, a description of the matter investigated; and (d) any findings in relation to the investigation; and (e) any recommended action that the unregistered disability worker should take to address the findings, and the time within which the action should be taken; and (f) the time within which the unregistered disability worker must give a written response to the report to the Commission; and (g) if so requested by a person who made any submission in the investigation under this Division or against whom the Commission has made an adverse decision, a summary of the submissions made in relation to that decision. -- 113 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 102 Authorised by the Chief Parliamentary Counsel 124 Persons to whom report on an investigation under this Division is given (1) The Commission must— (a) give the investigation report to the unregistered disability worker; or (b) if there is more than one disability worker, give that part of the report that relates to each unregistered disability worker to that disability worker. (2) Despite subsection (1), the Commission is not required to give an unregistered disability worker an investigation report, or part of an investigation report, if the Commission reasonably believes doing so would— (a) prejudice future action that the Commission may take under this Act; or (b) place at risk a person's health or safety or place a person at risk of intimidation or harassment. (3) The Commission may— (a) give all or part of the investigation report to the Australian Health Practitioner Regulation Agency and any relevant National Board, within the meaning of the Health Practitioner National Law, if the investigation report is relevant to the administration of the Health Practitioner Regulation National Law; and (b) give all or part of the investigation report to any of the following— (i) the NDIS Quality and Safeguards Commission; (ii) a health complaints entity; -- 114 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 103 Authorised by the Chief Parliamentary Counsel (iii) any other appropriate entity for the purpose of investigation or regulation; and (c) give all or part of the investigation report to an employer of the unregistered disability worker, if the investigation report is relevant to the unregistered disability worker's employment by that employer; and (d) give all or part of the investigation report to a person who engages the unregistered disability worker, if the investigation report is relevant to the disability worker's engagement by that person; and (e) give all or part of the investigation report to the Secretary. (4) For an investigation referred to in section 119, the Commission may— (a) give all or part of the investigation report to the complainant or notifier, as the case requires; and (b) if the person who received or sought the disability service is not the complainant or notifier, give all or part of the investigation report to that person if that person has agreed to be notified about the outcome of the complaint or notification. (5) For an investigation referred to in section 120, the Commissioner must give the investigation report to the Minister. 125 Response by unregistered disability worker An unregistered disability worker who receives an investigation report under section 124 setting out recommendations that apply to the disability worker must not, without reasonable excuse, fail to give a written response to that investigation -- 115 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 104 Authorised by the Chief Parliamentary Counsel report to the Commission, within the time set out in the investigation report, which— (a) states the action that has been taken to implement the recommendations; and (b) if a recommendation has not been implemented, gives a reason why the recommendation has not been implemented and sets out a plan— (i) to implement the recommendation; or (ii) to address the issue dealt with in the recommendation. Penalty: 60 penalty units. 126 Principles applying to all investigations In an investigation under this Division, the Commission— (a) may carry out any inquiries into the subject matter of the investigation that the Commission believes are necessary; and (b) must act as expeditiously and with as little formality as is reasonably possible; and (c) is bound by the rules of natural justice; and (d) is not bound by the rules of evidence; and (e) before making a decision affecting a person, must give the person an opportunity to make submissions to the Commission about the decision. 127 Requirements For the purposes of carrying out an investigation, the Commission— (a) may take oral or written submissions; and -- 116 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 105 Authorised by the Chief Parliamentary Counsel (b) must keep a record of all submissions and evidence given before the Commission and decisions made by the Commission. 128 Expert assistance (1) For the purpose of conducting an investigation or performing any other function under this Act, the Commission may obtain a report from a person (including a registered disability worker) who, in the opinion of the Commission, is sufficiently qualified or experienced to give expert advice on the subject matter of the complaint or notification. (2) The Commission must provide the person from whom the report is sought with all relevant information about the complaint or notification being investigated that is in the Commission's possession. (3) A report referred to in subsection (1)— (a) may be used by the Commission for the purpose of dealing with a complaint or notification made under this Act; and (b) may be used by the Board for the purpose of dealing with a complaint or notification under this Act if the disability worker who is the subject of the report subsequently is registered under this Act. 129 Action to be taken after investigation ends At the end of an investigation under this Division— (a) the Commission may— (i) counsel the unregistered disability worker on the subject matter of the investigation; or (ii) decide to take no further action in relation to the investigation; or -- 117 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 106 Authorised by the Chief Parliamentary Counsel (iii) refer the subject matter of the investigation to the Commissioner to enable a prohibition order to be made; (iv) refer the subject matter of the investigation to the NDIS Quality and Safeguards Commission or any other appropriate entity for investigation or other action; and (b) the Commissioner may decide to make a prohibition order in relation to the unregistered disability worker. Division 3—Interim prohibition orders and prohibition orders 130 Commissioner may make interim prohibition order Subject to section 131, before or during the course of conducting an investigation under Division 2, the Commissioner may make an interim prohibition order— (a) prohibiting the unregistered disability worker from providing all disability services or specified disability services for up to 12 weeks; or (b) imposing conditions that the Commissioner is satisfied are appropriate on the provision of disability services by the unregistered disability worker for up to 12 weeks. (2) An interim prohibition order takes effect on the date specified in the order, being a date after the publication of information in relation to the order required under section 135. (3) As soon as practicable after the interim prohibition order is made, the Commissioner must serve a written copy of the interim prohibition order on the unregistered disability -- 118 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 107 Authorised by the Chief Parliamentary Counsel worker to whom it applies and must include a statement setting out the grounds on which the order is made. (4) If the Commissioner reasonably believes that the unregistered disability worker to whom the interim prohibition order applies provides, or may provide, health services (within the meaning of the Health Complaints Act 2016), the Commissioner must give the Health Complaints Commissioner— (a) a copy of the interim prohibition order; and (b) a copy of any relevant investigation report referred to in section 123; and (c) a notice setting out the grounds referred to in section 131 in relation to which the interim prohibition order was made; and (d) any other information relevant to the Commissioner being satisfied as to the serious risk referred to in section 131. 131 Grounds on which interim prohibition order may be made The Commissioner may make an interim prohibition order if the Commissioner is satisfied that it is necessary to make the order to avoid a serious risk to the life, health, safety or welfare of a person or the health, safety or welfare of the public and one or more of the following grounds exists— (a) the Commissioner reasonably believes that the unregistered disability worker has contravened an approved code of conduct; (b) the unregistered disability worker has been convicted or found guilty of a prescribed offence; -- 119 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 108 Authorised by the Chief Parliamentary Counsel (c) the unregistered disability worker has been refused an NDIS worker screening check clearance or has had an NDIS worker screening check clearance suspended or revoked by an NDIS worker screening agency; (d) the unregistered disability worker is the subject of an interim bar in relation to an NDIS worker screening check clearance; or (e) the disability worker is the subject of a prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act or a banning order issued under section 73ZN of the NDIS Act. 132 Commissioner may make prohibition order (1) Subject to section 133, after conducting an investigation about an unregistered disability worker, the Commissioner may make a prohibition order— (a) prohibiting the disability worker from providing all disability services or specified disability services, for a specified period or permanently; or (b) imposing conditions that the Commissioner is satisfied are appropriate on the provision of disability services by the disability worker, either permanently or for the period specified by the Commissioner in the order. (2) A prohibition order takes effect on the date specified in the order, being a date after the publication of information in relation to the order required under section 135. -- 120 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 109 Authorised by the Chief Parliamentary Counsel (3) As soon as practicable after the prohibition order is made, the Commissioner must serve a written copy of the prohibition order on the unregistered disability worker to whom it applies and must include a statement setting out the grounds on which the order is made. (4) If the Commissioner reasonably believes that the unregistered disability worker to whom the prohibition order applies provides, or may provide, health services (within the meaning of the Health Complaints Act 2016), the Commissioner must give the Health Complaints Commissioner— (i) a copy of the prohibition order; and (ii) a copy of any relevant investigation report referred to in section 123; and (iii) a notice setting out the grounds referred to in section 133 in relation to which the prohibition order was made; and (iv) any other information relevant to the Commissioner being satisfied as to the serious risk referred to in section 133. 133 Grounds on which prohibition order may be made The Commissioner may make a prohibition order if the Commissioner is satisfied that it is necessary to make the order to avoid a serious risk to the life, health, safety or welfare of a person or the health, safety or welfare of the public and one or more of the following grounds exists— (a) the Commissioner reasonably believes that the unregistered disability worker has contravened an approved code of conduct; (b) the unregistered disability worker has been convicted or found guilty of a prescribed offence; -- 121 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 110 Authorised by the Chief Parliamentary Counsel (c) the unregistered disability worker has been refused an NDIS worker screening check clearance; (d) the unregistered disability worker's NDIS worker screening check clearance has been suspended or revoked; (e) the unregistered disability worker is the subject of an interim bar in relation to an NDIS worker screening check clearance; or (f) the unregistered disability worker is the subject of a prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act or a banning order issued under section 73ZN of the NDIS Act. 134 Show cause process (1) If the Commissioner proposes to make a prohibition order in relation to an unregistered disability worker, the Commissioner— (a) must give the disability worker written notice of the proposed order; and (b) must invite the disability worker to make a written or verbal submission to the Commissioner, within the reasonable time stated in the notice, about the proposed order. (2) After considering any submission made by the unregistered disability worker in accordance with subsection (1), the Commissioner must decide whether— (a) to take no action in relation to the matter; or (b) to make the prohibition order. -- 122 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 111 Authorised by the Chief Parliamentary Counsel 135 Publication of information as to interim prohibition orders and prohibition orders As soon as practicable after an interim prohibition order or prohibition order is made, the Commissioner must publish in the Government Gazette and on the Commission's Internet site notice of the order, including— (a) the name of the unregistered disability worker to whom the order applies; and (b) the effect of the order; and (c) any conditions set out in the order, if the Commission is satisfied that it is in the public interest to do so; and (d) the date on which the order takes effect; and (e) the date, if any, on which the order expires. 136 Variation of prohibition order (1) The Commissioner, by order, must vary an interim prohibition order or a prohibition order if the Commissioner is satisfied that the restrictions contained in the order should be reduced. (2) An order under subsection (1) varying an interim prohibition order or a prohibition order must set out— (a) the name of the unregistered disability worker to whom the order applies; and (b) when variation takes effect under subsection (4); and (c) the nature of the variation. (3) As soon as practicable after making an order under subsection (1), the Commissioner must— (a) serve a copy of the order on the unregistered disability worker to whom it applies; and -- 123 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 112 Authorised by the Chief Parliamentary Counsel (b) publish the order in the Government Gazette and on the Commission's Internet site. (4) An order under this section takes effect on the date specified in the order, being a date after the publication of the order required under subsection (3). 137 Revocation of interim prohibition orders and prohibition orders (1) The Commissioner must revoke by order an interim prohibition order or a prohibition order if the Commissioner is satisfied that the interim prohibition order or prohibition order is no longer required to avoid a serious risk to— (a) the life, health, safety or welfare of a person; or (b) the health, safety or welfare of the public. (2) A revocation order made under subsection (1) must— (a) set out the name of the unregistered disability worker; and (b) set out the date on which the order takes effect under subsection (4); and (c) advise the public— (i) that the serious risk no longer exists; and (ii) of the reason why the interim prohibition order or prohibition order is revoked. (3) As soon as practicable after making a revocation order under subsection (1), the Commissioner must— (a) serve a copy of the order on the unregistered disability worker to whom it applies; and -- 124 of 333 -- Part 9—Regulation of unregistered disability workers Disability Service Safeguards Act 2018 No. 38 of 2018 113 Authorised by the Chief Parliamentary Counsel (b) publish the order in the Government Gazette and on the Internet site of the Commission. (4) A revocation order takes effect on the date specified in the order, being a date after the publication of the order required under subsection (3). -- 125 of 333 -- Part 10—Registration standards and guidelines and accreditation Disability Service Safeguards Act 2018 No. 38 of 2018 114 Authorised by the Chief Parliamentary Counsel Part 10—Registration standards and guidelines and accreditation Division 1—Registration standards and guidelines 138 Board may develop registration standards The Board may develop one or more registration standards about the following matters— (a) requirements for professional indemnity insurance arrangements for registered disability workers; (b) matters about the criminal history of applicants for registration and of registered disability workers and disability students, including the matters to be considered in deciding whether an individual's criminal history is relevant to practise as a disability worker; (c) requirements in relation to continuing professional development for registered disability workers; (d) requirements about the English language skills for registered disability workers; (e) requirements in relation to the nature, extent, period and recency of any previous practice experience by applicants for registration; (f) the physical and mental health of— (i) applicants for registration; and (ii) registered disability workers and disability students; (g) the scope of practice of registered disability workers; -- 126 of 333 -- Part 10—Registration standards and guidelines and accreditation Disability Service Safeguards Act 2018 No. 38 of 2018 115 Authorised by the Chief Parliamentary Counsel (h) any other issue relevant to the eligibility of individuals for registration as disability workers or the capacity of individuals to practise competently and safely as disability workers. 139 Board may develop guidelines The Board may develop guidelines that provide guidance to registered disability workers in relation to accepted standards to be met in the practice of the disability worker profession. 140 Consultation (1) During the course of developing a registration standard or guideline under this Division, the Board must— (a) publish the proposed standard or guideline on its Internet site; and (b) ensure that there is wide-ranging consultation about the contents of the proposed registration standard or guideline within the disability sector, including but not limited to— (i) persons with a disability, their families and carers and any organisation representing them; and (ii) disability workers and any organisation representing them; and (iii) disability service providers and any organisation representing them. (2) A contravention of subsection (1) does not invalidate a registration standard or a guideline. 141 Approval of registration standards and guidelines (1) The Board must submit a proposed registration standard or proposed guideline for approval by the Minister if it relates to— -- 127 of 333 -- Part 10—Registration standards and guidelines and accreditation Disability Service Safeguards Act 2018 No. 38 of 2018 116 Authorised by the Chief Parliamentary Counsel (a) qualifications, supervised practice, examinations for registration or the scope of practice of registered disability workers; or (b) matters that may have a substantive adverse impact on the recruitment or supply of the disability workforce. (2) The Minister may approve a registration standard or guideline referred to in subsection (1) if its approval is recommended by the Board. 142 Minister may give policy directions or request review (1) The Minister may give policy directions to the Board about the policies to be applied by the Board in exercising its functions under this Act, including, but not limited to, consideration of proposed registration standards or guidelines submitted under section 141 for approval. (2) The Board must comply with a policy direction given to it by the Minster under this section. (3) The Minister may ask the Board to review an approved or proposed registration standard or guideline. 143 Publication and commencement of registration standards and guidelines (1) Subject to subsection (2), a registration standard or a guideline takes effect— (a) on the day on which it is published on the Board's Internet site; or (b) if a later day is stated in the registration standard or guideline that is published on the Board's Internet site, on that day. -- 128 of 333 -- Part 10—Registration standards and guidelines and accreditation Disability Service Safeguards Act 2018 No. 38 of 2018 117 Authorised by the Chief Parliamentary Counsel (2) A registration standard or guideline that requires the approval of the Minister does not take effect in accordance with subsection (1) unless the Minister has approved it before publication. 144 Use of registration standards and guidelines in disciplinary proceedings A published registration standard or guideline is admissible in a proceeding under this Act against a registered disability worker as evidence of what constitutes appropriate professional conduct or practice. Division 2—Accreditation 145 Board may develop accreditation standards The Board may develop one or more accreditation standards about the following matters— (a) the assessment of programs of study and the education providers providing those programs of study for the purpose of determining whether the programs meet approved accreditation standards; (b) the assessment of authorities in other jurisdictions who conduct examinations for registration in relation to disability workers or who accredit programs of study relevant to the registration of disability workers for the purpose of deciding whether persons who successfully complete those examinations or programs of study have the knowledge, skills and attributes necessary to be registered as disability workers in Victoria; (c) the assessment of the knowledge, skills and attributes of overseas qualified disability workers who seek registration under this Act and whose qualifications do not meet approved accreditation standards. -- 129 of 333 -- Part 10—Registration standards and guidelines and accreditation Disability Service Safeguards Act 2018 No. 38 of 2018 118 Authorised by the Chief Parliamentary Counsel 146 Consultation about accreditation standards (1) During the course of developing an accreditation standard, the Board must— (a) publish the proposed accreditation standard on its Internet site; and (b) ensure that there is wide-ranging consultation within the disability sector, (including about the contents of the proposed accreditation standard including, but not limited to— (i) Commonwealth and Victorian entities that have functions related to the regulation of disability workers or the training of the disability workforce; and (ii) persons with a disability, their families and carers and any organisation representing them; and (iii) disability workers and any organisation representing them; and (iv) disability service providers and any organisation representing them. (2) A contravention of subsection (1) does not invalidate an accreditation standard. 147 Approval of accreditation standards (1) The Board must submit a proposed accreditation standard for approval by the Minister if it relates to— (a) qualifications, supervised practice, examinations for registration or the scope of practice of registered disability workers; or (b) matters that may have a substantive adverse impact on the recruitment or supply of the disability workforce. -- 130 of 333 -- Part 10—Registration standards and guidelines and accreditation Disability Service Safeguards Act 2018 No. 38 of 2018 119 Authorised by the Chief Parliamentary Counsel (2) The Minister may approve an accreditation standard referred to in subsection (1) if its approval is recommended by the Board. 148 Publication and commencement of accreditation standards (1) Subject to subsection (2), an approved accreditation standard takes effect— (a) on the day on which it is published on the Board's Internet site; or (b) if a later day is stated in the accreditation standard that is published on the Board's Internet site, on that day. (2) An accreditation standard that requires the approval of the Minister does not take effect in accordance with subsection (1) unless the Minister has approved it before publication. 149 Approval of programs of study (1) The Board may approve a program of study that meets an approved accreditation standard as providing a qualification for the purposes of registration or for the purposes of the endorsement of registration. (2) An approval under subsection (1) may be given subject to any condition that the Board considers necessary or desirable in the circumstances. (3) The Board must publish on its Internet site a list of the programs of study (together with the name of the education provider that provides each approved program of study) that are approved by the Board as providing a qualification for registration as a disability worker or disability student. (4) An approval of a program of study does not take effect until the program of study is included in the list published under subsection (3). -- 131 of 333 -- Part 10—Registration standards and guidelines and accreditation Disability Service Safeguards Act 2018 No. 38 of 2018 120 Authorised by the Chief Parliamentary Counsel 150 Revocation of approval of program of study If the Board reasonably believes that a program of study no longer meets the standards required by the Board for the purposes of an approved qualification for registration or endorsement of registration, the Board may revoke its approval. -- 132 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 121 Authorised by the Chief Parliamentary Counsel Part 11—Registration and endorsement Division 1—Application for registration 151 Application for registration (1) An individual may apply to the Board for one of the following types of registration as a disability worker— (a) general registration; (b) limited registration; (c) non-practising registration. (2) An application must— (a) be in the form approved by the Board; and (b) be accompanied by— (i) the relevant fee, in the case of an application for registration as a disability worker; and (ii) proof of the applicant's identity; and (iii) any other information reasonably required by the Board. (3) Without limiting subsection (2)(a), a form approved by the Board for the purposes of that subsection must require an applicant— (a) to provide a declaration about— (i) the address from which the applicant intends predominantly to practise as a disability worker; or (ii) if the applicant will not practise as a disability worker predominantly from one address, the address that is the applicant's principal place of residence; and -- 133 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 122 Authorised by the Chief Parliamentary Counsel (b) to provide an address to be used by the Board in corresponding with the applicant; and (c) to disclose the applicant's criminal history; and (d) to authorise the Board to obtain the applicant's criminal history. (4) A criminal history law does not apply to the requirement under subsection (3)(c) for the applicant to disclose the applicant's criminal history. 152 Board must check applicant's criminal history Before deciding about an application for registration, the Board must check the applicant's criminal history in accordance with section 256. 153 Board's other powers before determining application for registration (1) Before determining an application for registration, the Board— (a) may investigate the applicant; and Example The Board may ask an entity that issued qualifications that the applicant believes qualifies the applicant for registration for confirmation that the qualification was issued to the applicant. (b) by written notice given to the applicant— (i) may require the applicant to give the Board within a reasonable time stated in the notice, further information or a document that the Board reasonably requires to decide the application; and -- 134 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 123 Authorised by the Chief Parliamentary Counsel (ii) may require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; and (iii) subject to subsection (4), may require the applicant to undergo an examination or assessment, within a reasonable time stated in the notice and at a reasonable place, to assess the applicant's ability to practise as a disability worker; and (iv) subject to subsection (4), may require the applicant to undergo a health assessment, within a reasonable time stated in the notice and at a reasonable place. (2) The Board may require the applicant to verify by a statutory declaration the information or document referred to in subsection (1)(b). (3) If the Board requires an applicant to undertake an examination or assessment under subsection (1)(b) for the purpose of assessing the applicant's capacity to practise as a disability worker, the applicant must pay any relevant fee set by the Board. (4) A notice under subsection (1)(b)(iii) or (iv) must state— (a) the reason for the examination or assessment; and (b) the name and qualifications of the person appointed by the Board to conduct the examination or assessment; and -- 135 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 124 Authorised by the Chief Parliamentary Counsel (c) the place where, and the day and time at which, the examination or assessment is to be conducted. (5) The applicant is taken to have withdrawn the application if the applicant does not comply with a requirement made under subsection (1) within the stated time. Division 2—General registration as a disability worker 154 Eligibility for general registration (1) An individual is eligible for general registration as a disability worker if— (a) the individual is qualified for general registration; and Note Section 155 set out the qualifications for general registration. (b) the individual has completed successfully— (i) all periods of supervised practice as a disability worker in accordance with the relevant approved registration standard; or (ii) all examinations and assessments required by the relevant approved registration standard for the purpose of assessing the individual's ability to practise competently and safely as a disability worker; and -- 136 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 125 Authorised by the Chief Parliamentary Counsel (c) the Board decides that the individual is a suitable person to hold general registration; and Note Section 156 sets out the circumstances in which the Board may decide that an individual is not a suitable person to hold general registration. (d) the individual is not disqualified under this Act from applying for registration or from being registered; and (e) the individual meets all other requirements for registration stated in the relevant approved registration standard. (2) Without limiting subsection (1), the Board may decide that the individual is eligible for general registration by imposing a condition on the registration under section 172. 155 Qualifications for general registration An individual is qualified for general registration if— (a) the individual holds an approved qualification; or (b) the individual holds a qualification which the Board considers to be substantially equivalent to, or based on similar competencies to, an approved qualification; or (c) the individual holds a combination of qualifications or relevant experience or both that satisfies the Board that the individual has appropriate skills to practise as a disability worker with general registration. -- 137 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 126 Authorised by the Chief Parliamentary Counsel 156 Unsuitability to hold general registration The Board may decide that an individual is not a suitable person to hold general registration if— (a) the individual has an impairment that detrimentally affects the individual's capacity to practise as a disability worker in a safe manner; or (b) having regard to the individual's criminal history to the extent that it is relevant, the individual is not an appropriate person to practise as a disability worker and it is not in the public interest for the individual to practise as a disability worker; or (c) the individual's competency in speaking or otherwise communicating in English is not sufficient for the individual to practise as a disability worker; or (d) the individual's registration as a disability worker (however described) or as another type of health practitioner in another jurisdiction is suspended or cancelled on a ground for which an adjudication body could suspend or cancel the individual's registration in Victoria; or (e) the individual is subject to a prohibition or banning order under a law of the Commonwealth or a State or Territory in relation to the provision of health services or disability services or other services involving the care of children; or (f) the nature, extent, period and recency of any previous practice as a disability worker by the individual is not sufficient to meet the requirements specified in a relevant approved registration standard; or -- 138 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 127 Authorised by the Chief Parliamentary Counsel (g) the individual fails to meet any other requirement in a relevant approved registration standard about the suitability of individuals to be registered as disability workers or the ability to practise as a disability worker in a competent and safe manner; or (h) in the Board's opinion, taking into account any other factors, the individual— (i) is not a fit and proper person for registration as a disability worker; or (ii) is unable to practise as a disability worker in a competent and safe manner. 157 Period of general registration (1) The period of registration that applies to a disability worker to whom general registration is granted is the period (the registration period), not more than 12 months, decided by the Board and published on the Board's Internet site. (2) If the Board grants general registration to a disability worker during a registration period, the registration of that disability worker— (a) starts when the Board grants registration; and (b) expires at the end of the last day of the registration period. Division 3—Limited registration as disability worker 158 Eligibility for limited registration (1) An individual is eligible for limited registration if— (a) the individual is not qualified for general registration under Division 2; and -- 139 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 128 Authorised by the Chief Parliamentary Counsel (b) the individual is qualified for limited registration under section 160(2), 161(2), 162(2) or 163(2), as the case requires; and (c) the Board decides that the individual is a suitable person to hold limited registration; and (d) the individual is not disqualified under this Act from applying for registration or from being registered; and (e) the individual meets all other requirements for registration stated in a relevant approved registration standard. (2) Without limiting subsection (1), the Board may decide that the individual is eligible for limited registration by imposing a condition on the registration under section 172. 159 Unsuitability to hold limited registration The Board may decide that an individual is not a suitable person to hold limited registration if— (a) the individual has an impairment that detrimentally affects the individual's capacity to practise as a disability worker in a safe manner; or (b) having regard to the individual's criminal history to the extent that it is relevant, the individual is not an appropriate person to practise as a disability worker and it is not in the public interest for the individual to practise as a disability worker; or (c) the individual's competency in speaking or otherwise communicating in English is not sufficient for the individual to practise as a disability worker; or -- 140 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 129 Authorised by the Chief Parliamentary Counsel (d) the individual's registration as a disability worker (however described) or as another type of health practitioner in another jurisdiction is suspended or cancelled on a ground for which an adjudication body could suspend or cancel the individual's registration in Victoria; or (e) the individual is subject to a prohibition or banning order under a law of the Commonwealth or a State or Territory in relation to the provision of health services or disability services or other services involving the care of children; or (f) the nature, extent, period and recency of any previous practice as a disability worker by the individual is not sufficient to meet the requirements specified in a relevant approved registration standard; or (g) the individual fails to meet any other requirement in a relevant approved registration standard about the suitability of individuals to be registered as disability workers or the ability to practise as a disability worker in a competent and safe manner; or (h) in the Board's opinion, taking into account any other factors, the individual— (i) is not a fit and proper person for registration as a disability worker; or (ii) is unable to practise as a disability worker in a competent and safe manner. -- 141 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 130 Authorised by the Chief Parliamentary Counsel 160 Limited registration for training or supervised practice as a disability worker (1) An individual may apply for limited registration to enable the individual— (a) to undertake a period of training or supervised practice as a disability worker; or (b) to undertake an assessment; or (c) to sit an examination that is approved by the Board. (2) An individual is qualified for limited registration for a purpose set out in subsection (1) if the Board is satisfied that the individual has completed a qualification that is relevant to, and suitable for, the training, the supervised practice as a disability worker or an assessment or examination referred to in subsection (1), as the case requires. 161 Limited registration for area of need (1) An individual may apply for limited registration to enable the individual to practise as a disability worker in an area of need determined by the Minister under subsection (5). (2) An individual is qualified for limited registration for the purpose set out in subsection (1) if the Board is satisfied that the individual's qualifications and experience are relevant to, and suitable for, practising as a disability worker in the area of need. (3) The Board must consider the application but is not required to register the individual merely because there is an area of need. (4) If the Board grants the individual limited registration to enable the individual to practise as a disability worker in the area of need, the individual must not practise as a disability worker -- 142 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 131 Authorised by the Chief Parliamentary Counsel other than in the area of need specified in the individual's certificate of registration. (5) The Minister may determine that there is an area of need in Victoria, or in a part of Victoria, if the Minister considers there are insufficient disability workers practising in Victoria or that part of Victoria to meet the needs of persons living in Victoria or that part of Victoria. (6) If the Minister determines under subsection (5) that there is an area of need, the Minister must give the Board written notice of the determination. (7) The Minister may delegate the Minister's power under this section to a person who has the qualifications, experience or standing appropriate to the exercise of the power. 162 Limited registration in public interest (1) An individual may apply for limited registration to enable the individual to practise as a disability worker for a limited time or in a limited scope. (2) An individual is qualified for limited registration for the purpose set out in subsection (1) if the Board is satisfied that it is in the public interest for an individual with the individual's qualifications and experience to practise as a disability worker for that limited time or in that limited scope. 163 Limited registration for teaching or research (1) An individual may apply for limited registration to enable the individual to fill a teaching or research position. (2) The individual is qualified for limited registration for the purpose set out in subsection (1) if the Board is satisfied that the individual's qualifications are relevant to, and suitable for, the teaching or research position. -- 143 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 132 Authorised by the Chief Parliamentary Counsel 164 Limited registration not to be held for more than one purpose An individual is not entitled to hold limited registration for more than one purpose referred to in this Division at the same time. 165 Period of limited registration (1) The period of registration that applies to a disability worker to whom limited registration is granted is the period (the registration period), not more than 12 months, decided by the Board and published on the Board's Internet site. (2) If the Board grants limited registration to a disability worker during a registration period, the registration of that disability worker— (a) starts when the Board grants registration; and (b) expires at the end of the last day of the registration period. Division 4—Non-practising registration as a disability worker 166 Eligibility for non-practising registration An individual is eligible for non-practising registration if— (a) the individual holds or has held general registration under this Act; and (b) the Board decides that the individual is a suitable person to hold non-practising registration under this Act. -- 144 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 133 Authorised by the Chief Parliamentary Counsel 167 Unsuitability to hold non-practising registration The Board may decide that an individual is not a suitable person to hold non-practising registration if— (a) having regard to the individual's criminal history to the extent that is relevant, the individual is not a fit and proper person to hold non-practising registration; or (b) taking into account any other circumstances, the individual is not a fit and proper person to hold non-practising registration. 168 Person holding non-practising registration must not practise as a disability worker (1) A person who holds non-practising registration must not practise as a disability worker. (2) A contravention of subsection (1) may constitute behaviour for which health, conduct or performance action may be taken. 169 Period of non-practising registration (1) The period of registration that applies to a disability worker to whom non-practising registration is granted is the period (the registration period), not more than 12 months, decided by the Board and published on the Board's Internet site. (2) If the Board grants non-practising registration to a disability worker during a registration period, the registration of that disability worker— (a) starts when the Board grants registration; and (b) expires at the end of the last day of the registration period. -- 145 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 134 Authorised by the Chief Parliamentary Counsel Division 5—Decision about application for registration 170 Applicant may make submissions about proposed refusal of application or imposition of condition (1) If, after considering an application for registration, the Board proposes to refuse registration or to grant registration subject to a condition, the Board must give the applicant written notice of the Board's proposed actions. (2) The notice must— (a) state the reasons for the Board's proposed actions; and (b) invite the applicant to make a written or verbal submission to the Board before the date stated in the notice, being a date not less than 30 days after the day on which the notice is given. 171 Decision about application for registration After considering an application for registration and any submission made under section 170, the Board— (a) must grant registration in the division of the Register for which the application was made if the applicant is eligible to be registered in that division and must grant— (i) the type of registration for which the application was made if the applicant is eligible for that type of registration; or (ii) a type of registration other than the type of registration for which the application was made if the applicant is eligible for that other type of registration; or -- 146 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 135 Authorised by the Chief Parliamentary Counsel (b) must refuse to grant registration if— (i) the applicant is ineligible for registration; or (ii) the applicant sought to rely on information or a document given to the Board in relation to the application and that information or document was false or misleading in a material particular. 172 Conditions of registration (1) If the Board registers a person, the registration is subject to any condition that the Board considers necessary or desirable in the circumstances. Note A failure by a registered disability worker to comply with a condition of the registration may constitute behaviour for which health, conduct or performance action may be taken. (2) If the Board registers the person subject to a condition, the Board must decide a review period for the condition. 173 Notice of decision to be given to applicant (1) Within 30 days after making a decision under section 171, the Board— (a) must give the applicant a written notice of the Board's decision; and (b) if the Board registers the applicant, must give the applicant a certificate of registration. (2) If the Board decides not to register the applicant, or to register the applicant for a type of registration, or in a division of the Register, other than that applied for, or subject to a condition, the notice must state— (a) the reasons for the decision; and (b) that the applicant may apply for review of the decision; and -- 147 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 136 Authorised by the Chief Parliamentary Counsel (c) how an application for review may be made and the period within which the application must be made. 174 Failure to decide application If the Board fails to decide an application for registration within 90 days after its receipt, or any longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse registration. Division 6—Endorsement of registration 175 Approval of areas of practice for purposes of endorsement The Minister may approve an area of practice for registered disability workers as an area of practice for which the registration of a disability worker may be endorsed if— (a) the Board has recommended to the Minister the area of practice; and (b) the Minister is satisfied that— (i) the endorsement is necessary for a disability worker to be authorised under another Act to carry out certain acts; or (ii) it is in the public interest to identify disability workers with additional training and competencies in the area of practice by endorsing their registration. 176 Notification and publication of directions and approvals A copy of any approval given to the Board by the Minister under section 175— (a) must be given to the chairperson of the Board; and -- 148 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 137 Authorised by the Chief Parliamentary Counsel (b) must be published by the Board on its Internet site as soon as practicable after being received by the chairperson. 177 Endorsement for approved area of practice (1) The Board, in accordance with an approval given by the Minister under section 175, may endorse the registration of a registered disability worker as being qualified to practise in an approved area of practice if the disability worker— (a) holds either of the following qualifications relevant to the endorsement— (i) an approved qualification; (ii) another qualification that, in the Board's opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and (b) complies with an approved registration standard relevant to the endorsement. (2) An endorsement under subsection (1) must state— (a) the approved area of practice to which the endorsement relates; and (b) any condition applicable to practising as a disability worker in the approved area of practice. 178 Application for endorsement (1) An individual (other than a disability student) may apply to the Board for endorsement of the individual's registration. (2) The application must be— (a) in the form approved by the Board; and (b) accompanied by the relevant fee; and -- 149 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 138 Authorised by the Chief Parliamentary Counsel (c) accompanied by any other information reasonably required by the Board. (3) For the purposes of subsection (2)(c), the information that the Board may require an applicant to provide includes and is not limited to— (a) evidence of the qualifications that the applicant believes qualifies the applicant for endorsement; and (b) evidence of successful completion of all periods of supervised practice as a disability worker required by a relevant approved registration standard; and (c) if the applicant is required to complete an examination or assessment set by or on behalf of the Board, evidence of the successful completion of the examination or assessment. 179 Board's other powers before deciding about application for endorsement (1) Before deciding about an application for endorsement, the Board— (a) may investigate the applicant; and Example The Board may ask an entity that issues qualifications that the applicant believes qualifies the applicant for endorsement for confirmation that the qualification was issued to the applicant. (b) by written notice to the applicant, may require the applicant— (i) to give the Board, within a reasonable time stated in the notice, further information or a document that the Board reasonably requires to decide the application; or -- 150 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 139 Authorised by the Chief Parliamentary Counsel (ii) to attend before the Board, within a reasonable time and at a reasonable place stated in the notice, to answer any questions of the Board relating to the application; or (iii) to undergo a written, oral or practical examination, within a reasonable time and at a reasonable place stated in the notice. (2) The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1). 180 Applicant may make submissions about proposed refusal of application for endorsement or imposition of condition on endorsement (1) If, after considering an application for endorsement of a registration, the Board proposes to refuse to endorse the applicant's registration or to endorse the applicant's registration subject to a condition, the Board must give the applicant written notice of the Board's proposed decision. (2) The notice must— (a) state the reasons for the Board's proposed decision; and (b) invite the applicant to make a written or verbal submission to the Board before the date stated in the notice, being a date not less than 30 days after the day on which the notice is given. 181 Decision about application for endorsement (1) After considering an application for endorsement and any submissions made in accordance with a notice under section 180, the Board must endorse, -- 151 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 140 Authorised by the Chief Parliamentary Counsel or refuse to endorse, the applicant's registration as sought. (2) Without limiting subsection (1), the Board may refuse to endorse an applicant's registration if— (a) the applicant is not qualified for the endorsement under section 177; or (b) the Board considers the applicant is not competent to practise as a disability worker in the area of practice in relation to which the endorsement is sought. 182 Conditions of endorsement (1) If the Board endorses the applicant's registration under section 177, the Board may impose on the endorsement any condition that the Board considers necessary or desirable in the circumstances. (2) If the Board imposes a condition on the endorsement, the Board must also decide a review period for the condition. 183 Notice of decision to be given to applicant (1) As soon as practicable after making a decision under section 177, the Board— (a) must give the applicant written notice of the Board's decision; and (b) if the Board decides to endorse the applicant's registration, give the applicant a new certificate of registration. (2) If the Board decides not to endorse the applicant's registration or decides to endorse the applicant's registration subject to a condition, the notice under subsection (1)(a) must state— (a) the reasons for the decision; and -- 152 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 141 Authorised by the Chief Parliamentary Counsel (b) that the applicant may apply for review of the decision; and (c) how an application for review may be made and the period within which the application must be made. 184 Period of endorsement If the Board decides to endorse a disability worker's registration, the endorsement— (a) starts when the Board endorses the registration; and (b) expires when the disability worker's registration ends. 185 Failure to decide application for endorsement If the Board fails to decide an application for endorsement within 90 days after its receipt, or any longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a refusal to endorse the applicant's registration. Division 7—Renewal of registration 186 Application for renewal of registration (1) A registered disability worker may apply to the Board for renewal of the disability worker's registration. (2) An application for renewal of a registration must be made not later than one month after the period of registration ends. (3) The application for renewal of registration— (a) must be in the form approved by the Board; and (b) must be accompanied by— (i) the relevant fee; and -- 153 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 142 Authorised by the Chief Parliamentary Counsel (ii) if the application for renewal is made after the period of registration ends, the relevant fee for a late application; and (iii) the annual statement in accordance with section 188; and (iv) any other information that is reasonably required by the Board. 187 Registration taken to continue in force (1) If a registered disability worker applies under section 186 to renew the disability worker's registration, the registration continues in force from the day it would, but for this section, have ended until— (a) if the Board renews the registration, the day on which a new certificate of registration is issued; or (b) if the Board refuses to renew the registration, the day on which the disability worker is given notice of the refusal. (2) If a registered disability worker does not apply to renew the disability worker's registration before the period of registration ends, the registration, including any endorsement of the registration, continues in force until— (a) the end of the day that is one month after the day on which the period of registration would, but for this section, have ended; or (b) if the disability worker applies for renewal of the registration not later than one month after the period of registration ends, the day referred to in subsection (1)(a) or (b), as the case requires. (3) Subsections (1) and (2) do not apply if the registration is cancelled earlier under this Act. -- 154 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 143 Authorised by the Chief Parliamentary Counsel 188 Annual statement (1) For the purposes of section 186(3)(b)(iii), an annual statement accompanying an application for renewal of registration must include— (a) a declaration by the applicant that the applicant— (i) does not have an impairment that detrimentally affects the applicant's capacity to practise as a disability worker in a safe manner; and (ii) has met any recency of practice requirements stated in a relevant approved registration standard; and (iii) has completed the continuing professional development that the applicant was required to undertake during the applicant's preceding period of registration in accordance with an approved registration standard; and (iv) has not practised as a disability worker during the preceding period of registration without appropriate professional indemnity insurance arrangements being in place; and (v) unless appropriate professional indemnity insurance arrangements are in place in relation to the applicant, if the applicant's registration is renewed, the applicant will not practise as a disability worker; and (b) details of any change in the applicant's criminal history that occurred during the applicant's preceding period of registration; and -- 155 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 144 Authorised by the Chief Parliamentary Counsel (c) details of any notifications or complaints made under this Act about the applicant to Board or the Commission; and (d) details of any notifications or complaints made about the applicant to— (i) the Health Complaints Commissioner; or (ii) the Mental Health Complaints Commissioner; or (iii) the Public Advocate; or (iv) any entity of the Commonwealth or another State or a Territory that is equivalent to an entity referred to in subparagraph (i), (ii) or (iii); or (v) the NDIS Quality and Safeguards Commission; or (vi) a registration authority within the meaning of the Health Practitioner Regulation National Law; or (vii) a prescribed body; and (e) any other information required by an approved registration standard. (2) Subsection (1)(a)(ii), (iii) and (iv), (c) and (d) do not apply to an applicant who is applying for the renewal of non-practising registration. 189 Board's powers before decision about application for renewal of registration Before deciding about an application for renewal of registration, the Board may exercise a power under section 153 as if the application for renewal were an application for registration made under section 151. -- 156 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 145 Authorised by the Chief Parliamentary Counsel 190 Applicant may make submissions about proposed refusal of application for renewal of registration or imposition of condition (1) If, after considering an application for renewal of registration, the Board proposes to refuse to renew the applicant's registration or to renew the applicant's registration subject to a new condition, the Board must give the applicant written notice of the proposal. (2) The notice must— (a) state the reasons for the proposal; and (b) invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day on which the notice is given to the applicant. 191 Decision about application for renewal of registration (1) After considering an application for renewal of registration and any submissions made in accordance with a notice under section 190, the Board may decide— (a) to renew the registration, subject to any condition that the Board considers necessary or desirable in the circumstances; or (a) to refuse to renew the registration on a ground referred to in subsection (2). (2) The Board may refuse to renew the applicant's registration on any of the following grounds— (a) if the application were for a grant of registration, the applicant would be ineligible for registration; -- 157 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 146 Authorised by the Chief Parliamentary Counsel (b) the applicant has not satisfied the Board of the applicant's continued competence to practise as a disability worker; (c) the applicant contravened any condition to which the applicant's previous registration was subject; (d) during the applicant's previous period of registration, the applicant failed to have appropriate professional indemnity insurance arrangements in place or failed to complete the continuing professional development required by a relevant approved registration standard; (e) a statement made by the applicant in the applicant's annual statement was false or misleading in a material particular; (f) the applicant sought to rely on information or a document given to the Board in relation to the application and that information or document was false or misleading in a material particular. (3) The Board must refuse to renew the applicant's registration if— (a) in the case of a person who holds general registration and who is registered in division 3 of the Register, the general registration has been renewed twice previously; or (b) in the case of a person who holds limited registration and who is registered in division 3 of the Register, the limited registration has been renewed thrice previously. (4) If the Board decides to renew an applicant's registration subject to a condition, the Board must decide a review period for the condition. -- 158 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 147 Authorised by the Chief Parliamentary Counsel (5) If the Board refuses to renew an applicant's registration or decides to renew the registration subject to a condition, within 30 days after making the decision, the Board must give the applicant a notice that states— (a) the Board's decision; and (b) the reasons for the decision; and (c) that the applicant may apply for review of the Board's decision; and (d) how an application for review may be made and the period within which the application must be made. 192 Period of renewed registration A registration renewed under this Part— (a) starts on the day immediately after the day on which the applicant's previous period of registration ends or ended; and (b) expires at the end of the day that is 12 months after the day it starts. Division 8—Disability student registration 193 Who may be registered as a disability student? (1) Subject to this Division, the Board may register as a disability student any person who is undertaking an approved program of study that is required by the Board for registration as a disability student. (2) Registration as a disability student may be— (a) for the entire period during which the person is enrolled in the approved program of study; or -- 159 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 148 Authorised by the Chief Parliamentary Counsel (b) for the period starting when the person began a particular part of the approved program of study and ending when the person completes, or otherwise ceases to be enrolled in, the program. 194 Board may ask education provider for list of persons undertaking approved program of study (1) For the purposes of registering persons as disability students, the Board, at any time by written notice given to an education provider, may ask the provider for the following— (a) the information referred to in section 250(2) about any person who is undertaking an approved program of study; (b) the information referred to in section 250(2) about any person who will be undertaking the part of the approved program of study. (2) An education provider who is given a notice under subsection (1) must not fail, without reasonable excuse, to comply with the notice. (3) If an education provider fails to comply with a notice under subsection (1), the Board may— (a) publish details of the failure to comply with the notice on the Board's Internet site; and (b) include a statement about the failure to comply with the notice in the Board's annual report. (4) If the Board proposes taking action under subsection (3), the Board must— (a) give the education provider notice of the proposed action; and (b) invite the education provider to make a submission to the Board, within 30 days after receipt of the notice. -- 160 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 149 Authorised by the Chief Parliamentary Counsel (5) A notice given to an education provider under subsection (3), and any submission made by the education provider in accordance with the notice, may be written or verbal. (6) The Board must have regard to any submission made by the education provider in accordance with this section in deciding whether to take the proposed action under subsection (3). 195 Registration of disability students (1) On receipt of the information about a person requested under section 194, the Board may register the person as a student in the Disability Students Register by entering the information in the Disability Students Register. (2) The Board must not register a person as a disability student if the person is a registered disability worker. (3) The Board must not require a person to pay a relevant fee for registration as a disability student. (4) A person undertaking an approved program of study required by the Board for registration as a disability student must be registered before undertaking any supervised practice. 196 Conditions of registration as a disability student (1) If the Board registers a person as a disability student, the registration is subject to any condition that the Board considers necessary or desirable in the circumstances. (2) If the Board registers a person as a disability student subject to a condition, the Board must decide a review period for the condition. -- 161 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 150 Authorised by the Chief Parliamentary Counsel 197 Notice of decision to be given to education provider (1) Within 30 days after making a decision under section 193, the Board must give the relevant education provider a written notice of the Board's decision. (2) If the Board decides not to register a person as a disability student, or to register the person subject to a condition, the notice must state the reasons for the decision. (3) As soon as practicable after receiving notice that a person has been registered as a disability student under subsection (1), the education provider must give written notice of the registration to the person. 198 Period of student registration The period of registration for a disability student— (a) starts when the Board grants the disability student registration; and (b) expires at the end of the day on which the disability student completes, or otherwise ceases to be enrolled in, the approved program of study. Division 9—Certificates of registration and surrender of registration 199 Issue of certificate of registration (1) The Board must give a registered disability worker a certificate of registration as soon as practicable after any of the following occurs in relation to the registered disability worker— (a) the Board registers the disability worker; (b) the Board renews the registration of the disability worker; -- 162 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 151 Authorised by the Chief Parliamentary Counsel (c) the Board or an adjudication body imposes, changes or removes a condition on the registration or otherwise changes the registration in a material way; (d) the Board or an adjudication body accepts an undertaking from the disability worker or changes or revokes such an undertaking; (e) the Board endorses a registration; (f) the Board imposes or changes a condition on an endorsement on a registration or removes a condition from an endorsement on a registration. (2) A certificate of registration must include the following— (a) the name of the registered disability worker; (b) the date on which the registration was granted; (c) the type of registration granted; (d) the division of the Register of Disability Workers in which the disability worker is registered; (e) any endorsement of the registration; (f) any condition to which the registration or endorsement is subject; (g) any undertaking given by the disability worker to the Board or the adjudication body; (h) the date on which the registration expires; (i) any other information which the Board considers appropriate. -- 163 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 152 Authorised by the Chief Parliamentary Counsel 200 Surrender of registration (1) A registered disability worker, by written notice given to the Board, may surrender the disability worker's registration. (2) The surrender of the registration takes effect on— (a) the day on which the Board receives the notice under subsection (1); or (b) the later day stated in the notice. Division 10—Review of conditions and undertakings 201 Changing or removing conditions or undertaking on application by registered disability workers or disability students (1) Subject to subsections (2) and (3), a registered disability worker or disability student may apply to the Board— (a) in the case of a registered disability worker— (i) to change or remove a condition imposed on the disability worker's registration or endorsement; or (ii) to change or revoke an undertaking given by the disability worker to the Board; or (b) in the case of a disability student— (i) to change or remove a condition imposed on the disability student's registration; or (ii) to change or revoke an undertaking given by the disability student to the Board. -- 164 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 153 Authorised by the Chief Parliamentary Counsel (2) A registered disability worker or disability student must not make an application under subsection (1) during the relevant review period unless the disability worker or disability student reasonably believes there has been a material change in the disability worker's or disability student's circumstances. (3) An application made under subsection (1)— (a) must be in the form approved by the Board; and (b) must be accompanied by any other information which is reasonably required by the Board. (4) For the purposes of deciding about the application, the Board may exercise a power under section 153 as if the application were an application for registration. (5) The Board must grant the application or refuse to grant the application. (6) If the Board's decision results in a condition on the registration remaining in place or an undertaking remaining in place, the Board may decide a review period for the condition or undertaking. (7) As soon as practicable after making the decision under subsection (5), the Board must give to the disability worker or the disability student and the education provider at which the disability student is undertaking an approved program of study, written notice of— (a) the decision; and (b) if the Board has decided a review period for a condition or undertaking, details of the review period. -- 165 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 154 Authorised by the Chief Parliamentary Counsel (8) If the Board refuses to grant the application, the notice must state— (a) the reasons for the decision made by the Board; and (b) that the registered disability worker or disability student may apply for review of the decision; and (c) how an application for review may be made and the period within which the application must be made. 202 Changing conditions on Board's initiative (1) Subject to subsections (2) and (3), if the Board reasonably believes that it is necessary to change a condition imposed on the registration of a registered disability worker or disability student, the Board must give to the disability worker or disability student a written notice stating— (a) that the Board proposes to change the condition; and (b) how the Board proposes to change the condition; and (c) the reason for the proposed change; and (d) that the disability worker or disability student, within 30 days after receipt of the notice, may make a written or verbal submission to the Board about why the condition should not be changed. (2) The Board must not change a condition under subsection (1) during a review period unless the Board reasonably believes there has been a material change in the disability worker's or disability student's circumstances. -- 166 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 155 Authorised by the Chief Parliamentary Counsel (3) A registered disability worker or disability student may make written or verbal submissions about the proposed change to the condition as stated in the notice. (4) The Board must consider any submission made under subsection (3) and decide whether or not to change the condition. (5) If the Board's decision results in the registration being subject to a changed condition, the Board may decide a new review period for the condition. (6) As soon as practicable after making the decision under subsection (5), the Board must give to the disability worker or the disability student and the education provider at which the disability student is undertaking an approved program of study, written notice of— (a) the decision; and (b) if the Board has decided a review period for a condition, details of the review period. (7) If the Board changes the condition, the notice must state— (a) the reasons for the decision made by the Board; and (b) that the registered disability worker or disability student may apply for review of the decision; and (c) how an application for review may be made and the period within which the application must be made. 203 Removal of condition or revocation of undertaking (1) Subject to subsections (2) and (3), the Board may decide to remove a condition on a registration or revoke an undertaking given by a registered -- 167 of 333 -- Part 11—Registration and endorsement Disability Service Safeguards Act 2018 No. 38 of 2018 156 Authorised by the Chief Parliamentary Counsel disability worker or disability student if the Board reasonably believes that— (a) the condition imposed on the registration is no longer necessary; or (b) the undertaking given to the Board is no longer necessary. (2) The Board must not remove a condition under subsection (1) during a review period unless the Board reasonably believes there has been a material change in the disability worker's or disability student's circumstances. (3) As soon as practicable after making the decision, the Board must give notice of the decision to the registered disability worker or disability student. (4) A decision to remove a condition or revoke an undertaking takes effect on the date stated in the notice. -- 168 of 333 -- Part 12—Obligations of registered disability workers, disability students and education providers Disability Service Safeguards Act 2018 No. 38 of 2018 157 Authorised by the Chief Parliamentary Counsel Part 12—Obligations of registered disability workers, disability students and education providers 204 Definition of relevant entity In this Part— relevant entity means— (a) the Health Complaints Commissioner; or (b) the Mental Health Complaints Commissioner; or (c) the Public Advocate; or (d) any entity of the Commonwealth or another State or a Territory that is equivalent to an entity referred to in paragraph (a), (b) or (c); or (e) the NDIS Quality and Safeguards Commission; or (f) a registration authority within the meaning of the Health Practitioner Regulation National Law. 205 Continuing professional development (1) A registered disability worker, other than a disability worker who holds non-practising registration, must undertake the continuing professional development required under an approved registration standard. (2) A contravention of subsection (1) by a registered disability worker does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. -- 169 of 333 -- Part 12—Obligations of registered disability workers, disability students and education providers Disability Service Safeguards Act 2018 No. 38 of 2018 158 Authorised by the Chief Parliamentary Counsel 206 Professional indemnity insurance arrangements (1) A registered disability worker must not practise as a disability worker unless appropriate professional indemnity insurance arrangements are in place. (2) The Board may require, at any time by written notice, a registered disability worker to give the Board evidence of the appropriate professional indemnity insurance arrangements that are in place. (3) A registered disability worker must not, without reasonable excuse, fail to comply with a written notice given to the disability worker under subsection (2). (4) A contravention of subsection (1) or (3) by a registered disability worker does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. (5) In this section— registered disability worker does not include a disability worker who holds non-practising registration. 207 Registered disability worker or disability student to give Board notice of certain events (1) A registered disability worker or disability student must, within 7 days after becoming aware that a relevant event has occurred in relation to the disability worker or disability student, give the Board written notice of the event. (2) A contravention of subsection (1) by a registered disability worker or disability student does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. -- 170 of 333 -- Part 12—Obligations of registered disability workers, disability students and education providers Disability Service Safeguards Act 2018 No. 38 of 2018 159 Authorised by the Chief Parliamentary Counsel (3) In this section— relevant event means— (a) in relation to a registered disability worker— (i) the disability worker is charged, whether in Victoria or elsewhere, with an offence punishable by 12 months imprisonment or more; or (ii) the disability worker is convicted of or the subject of a finding of guilt for an offence, whether in Victoria or elsewhere, punishable by imprisonment; or (iii) appropriate professional indemnity insurance arrangements are no longer in place; or (iv) the disability worker's right to practise at a hospital or another facility from which disability services are provided is withdrawn or restricted because of the disability worker's conduct, performance or health; or (v) the disability worker's billing privileges are withdrawn or restricted under the Human Services (Medicare) Act 1973 of the Commonwealth because of the disability worker's conduct, professional performance or health; or (vi) the disability worker's authority under a law of a State or Territory to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines is cancelled or restricted; or -- 171 of 333 -- Part 12—Obligations of registered disability workers, disability students and education providers Disability Service Safeguards Act 2018 No. 38 of 2018 160 Authorised by the Chief Parliamentary Counsel (vii) a complaint or notification is made about the disability worker to a relevant entity; or (viii) the disability worker's registration under the law of another jurisdiction that provides for the registration of disability workers is suspended or cancelled or made subject to a condition or another restriction; or (ix) the disability worker's registration as a health practitioner within the meaning of the Health Practitioner Regulation National Law is suspended, cancelled or made subject to a condition, prohibition order or other restriction under the Health Practitioner Regulation National Law; or (x) the disability worker has been refused an NDIS worker screening check clearance; or (xi) the disability worker's NDIS worker screening check clearance has been suspended or revoked; or (xii) the disability worker has been refused registration as an NDIS registered provider under the NDIS Act or that registration has been suspended or revoked; or (xiii) the disability worker is the subject of an interim bar in relation to an NDIS worker screening check clearance; or (xiv) the disability worker is subject to a banning order under the NDIS Act; or (xv) the disability worker is the subject of a prohibition order or banning order under any other Act in relation to the -- 172 of 333 -- Part 12—Obligations of registered disability workers, disability students and education providers Disability Service Safeguards Act 2018 No. 38 of 2018 161 Authorised by the Chief Parliamentary Counsel provision of health services or disability services or other services involving the care of children; and (b) in relation to a disability student, the disability student's registration under the law of another jurisdiction that provides for the registration of disability students (however described) has been suspended or cancelled. 208 Change in principal place of practice, address or name (1) A registered disability worker must, within 30 days after any of the following changes happening, give the Board written notice of the change and any evidence providing proof of the change required by the Board— (a) a change in the place from which the registered disability worker principally practises as a disability worker; (b) a change in the address provided by the registered disability worker as the address the Board should use in corresponding with the disability worker; (c) a change in the registered disability worker's name. (2) A contravention of subsection (1) by a registered disability worker does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. 209 Board may ask registered disability worker for information (1) The Board may request by notice in writing a registered disability worker to give to the Board the following information in writing— -- 173 of 333 -- Part 12—Obligations of registered disability workers, disability students and education providers Disability Service Safeguards Act 2018 No. 38 of 2018 162 Authorised by the Chief Parliamentary Counsel (a) if the disability worker is self-employed and shares premises with registered health practitioners or other registered disability workers with whom the disability worker shares the cost of the premises— (i) that the disability worker is self-employed; and (ii) the address of each of the premises from which the disability worker practises as a disability worker; and (iii) if the disability worker practises as a disability worker under a business name or names, each business name; and (iv) the names of the registered health practitioners and other registered disability workers with whom the disability worker shares premises; (b) if the registered disability worker is self-employed and paragraph (a) does not apply— (i) that the disability worker is self-employed; and (ii) the address of each of the premises from which the disability worker practises as a disability worker; and (iii) if the disability worker practises as a disability worker under a business name or names, each business name; (c) if the disability worker is engaged by one or more entities under a contract of employment, a contract for services or any other arrangement or agreement, the name, address and contact details of each entity; -- 174 of 333 -- Part 12—Obligations of registered disability workers, disability students and education providers Disability Service Safeguards Act 2018 No. 38 of 2018 163 Authorised by the Chief Parliamentary Counsel (d) if the disability worker practises as a disability worker for or on the behalf of one or more entities, whether in an honorary capacity, as a volunteer or otherwise, and if the disability worker receives payment from an entity, the name, address and contact details of each entity; (e) if the disability worker practises as a disability worker under a name or names that are not the same as the name under which the disability worker is registered under this Act, the other name or names; (f) details of the disability worker's continued competence to practise as a disability worker; (g) details of any complaint or notification made against the disability worker to a relevant entity; (h) whether the disability worker has been refused an NDIS worker screening check clearance; (i) whether the disability worker's NDIS worker screening check clearance has been suspended or revoked; (j) whether the disability worker is the subject of an interim bar in relation to an NDIS worker screening check clearance; (k) whether the disability worker is subject to a banning order under the NDIS Act; (l) whether the disability worker is the subject of a prohibition order. (2) The registered disability worker must not, without reasonable excuse, fail to comply with the notice from the Board. -- 175 of 333 -- Part 12—Obligations of registered disability workers, disability students and education providers Disability Service Safeguards Act 2018 No. 38 of 2018 164 Authorised by the Chief Parliamentary Counsel (3) A contravention of subsection (2) by a registered disability worker does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. (4) In this section— premises from which the disability worker practises as a disability worker does not include the residential premises of a person to whom disability services are provided by the disability worker. 210 Report by education providers to Board of cessation of status as disability student (1) This section applies if a disability student completes, or otherwise ceases to be enrolled in, an approved program of study to be a disability worker provided by an education provider. (2) The education provider must give written notice of the disability student ceasing to be enrolled in the approved program of study to the Board within 60 days after the cessation. (3) If an education provider contravenes subsection (2), the Board may— (a) publish details of the contravention on the Board's Internet site; and (b) include a statement about the contravention in the Board's annual report. (4) If the Board proposes taking action under subsection (3), the Board must— (a) give the education provider notice of the proposed action; and (b) invite the education provider to make a submission to the Board, within 30 days after receipt of the notice. -- 176 of 333 -- Part 12—Obligations of registered disability workers, disability students and education providers Disability Service Safeguards Act 2018 No. 38 of 2018 165 Authorised by the Chief Parliamentary Counsel (5) A notice given to an education provider under subsection (4), and any submission made by the education provider in accordance with the notice, may be written or verbal. (6) The Board must have regard to any submission made by the education provider in accordance with this section in deciding whether to take the proposed action under subsection (3). -- 177 of 333 -- Part 13—VCAT Disability Service Safeguards Act 2018 No. 38 of 2018 166 Authorised by the Chief Parliamentary Counsel Part 13—VCAT Division 1—Referring matters to VCAT 211 Matters to be referred to VCAT relating to registered disability workers and disability students (1) The Board must refer a matter about a registered disability worker or disability student to VCAT if— (a) in the case of a registered disability worker, the Board reasonably believes, based on a notification or a complaint or for any other reason, that— (i) the disability worker has behaved in a way that constitutes professional misconduct; or (ii) the disability worker's registration was improperly obtained because the disability worker or someone else gave the Board information or a document that was false or misleading in a material particular; or (b) a panel requires the Board to refer the matter to VCAT. (2) The Board must give written notice of the referral to the registered disability worker or disability student to whom the matter relates. 212 Parties to proceeding for matter referred to VCAT The parties to a proceeding in relation to a matter referred to in section 211 are— (a) the registered disability worker or disability student; and (b) the Board. -- 178 of 333 -- Part 13—VCAT Disability Service Safeguards Act 2018 No. 38 of 2018 167 Authorised by the Chief Parliamentary Counsel 213 Determination by VCAT about registered disability worker (1) After hearing a matter about a registered disability worker, VCAT may determine— (a) that the disability worker has no case to answer and no further action is to be taken in relation to the matter; or (b) one or more of the following— (i) that the disability worker has behaved in a way that constitutes unsatisfactory professional performance; (ii) that the disability worker has behaved in a way that constitutes unprofessional conduct; (iii) that the disability worker has behaved in a way that constitutes professional misconduct; (iv) that the disability worker has an impairment which detrimentally affects the disability worker's capacity to provide disability services in a safe manner; (v) that the disability worker's registration was improperly obtained because the disability worker or someone else gave the Board information or a document that was false or misleading in a material particular. (2) If VCAT makes a determination referred to in subsection (1)(b), VCAT may by order do one or more of the following— (a) caution or reprimand the disability worker; -- 179 of 333 -- Part 13—VCAT Disability Service Safeguards Act 2018 No. 38 of 2018 168 Authorised by the Chief Parliamentary Counsel (b) impose a condition on the disability worker's registration; (c) require the disability worker to pay a fine of not more than $30 000 to the Board; (d) suspend the disability worker's registration for a specified period; (e) cancel the disability worker's registration. (3) Before making an order under subsection (2), VCAT may take into account— (a) any prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act and that is imposed on the registered disability worker; or (b) a banning order imposed on the registered disability worker under section 73ZN of the NDIS Act. (4) If VCAT makes an order imposing a condition on the disability worker's registration, VCAT must determine a review period for the condition. (5) If VCAT makes an order cancelling a disability worker's registration under this Act, VCAT may by order— (a) disqualify the disability worker from applying for registration as a registered disability worker for a specified period; or (b) prohibit the disability worker, either permanently or for a stated period, from using a specified title or providing a specified disability service. -- 180 of 333 -- Part 13—VCAT Disability Service Safeguards Act 2018 No. 38 of 2018 169 Authorised by the Chief Parliamentary Counsel 214 Determination of VCAT about disability students (1) After hearing a matter about a disability student, VCAT may determine that— (a) the disability student has an impairment which detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner; or (b) the disability student has no case to answer and no further action is to be taken in relation to the matter. (2) If VCAT determines that the disability student has an impairment which detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner, VCAT may by order— (a) impose a condition on the disability student's registration; or (b) suspend the disability student's registration. Division 2—VCAT review 215 Reviewable decisions (1) A person whose interests are affected by any of the following decisions may apply to VCAT for review of the decision— (a) a decision to refuse to register the person; (b) a decision to refuse to endorse the person's registration; (c) a decision to refuse to renew the person's registration; (d) a decision to refuse to renew the endorsement of the person's registration; -- 181 of 333 -- Part 13—VCAT Disability Service Safeguards Act 2018 No. 38 of 2018 170 Authorised by the Chief Parliamentary Counsel (e) a decision to register the person for a type of registration other than the type of registration for which the person applied; (f) a decision to register the person in a particular division of the Register; (g) a decision to impose or change a condition on a person's registration or the endorsement of the person's registration; (h) a decision to refuse to change or remove a condition imposed on the person's registration or on the endorsement of the person's registration; (i) a decision to refuse to change or revoke an undertaking given by the person to the Board; (j) a decision to suspend the person's registration; (k) a decision by a panel to impose a condition on the person's registration; (l) a decision by a health panel to suspend the person's registration; (m) a decision by a professional standards panel to reprimand the person; (n) a decision by the Board or a panel to caution the person; (o) a decision by the Board to impose a prohibition order on the person; (p) a decision by the Commissioner to impose an interim prohibition order or a prohibition order on the person. (2) An application for review under this section must be made within 28 days after the later of— (a) the day on which the decision is made; or -- 182 of 333 -- Part 13—VCAT Disability Service Safeguards Act 2018 No. 38 of 2018 171 Authorised by the Chief Parliamentary Counsel (b) if the person requests a statement of reasons for the decision under the Victorian Civil and Administrative Tribunal Act 1998, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. 216 Parties to the proceeding The parties to a proceeding relating to a reviewable decision heard by VCAT are— (a) the person who is the subject of the reviewable decision; and (b) the person who applied for the review, if not the person who is the subject of the reviewable decision; and (c) the Board, in the case of a decision referred to in section 215(1)(a) to (o); and (d) the Commission, in the case of a decision referred to in section 215(1)(p). -- 183 of 333 -- Part 14—Authorised officers Disability Service Safeguards Act 2018 No. 38 of 2018 172 Authorised by the Chief Parliamentary Counsel Part 14—Authorised officers Division 1—Appointment of authorised officers 217 Appointment of authorised officers by Board or Commission (1) Subject to subsection (3), the Board may appoint the following as an authorised officer to enforce compliance with section 220 and Part 16 by registered disability workers or disability students— (a) a person employed by the Commission; (b) a person engaged by the Commission. (2) Subject to subsection (3), the Commission may appoint the following as an authorised officer to enforce compliance with Part 16 by unregistered disability workers and to investigate complaints made against a disability worker under Part 5 or referred to the Commission under that Part— (a) a person employed by the Commission; (b) a person engaged by the Commission. (3) A person must not be appointed to be an authorised officer unless the Board or Commission, as the case requires, is satisfied that the person is suitably qualified or trained to be an authorised officer for the purposes of this Act. (4) An appointment of a person as an authorised officer may specify the functions, duties or powers under this Act or the regulations in respect of which that person is an authorised officer. -- 184 of 333 -- Part 14—Authorised officers Disability Service Safeguards Act 2018 No. 38 of 2018 173 Authorised by the Chief Parliamentary Counsel 218 Identity card for authorised officers (1) The Board or the Commission, as the case requires, must give an identity card to a person appointed as an authorised officer. (2) The identity card must— (a) contain a recent photograph of the authorised officer; and (b) be signed by the authorised officer; and (c) identify the person as an authorised officer appointed by the Board or by the Commission. 219 Display of identity card by authorised officers (1) An authorised officer may exercise a power in relation to a person if the authorised officer— (a) before exercising the power, produces the authorised officer's identity card for the person's inspection; or (b) has the identity card displayed so it is clearly visible to the person. (2) If it is not practicable to comply with subsection (1) before exercising a power, the authorised officer must produce the identity card for the person's inspection at the first reasonable opportunity. Division 2—Powers of authorised officers 220 Authorised officers may require information or documents from registered disability workers about alleged offences An authorised officer who reasonably believes that a person has committed an offence against this Act and that a registered disability worker may be able to give information about the offence, -- 185 of 333 -- Part 14—Authorised officers Disability Service Safeguards Act 2018 No. 38 of 2018 174 Authorised by the Chief Parliamentary Counsel may require, by written notice given to that disability worker, the disability worker— (a) to give information to the authorised officer within a reasonable time and in a reasonable way as specified in the notice; or (b) to attend before the authorised officer at a stated time and a stated place to answer questions or produce documents. 221 Authorised officers may apply to Magistrates' Court for order requiring information or documents from other persons about alleged offences (1) An authorised officer who believes on reasonable grounds that a person has committed an offence against this Act may apply to the Magistrates' Court for an order requiring any person (other than a registered disability worker), at a time and place specified by the authorised officer— (a) to answer orally or in writing any questions put by an authorised officer in relation to the alleged offence; and (b) to supply orally or in writing information required by an authorised officer in relation to the alleged offence; and (c) to produce to an authorised officer specified documents or documents of a specified class relating to the alleged offence. (2) The Magistrates' Court may make the order if the Magistrates' Court is satisfied that there are reasonable grounds to believe that a person may have committed an offence against this Act. (3) An order must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect. -- 186 of 333 -- Part 14—Authorised officers Disability Service Safeguards Act 2018 No. 38 of 2018 175 Authorised by the Chief Parliamentary Counsel 222 Warning required before exercise of power under section 220 or 221 Before requiring a person to produce a document or part of a document or to answer questions under section 220 or 221, an authorised officer— (a) must warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and (b) must inform the person that the person may refuse or fail to answer any question if answering the question would tend to incriminate the person. 223 Inspection, copying and retention of documents (1) If a document is produced to an authorised officer the authorised officer— (a) may inspect the document; and (b) may make a copy of, or take an extract from, the document; and (c) may keep the document while it is necessary for the investigation. (2) If the authorised officer keeps the document, the authorised officer must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at a reasonable time and place decided by the authorised officer. 224 Authorised officer may enter premises An authorised officer may enter a premises if— (a) its occupier consents to the entry of the premises; or (b) it is a public place and the entry is made when the place is open to the public; or (c) the entry is authorised by a warrant. -- 187 of 333 -- Part 14—Authorised officers Disability Service Safeguards Act 2018 No. 38 of 2018 176 Authorised by the Chief Parliamentary Counsel 225 Authorised officer may apply for search warrant for entry to, and search of, premises (1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular premises if the authorised officer believes on reasonable grounds that— (a) there is or has been a contravention of this Act or the regulations; or (b) entry into or onto the premises is necessary for the purpose of investigating the subject matter of a notification or a complaint. (2) If a magistrate is satisfied by evidence on oath or affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations or evidence about a matter that is being investigated by the authorised officer, the magistrate may issue a search warrant authorising any person named in the warrant— (a) to enter the premises, or the part of the premises, named or described in the warrant; and (b) to search for and seize a thing named or described in the warrant; and (c) to bring the thing before the Magistrates' Court so that the matter may be dealt with according to law. (3) In addition to any other requirement, a search warrant issued for the purposes of this section must state the following— (a) the offence or grounds for suspecting evidence about a certain matter is at the premises; (b) the premises to be searched; -- 188 of 333 -- Part 14—Authorised officers Disability Service Safeguards Act 2018 No. 38 of 2018 177 Authorised by the Chief Parliamentary Counsel (c) the name or a description of the thing to be searched for; (d) any condition to which the warrant is subject; (e) whether entry is authorised to be made at any time or during stated hours; (f) a day, being a day not later than 7 days after the issue of the warrant, on which the warrant expires. 226 Search warrants—general (1) Subject to subsection (3), a search warrant issued under this Act must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (2) The rules that apply to search warrants under the Magistrates' Court Act 1989 extend and apply to search warrants under this Act. (3) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise an authorised officer or investigator to arrest a person. 227 Procedure before entry under warrant (1) Before entering a premises under a warrant issued under this Act, an authorised officer must do, or make a reasonable attempt to do, all of the following— (a) identify as an authorised officer to a person present at the premises who is an occupier of the premises by producing the authorised officer's identity card or another document evidencing the authorised officer's appointment; (b) give the person a copy of the warrant; -- 189 of 333 -- Part 14—Authorised officers Disability Service Safeguards Act 2018 No. 38 of 2018 178 Authorised by the Chief Parliamentary Counsel (c) tell the person that the authorised officer is permitted by the warrant to enter the premises; (d) give the person an opportunity to allow the authorised officer immediate entry to the premises without using force. (2) An authorised officer need not comply with subsection (1) if the authorised officer reasonably believes that immediate entry to the premises is required to ensure the effective execution of the warrant is not frustrated. 228 Powers after entering premises (1) Subject to subsection (2) and anything to the contrary set out in a search warrant issued under section 225(2), a person named in the warrant may enter a premises under section 224 and, for the purposes of the investigation, do one or more of the following— (a) search any part of the premises; (b) inspect, measure, test, photograph or film any part of the premises or anything at the place; (c) take a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing; (d) copy, or take an extract from, a document at the place; (e) take into or onto the premises any person, equipment and materials which the person named in the warrant reasonably requires for exercising a power under this Act; (f) require the occupier of the place, or a person at the premises, to give the person named in the warrant reasonable assistance to exercise -- 190 of 333 -- Part 14—Authorised officers Disability Service Safeguards Act 2018 No. 38 of 2018 179 Authorised by the Chief Parliamentary Counsel the person's powers under paragraphs (a) to (e); (g) require the occupier of the premises, or a person at the premises, to give the person named in the warrant person information to help the named person to conduct the investigation or ascertain whether this Act is being complied with. (2) An authorised officer may do any of the things mentioned in subsection (1) if the authorised officer reasonably believes that it is necessary to do the thing in order to obtain the evidence relating to a contravention of this Act or the regulations or to conduct the investigation. (3) When making a requirement referred to in subsection (1)(f) or (g), an authorised officer must warn the person that it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. 229 Seizure of evidence by authorised officer (1) An authorised officer who enters a public premises when the premises is open to the public may seize a thing at the premises if the authorised officer reasonably believes that the thing is evidence that is relevant to an investigation being conducted by the authorised officer. (2) If an authorised officer enters a premises with the occupier's consent, the authorised officer may seize a thing at the premises if— (a) the authorised officer reasonably believes that the thing is evidence that is relevant to an investigation being conducted by the authorised officer; and -- 191 of 333 -- Part 14—Authorised officers Disability Service Safeguards Act 2018 No. 38 of 2018 180 Authorised by the Chief Parliamentary Counsel (b) seizure of the thing is consistent with the purpose of the entry as specified to the occupier when asking for the occupier's consent. (3) For the purposes of subsection (2), the authorised officer may also seize anything else at the premises if the authorised officer reasonably believes— (a) the thing is evidence that is relevant to the investigation; and (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed. 230 Securing seized things If an authorised officer seizes a thing under this Act, the authorised officer may— (a) move the thing from the premises where it was seized; or (b) leave the thing at the premises where it was seized but take reasonable action to restrict access to it. 231 Authorised officer to give receipts for seized things and samples taken (1) If an authorised officer seizes a thing, or takes a sample of, or from, a thing at any premises under this Act, the authorised officer must give a receipt in the prescribed form for the thing or sample to the person in charge of the thing or the premises from which it was taken. (2) If for any reason it is not practicable for an authorised officer to comply with subsection (1), the authorised officer— (a) may leave the receipt at the premises in a conspicuous position and in a reasonably secure way; or -- 192 of 333 -- Part 14—Authorised officers Disability Service Safeguards Act 2018 No. 38 of 2018 181 Authorised by the Chief Parliamentary Counsel (b) may send the receipt to the occupier of the premises from which the thing was seized or the sample was taken. 232 Copies of seized documents If an authorised officer retains possession of a document seized from a person under this Act, within 21 days after the seizure the authorised officer must give the person a copy of the document certified as correct by the authorised officer. 233 Retention and return of seized documents or things (1) If an authorised officer seizes a document or other thing under this Division and the reason for its seizure no longer exists, the authorised officer must take reasonable steps to return the document or thing to its owner or the person from whom it was seized. (2) If a document or thing seized under this Division is not returned within 3 months after it was seized, the authorised officer must take reasonable steps to return it unless— (a) the proceeding, the purpose for which the document or thing was seized, commenced within that 3 month period and that proceeding (including any appeal or review) is not completed; or (b) the investigation has not been completed within that 3 month period; or (c) the Magistrates' Court makes an order under section 234 extending the period during which the seized document or thing may be retained. -- 193 of 333 -- Part 14—Authorised officers Disability Service Safeguards Act 2018 No. 38 of 2018 182 Authorised by the Chief Parliamentary Counsel 234 Magistrates' Court may extend 3 month retention period (1) An authorised officer may apply to the Magistrates' Court for an extension of the period for which the authorised officer may retain a document or thing seized under this Division— (a) within 3 months after the seizure; or (b) if an extension has been granted under this section, before the end of the period of the extension. (2) The Magistrates' Court may order an extension (not exceeding 3 months) of the period during which a seized document or thing may be retained if it is satisfied that— (a) the total period of retention does not exceed 12 months; and (b) retention of the document or other thing is necessary for the purposes of an investigation under this Act. (3) At least 7 days before the hearing of an application made under this section, the authorised officer must send notice of the application to— (a) the owner of the document or thing described in the application; or (b) the person from whom the document or other thing described in the application was seized. 235 Court may order destruction of seized documents or things (1) The Board or Commission, as the case requires, may apply to the Magistrates' Court for an order permitting the destruction of a document or other thing seized by an authorised officer under this Division if— -- 194 of 333 -- Part 14—Authorised officers Disability Service Safeguards Act 2018 No. 38 of 2018 183 Authorised by the Chief Parliamentary Counsel (a) the authorised officer is not able to return it to its owner or the person from whom it was seized; or (b) the thing is dangerous. (2) On an application made under subsection (1), a court may make— (a) an order permitting the destruction of a document or other thing if satisfied that it is appropriate to do so; and (b) any other order that it considers to be appropriate, including, but not limited to, an order relating to the payment by the owner of the document or other thing of the costs of, and any costs incidental to, the destruction of the document or other thing. (3) At least 7 days before the hearing of an application made under this section, notice of the application must be sent to— (a) the owner of the document or other thing described in the application; or (b) the person from whom the document or other thing described in the application was seized. Division 3—Protection for persons assisting authorised officers 236 Protection of persons giving evidence to authorised officer A person who gives information or evidence, or produces a document or thing, to an authorised officer under this Act has the same protection and immunity as a witness has in a proceeding in the Supreme Court. -- 195 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 184 Authorised by the Chief Parliamentary Counsel Part 15—Information and privacy Division 1—Disclosure of information and confidentiality 237 Meaning of protected information In this Division— protected information means information that comes to a person's knowledge in the course of, or because of, the person exercising functions under this Act. 238 Duty of confidentiality (1) A person who exercises or has exercised functions under this Act must not disclose protected information to another person except in a circumstance specified in subsection (2). Penalty: 30 penalty units in the case of a natural person; 60 penalty units in the case of a body corporate. (2) A person may disclose protected information in one or more of the following circumstances— (a) the information is disclosed in the exercise of a function under, or for the purposes of, this Act; (b) the disclosure is otherwise required or permitted by law; (c) the disclosure is with the agreement of the person to whom the information relates; (d) the disclosure is in a form that does not identify the identity of a person; (e) the information relates to a proceeding before VCAT and the proceeding is or was open to the public; -- 196 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 185 Authorised by the Chief Parliamentary Counsel (f) the information is or was accessible to the public, including because it is or was recorded in the Register; (g) the disclosure is otherwise authorised by the Minister on the grounds that the disclosure is in the public interest. 239 Disclosure of information for disability workforce planning and general disability sector planning and development (1) The Minister, by written notice given to the Board, may ask the Board for information required by the Minister for— (a) planning the disability workforce in Victoria or a part of Victoria; or (b) planning and developing the disability services sector in general. (2) If the Board receives a request under subsection (1), the Board, by written notice given to a registered disability worker, may ask the disability worker for information relevant to the request. (3) A registered disability worker who is asked to provide information under subsection (2) may, but is not required to, provide the information. (4) The Board— (a) must give information received from a registered disability worker to the Minister in a way that does not identify any registered disability worker; and (b) must not use information received under this section that identifies a registered disability worker for any other purpose. -- 197 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 186 Authorised by the Chief Parliamentary Counsel (5) The Minister must publish information which the Minster receives under this section in a way that is timely and ensures that it is accessible to the public. 240 Disclosure of information for information management and communication purposes (1) A person may disclose protected information to an information management agency if the disclosure is in accordance with an authorisation given by the Minister under subsection (2). (2) The Minister may authorise the disclosure of protected information to an information management agency if the Minister is satisfied that— (a) the protected information will be collected, stored and used by the information management agency in a way that ensures that the privacy of the persons to whom it relates is protected; and (b) the provision of the protected information to the information management agency is necessary to enable the agency to exercise its functions. (3) An authorisation under subsection (2)— (a) may apply to protected information generally or a class of protected information; and (b) may be subject to conditions. (4) In this section— information management agency means a prescribed Commonwealth, State or Territory agency that has functions relating to the identification of health practitioners or disability workers for information management and communication purposes. -- 198 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 187 Authorised by the Chief Parliamentary Counsel 241 Disclosure of information to other relevant entities (1) A person may disclose protected information to a relevant entity if the person is satisfied that— (a) the protected information will be collected, stored and used by the entity in a way that ensures the privacy of the persons to whom it relates is protected; and (b) the provision of the protected information to the entity is necessary to enable the entity to exercise its functions. (2) In this section— relevant entity means— (a) an entity established under the NDIS Act; and (b) an NDIS worker screening agency; and (c) a prescribed entity that is responsible for worker screening under an Act of the Commonwealth, a State or a Territory; and (d) any other Commonwealth, State or Territory entity having functions relating to the provision of disability services. 242 Disclosure to protect health or safety of persons with a disability or other persons (1) This section applies if the Board or the Commission reasonably believes that— (a) a disability worker or a disability student poses, or may pose, a risk to public health; or (b) the health or safety of a person with a disability or a class of persons with a disability is or may be at risk because of the manner in which a disability worker provides -- 199 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 188 Authorised by the Chief Parliamentary Counsel disability services or a disability student engages in supervised practice. (2) The Board or the Commissioner may give written notice of the risk and any relevant information about the disability worker or disability student to an entity established under an Act of the Commonwealth, a State or a Territory that the Board or Commissioner considers may be required to take action in relation to the risk. 243 Disclosure to registration entities A person exercising functions under this Act may disclose protected information to an entity of a jurisdiction outside Victoria that has responsibility for regulating disability workers in that jurisdiction if the disclosure is necessary for the entity to exercise its functions. Division 2—Register of Disability Workers 244 Board to keep Register of Disability Workers (1) The Board must keep a public register in accordance with this Division that includes— (a) the names of all registered disability workers; and (b) the names of all disability workers whose registration is cancelled by an adjudication body. (2) The Register is to consist of divisions as follows— (a) a division of registered disability practitioners; (b) a division of registered disability support workers; -- 200 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 189 Authorised by the Chief Parliamentary Counsel (c) a division of provisionally registered disability support workers; (d) any other prescribed division. 245 Manner of keeping Register Subject to this Division, the Register must be kept— (a) in a way that ensures it is up-to-date and accurate; and (b) otherwise in the way the Board considers appropriate. 246 Information to be recorded in Register (1) The Register must include the following information for each registered disability worker whose name is included in the Register— (a) the disability worker's sex; (b) the suburb and postcode of the disability worker's principal place of practice; (c) the date on which the disability worker was first registered under this Act; (d) the date on which the disability worker's current registration expires; (e) the type of registration held by the disability worker and the division in which the disability worker is registered; (f) if the disability worker holds limited registration, the type of limited registration; (g) subject to subsection (2), if the disability worker has been cautioned or reprimanded, the fact that the disability worker has been cautioned or reprimanded; -- 201 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 190 Authorised by the Chief Parliamentary Counsel (h) unless the Board or a panel decides otherwise, or VCAT determines otherwise, if a condition has been imposed on the disability worker's registration or if the Board has entered into an undertaking with the disability worker, the details of the condition or undertaking; (i) if the disability worker's registration is suspended, the fact that the disability worker's registration has been suspended and, if the suspension is for a specified period, the period during which the suspension applies; (j) if the disability worker's registration has been endorsed, details of the endorsement and details of any condition on the endorsement; (k) details of any qualifications relied on by the disability worker to obtain registration or to have the disability worker's registration endorsed; (l) if the disability worker has advised the Board that the disability worker fluently speaks a language other than English, the name of the other language spoken; (m) details of the disability worker's disciplinary history including but not limited to— (i) any orders issued by a panel or VCAT, unless the panel decides or VCAT determines that the details are not be included; and (ii) any banning order issued under section 73ZN of the NDIS Act; and (iii) any prohibition order made under this Act; -- 202 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 191 Authorised by the Chief Parliamentary Counsel (n) any other information which the Board considers appropriate. (2) If the Register records a caution under subsection (1)(g), the details of that caution must be removed from the Register 2 years after the caution was given to the registered disability worker. (3) The Register must include the following information for each disability worker whose registration is cancelled— (a) the fact that the disability worker's registration is cancelled; (b) the grounds on which the registration is cancelled; (c) if the Board's hearing of the matter was open to the public, details of the conduct that formed the basis of the cancellation. 247 Board may decide not to include or to remove certain information in Register (1) Despite anything to the contrary in section 246, the Board is not required to include in the Register certain information referred to in that section if— (a) the registered disability worker has an impairment in relation to which a condition is imposed on the disability worker's registration, or in relation to which the disability worker has made an undertaking, and the Board is satisfied that there is no overriding public interest for details of the condition or the undertaking to be recorded; or (b) the Board reasonably believes that the inclusion of the information in the Register would present a serious risk to the health or -- 203 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 192 Authorised by the Chief Parliamentary Counsel safety of the registered disability worker or another person; or (c) the Board believes it is otherwise not in the public interest to publish the information. (2) A registered disability worker may apply to the Board to remove certain information recorded in the Register if— (a) the registered disability worker has an impairment in relation to which a condition is imposed on the disability worker's registration, or in relation to which the disability worker has made an undertaking, and the Board is satisfied that there is no overriding public interest for details of the condition or the undertaking to be recorded; or (b) the disability worker believes the inclusion of the information in the Register would present a serious risk to the health or safety of the disability worker or another person. 248 Inspection of Register (1) The Board— (a) must keep the Register open for inspection, free of charge, by members of the public— (i) at its offices during ordinary office hours; and (ii) on the Board's Internet site; and (b) must give a person an extract from the Register on payment of the relevant fee; and (c) may give a person a copy of the Register on payment of the relevant fee. -- 204 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 193 Authorised by the Chief Parliamentary Counsel (2) The Board may give a person a copy of the Register under subsection (1)(c) only if the Board is satisfied it would be in the public interest to do so. (3) The Board may waive, wholly or partly, the payment of a fee by a person under subsection (1)(b) or (c) if the Board considers it appropriate in the circumstances. Division 3—Disability Students Register 249 Disability Students Register (1) The Board must keep a Disability Students Register that includes the name of all persons currently registered as disability students by the Board. (2) The Disability Students Register must not be open for inspection by the public. 250 Information to be recorded in Disability Students Register (1) Subject to this Division, the Disability Students Register may be kept in the way which the Board considers appropriate. (2) The Disability Students Register must include the following information for each disability student whose name is included in the Disability Students Register— (a) the disability student's name; (b) the disability student's date of birth; (c) the disability student's sex; (d) the disability student's postal address and any other contact details; (e) the name of the education provider that is providing the approved program of study being undertaken by the disability student; -- 205 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 194 Authorised by the Chief Parliamentary Counsel (f) the date on which the disability student was first registered under this Act; (g) the date on which the disability student started the approved program of study; (h) the date on which the disability student is expected to complete the approved program of study; (i) if a condition has been imposed on the disability student's registration, details of the condition; (j) if the Board has accepted an undertaking from the disability student, details of the undertaking; (k) any other information that the Board considers appropriate. Division 4—Register of Prohibition Orders 251 Register of Prohibition Orders (1) The Commission must keep a public register of all persons in relation to whom an interim prohibition order is made under section 130 or a prohibition order is made under section 132. (2) The Register of Prohibition Orders must— (a) be kept in a way that ensures it is up-to-date and accurate; and (b) include the following details against the name of the person to whom a prohibition order applies— (i) any current interim prohibition order made under section 130 or prohibition order under section 132; (ii) the period for which the interim prohibition order or prohibition order is in force; -- 206 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 195 Authorised by the Chief Parliamentary Counsel (iii) if the prohibition is limited to specified disability services, a description of those services; (iv) if the interim prohibition order or prohibition order imposes conditions on the provision of disability services, a description of those conditions; and (c) be available on the Internet site of the Commission. (3) The Register of Prohibition Orders may be inspected at the office of the Board by any person during ordinary office hours without charge. (4) A person may obtain a copy of or an extract from the Register of Prohibition Orders without charge. Division 5—Other records 252 Other records to be kept by Board The Board must keep a record of the following information for each registered disability worker— (a) information that identifies the disability worker; (b) the registered disability worker's contact details; (c) information about the disability worker's registration and any endorsement; (d) information about any previous registration of the disability worker outside Victoria as a disability worker; (e) information about any notification or complaint made about the disability worker and any investigation and health, conduct or performance action taken as a result of the notification or complaint; -- 207 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 196 Authorised by the Chief Parliamentary Counsel (f) information about the disability worker's professional indemnity insurance arrangements; (g) information about any check carried out by the Board about the registered disability worker's criminal history and identity, including the nature of the check carried out, when it was carried out and the nature of the information provided by the check. 253 Record of adjudication decisions to be kept and made publicly available (1) The Board must keep and publish on its Internet site a record of decisions or determinations made by— (a) panels established by the Board; and (b) VCAT that relate to registered disability workers or disability students. (2) The record must be kept— (a) in a way that does not identify persons involved in the matter, unless the determination was made by VCAT and the hearing was open to the public; and (b) otherwise in the way decided by the Board. Division 6—Identity checks, criminal checks and NDIS checks 254 Evidence of identity (1) The Board, at any reasonable time, may require a registered disability worker or disability student to provide evidence to the Board of the disability worker's or disability student's identity. (2) A registered disability worker or disability student must not, without reasonable excuse, fail to comply with the requirement under subsection (1). -- 208 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 197 Authorised by the Chief Parliamentary Counsel (3) A contravention of subsection (2) by a registered disability worker or disability student does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. 255 Power to check evidence of identity provided (1) If an applicant for registration or a registered disability worker or disability student gives the Board a document as evidence of identity under section 151 or 254, as the case requires, the Board by written notice may request the entity that issued the document— (a) to confirm the validity of the document; or (b) to give the Board other information relevant to the disability worker's or disability student's identity. (2) An entity given a notice under subsection (1) is authorised to provide the information requested. 256 Power to obtain criminal history report (1) The Board or the Commission, as the case requires, may request by notice an entity referred to in subsection (2) to provide a written report about criminal history of— (a) an applicant for registration or a person whom the Board is considering whether to register as a disability student; or (b) a registered disability worker or a disability student; or (c) an unregistered disability worker. (2) A criminal history report referred to in subsection (1) may be requested from any of the following entities— (a) the ACC; -- 209 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 198 Authorised by the Chief Parliamentary Counsel (b) the Chief Commissioner; (c) an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction. (3) Without limiting subsection (1), a criminal history report may be requested— (a) to enable the Board to check a statement made by a registered disability worker or disability student in the application for renewal of registration; or (b) as part of an audit carried out by the Board, to check statements made by registered disability workers or disability students; or (c) to enable the Commissioner to determine whether to make an interim prohibition order or prohibition order in relation to an unregistered disability worker. (4) A criminal history law does not apply to a criminal history report. (5) An entity to which a notice under subsection (1) is given is authorised to give the Board or the Commission, as the case requires, the information requested in the notice. (6) For the purpose of a request under subsection (1), the Board or the Commission, as the case requires, may give the entity any information concerning the applicant, registered disability worker, disability student or disability worker that is necessary to conduct a check on any criminal record of that person. 257 NDIS worker screening check clearance (1) For the purposes of determining whether to make an interim prohibition order or a prohibition order in relation to an unregistered disability worker, the Commission— -- 210 of 333 -- Part 15—Information and privacy Disability Service Safeguards Act 2018 No. 38 of 2018 199 Authorised by the Chief Parliamentary Counsel (a) may request an NDIS worker screening agency to give the Commission information concerning any NDIS worker screening check clearance in relation to the disability worker; and (b) for the purpose of the request, may give the NDIS worker screening agency any information concerning the disability worker that is necessary to conduct an NDIS worker screening check clearance on the disability worker. (2) For the purposes of determining whether to register a person as a disability worker or a disability student or to impose conditions, endorse registration or suspend or cancel registration, the Board— (a) may request an NDIS worker screening agency to give the Board information concerning any NDIS worker screening check clearance in relation to the disability worker; and (b) for the purpose of the request, may give the NDIS worker screening agency any information concerning the disability worker that is necessary to conduct an NDIS worker screening check clearance on the disability worker. (3) On a request under subsection (1) or (2), the NDIS worker screening agency may give the information sought to the Commission or the Board, as the case requires. -- 211 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 200 Authorised by the Chief Parliamentary Counsel Part 16—Offences and general provisions Division 1—Offences 258 Restriction on use of protected titles (1) A person who is not a registered disability worker must not knowingly or recklessly take or use one of the following titles in a way that could reasonably be expected to induce a belief that the person is a registered disability worker— (a) registered disability worker; (b) registered disability support worker; (c) registered disability practitioner. Penalty: 200 penalty units. (2) A person who is not a registered disability worker must not knowingly or recklessly take or use a prescribed title in a way that could reasonably be expected to induce a belief that the person is a registered disability worker. Penalty: 200 penalty units. (3) A person must not knowingly or recklessly use one or more of the following titles in relation to another person who is not a registered disability worker in a way that could reasonably be expected to induce a belief that the other person is a registered disability worker— (a) registered disability worker; (b) registered disability support worker; (c) registered disability practitioner. Penalty: 200 penalty units in the case of a natural person; 400 penalty units in the case of a body corporate. -- 212 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 201 Authorised by the Chief Parliamentary Counsel (4) A person must not knowingly or recklessly use a prescribed title in relation to another person who is not a registered disability worker in a way that could reasonably be expected to induce a belief that the other person is a registered disability worker. Penalty: 200 penalty units in the case of a natural person; 400 penalty units in the case of a body corporate. (5) Subsections (1), (2), (3) and (4) apply whether or not the title is taken or used with or without any other words and whether in English or any other language. 259 Claims about type of registration or endorsement or qualification to hold type of registration or endorsement (1) A registered disability worker must not knowingly or recklessly claim to hold a type of registration or endorsement under this Act that the disability worker does not hold. Penalty: 200 penalty units. (2) A registered disability worker must not knowingly or recklessly claim to be qualified to hold a type of registration or endorsement under this Act for which the disability worker is not qualified. Penalty: 200 penalty units. (3) A contravention of subsection (1) or (2) by a registered disability worker may constitute behaviour for which health, conduct or performance action may be taken. -- 213 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 202 Authorised by the Chief Parliamentary Counsel (4) A person must not knowingly or recklessly claim that another person holds a type of registration or endorsement under this Act that the other person does not hold. Penalty: 200 penalty units in the case of a natural person; 400 penalty units in the case of a body corporate. (5) A person must not knowingly or recklessly claim that another person is qualified to hold a type of registration or endorsement under this Act that the other person is not qualified to hold. Penalty: 200 penalty units in the case of a natural person; 400 penalty units in the case of a body corporate. 260 Claims about division of Register (1) A registered disability worker must not knowingly or recklessly claim to be registered in a division of the Register other than the division of the Register in which the registered disability worker is registered. Penalty: 200 penalty units. (2) A contravention of subsection (1) by a registered disability worker may constitute behaviour for which health, conduct or performance action may be taken. -- 214 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 203 Authorised by the Chief Parliamentary Counsel (3) A person must not knowingly or recklessly claim that another person is registered in a division of the Register other than the division of the Register in which the registered disability worker is registered. Penalty: 200 penalty units in the case of a natural person; 400 penalty units in the case of a body corporate. 261 Restriction to provide prescribed disability service A person must not carry out a prescribed disability service unless— (a) the person is a registered disability worker; or (b) the person belongs to a prescribed class of disability students; or (c) the person does so in a prescribed circumstance. Penalty: 200 penalty units in the case of a natural person; 400 penalty units in the case of a body corporate. 262 Directing or inciting unprofessional conduct or professional misconduct A person must not direct or incite a registered disability worker to do anything in the course of practising as a disability worker that amounts to unprofessional conduct or professional misconduct. Penalty: 200 penalty units in the case of a natural person; 400 penalty units in the case of a body corporate. -- 215 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 204 Authorised by the Chief Parliamentary Counsel 263 Offence for contravention of interim prohibition order A disability worker to whom an interim prohibition order applies must comply with the order. Penalty: 240 penalty units or 2 years imprisonment or both. 264 Offence for contravention of prohibition order A disability worker to whom a prohibition order applies must comply with the order. Penalty: 240 penalty units or 2 years imprisonment or both. 265 Offence to contravene VCAT order A person must comply with a prohibition order made by VCAT under section 213(5)(b). Penalty: 240 penalty units or 2 years imprisonment or both. 266 Offence to provide certain services if prohibited from doing so in another State or a Territory A person must not provide a disability service if, in another State or in a Territory of the Commonwealth, the person is prohibited from providing a service in the nature of a disability service. Penalty: 240 penalty units or 2 years imprisonment or both. 267 Advertising offences (1) A person must not advertise a disability service to be provided by a person to whom an interim prohibition order or a prohibition order applies unless the advertisement states that the person -- 216 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 205 Authorised by the Chief Parliamentary Counsel is subject to an interim prohibition order or a prohibition order, as the case requires. Penalty: 240 penalty units or 2 years imprisonment or both. (2) A person must not advertise a disability service to be provided by a registered disability worker in a way that— (a) is false, misleading or deceptive or is likely to be misleading or deceptive; or (b) offers a gift, discount or other inducement to attract a person to use the service, unless the advertisement also states the terms and conditions of the offer; or (c) uses testimonials or purported testimonials about the service or business; or (d) creates an unreasonable expectation of beneficial treatment; or (e) directly or indirectly encourages the indiscriminate or unnecessary use of disability services. Penalty: 30 penalty units in the case of a natural person; 60 penalty units in the case of a body corporate. (3) A person does not commit an offence against this section merely because the person, as part of the person's business, prints or publishes an advertisement for another person. (4) In a proceeding for an offence against this section, a court may have regard to a registration standard, code or guideline approved by the Board about the advertising of disability services. -- 217 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 206 Authorised by the Chief Parliamentary Counsel 268 Offence to fail to produce information or attend before authorised officer or investigator (1) A person required to give information to an authorised officer under section 220 or 221 or an investigator under section 84 must not fail, without reasonable excuse, to give the information as required by the notice. Penalty: 30 penalty units in the case of a natural person; 60 penalty units in the case of a body corporate. (2) A person is not liable to be prosecuted for an offence against subsection (1) if the authorised officer or investigator failed to comply with a relevant requirement in the applicable provision. (3) A person given a notice to attend before an authorised officer or an investigator must not fail, without reasonable excuse, to attend as required by the notice. Penalty: 30 penalty units in the case of a natural person; 60 penalty units in the case of a body corporate. (4) A person given a notice to attend before an authorised officer or an investigator must not fail, without reasonable excuse, to continue to attend as required by the authorised officer or investigator until excused from further attendance. Penalty: 30 penalty units in the case of a natural person; 60 penalty units in the case of a body corporate. -- 218 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 207 Authorised by the Chief Parliamentary Counsel (5) A person given a notice to attend before an authorised officer or an investigator must not fail, without reasonable excuse, to answer a question that the person is asked by the authorised officer or investigator. Penalty: 30 penalty units in the case of a natural person; 60 penalty units in the case of a body corporate. (6) A person given a notice to attend before an authorised officer or an investigator must not fail, without reasonable excuse, to produce a document the person is required to produce by the notice. Penalty: 30 penalty units in the case of a natural person; 60 penalty units in the case of a body corporate. 269 Offences for failing to comply with requirement under section 229 (1) A person required to give reasonable assistance under section 228(1)(f) must comply with the requirement, unless the person has a reasonable excuse. Penalty: 30 penalty units in the case of a natural person; 60 penalty units in the case of a body corporate. -- 219 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 208 Authorised by the Chief Parliamentary Counsel (2) A person of whom a requirement is made under section 228(1)(g) must comply with the requirement, unless the person has a reasonable excuse. Penalty: 30 penalty units in the case of a natural person; Penalty: 60 penalty units in the case of a body corporate. 270 False or misleading information or documents (1) A person must not provide information to an authorised officer or investigator that the person knows is false or misleading in a material particular. Penalty: 30 penalty units in the case of a natural person; 60 penalty units in the case of a body corporate. (2) Subject to subsection (3), a person must not give an authorised officer or investigator a document containing information that the person knows is false or misleading in a material particular. Penalty: 30 penalty units in the case of a natural person; 60 penalty units in the case of a body corporate. (3) A person may give an authorised officer or investigator a document containing information that the person knows is false or misleading in a material particular if the person, when giving the document— (a) informs the authorised officer or investigator, as the case requires, to the best of the person's ability, how it is false or misleading; and -- 220 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 209 Authorised by the Chief Parliamentary Counsel (b) gives the correct information to the authorised officer or investigator, as the case requires, if the person has, or can reasonably obtain, the correct information. 271 Obstructing authorised officers or investigators (1) A person must not obstruct an authorised officer in the exercise of a power under this Act unless the person has a reasonable excuse. Penalty: 30 penalty units in the case of a natural person; 60 penalty units in the case of a body corporate. (2) A person must not obstruct an investigator in the exercise of a power under this Act unless the person has a reasonable excuse. Penalty: 30 penalty units in the case of a natural person; 60 penalty units in the case of a body corporate. (3) If a person has obstructed an authorised officer or investigator in the exercise of a power under this Act and the authorised officer or investigator, as the case requires, decides to proceed with the exercise of the power, the authorised officer or investigator must warn the person that— (a) it is an offence to obstruct the authorised officer or investigator unless the person has a reasonable excuse; and (b) the authorised officer or investigator considers that the person's conduct is an obstruction. (4) In this section— obstruct includes hinder and attempt to obstruct or hinder. -- 221 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 210 Authorised by the Chief Parliamentary Counsel 272 Offence to impersonate authorised officer or investigator (1) A person who is not an authorised officer must not impersonate, or in any other way purport to be, an authorised officer. Penalty: 30 penalty units. (2) A person who is not an investigator must not impersonate, or in any other way purport to be, an investigator. Penalty: 30 penalty units. 273 Protection against self-incrimination (1) Subject to subsection (2), a natural person may refuse or fail to give information or do any other thing that the person is required to do by or under this Act or the regulations if giving the information or doing the other thing would tend to incriminate the person. (2) Subsection (1) does not apply to— (a) the production of a document or part of a document that the person is required by this Act or the regulations to produce; or (b) the giving of a person's name or address in accordance with this Act or the regulations. 274 Power to bring proceedings The following persons may bring a proceeding for an offence against this Act or the regulations— (a) the Commissioner; (b) a person appointed to act as the Commissioner under section 29; (c) a police officer; -- 222 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 211 Authorised by the Chief Parliamentary Counsel (d) any person employed by the Commission who is authorised by the Commission to bring a proceeding. 275 Conduct may constitute offence and be subject of disciplinary proceedings (1) If a person's behaviour constitutes an offence against this Act, the regulations or another Act and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Act— (a) the fact that a proceeding for an offence has been commenced in relation to the behaviour does not prevent a proceeding being commenced before an adjudication body under this Act for the same behaviour; and (b) the fact that a proceeding has been commenced before an adjudication body under this Act in relation to the conduct does not prevent a proceeding for an offence being brought for the same behaviour. (2) If a person's behaviour may be dealt with by a health complaints entity (including a prescribed interstate health complaints entity) and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Act, the fact that the behaviour has been dealt with by the health complaints entity does not prevent a proceeding being commenced before an adjudication body under this Act for the same behaviour. -- 223 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 212 Authorised by the Chief Parliamentary Counsel Division 2—Finance 276 Regulatory management agreement (1) The Board must enter into a regulatory management agreement with the Commission that makes provision for the following— (a) the fees payable under this Act by disability workers and disability students (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment); (b) the annual budget of the Board; (c) the services to be provided to the Board by the Commission to enable the Board to carry out its functions under this Act. (2) If the Commission and the Board are unable to agree on a matter relating to the regulatory management agreement or a proposed regulatory management agreement, the Minister may give directions to the Commission and the Board about how the dispute is to be resolved. (3) The Board must publish on its Internet site the fees for which provision has been made in a regulatory management agreement between the Board and the Commission. 277 Disability Worker Regulation Fund (1) The Disability Worker Regulation Fund is established. (2) The Disability Worker Regulation Fund is a fund to be administered by the Commission. (3) The Disability Worker Regulation Fund is to have— (a) a separate account for the Board for matters relating to the Board's functions; and -- 224 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 213 Authorised by the Chief Parliamentary Counsel (b) a separate account for the Commission for matters relating to the Commission's and the Commissioner's functions. (4) The Commission may establish accounts with any financial institution for money in the Disability Worker Regulation Fund. (5) The Disability Worker Regulation Fund does not form part of the consolidated fund. 278 Payments into Disability Worker Regulation Fund There is payable into the Disability Worker Regulation Fund— (a) all fees, fines and penalties paid to, or recovered by, the Board or the Commission under this Act; and (b) any other money received by the Board, including income from the investments of the Fund administered by the Commission and grants, gifts and donations received by the Board; and (c) any other money received by the Commission from the Public Account. 279 Payments out of Disability Worker Regulation Fund (1) For each financial year, the Commission and VCAT must agree to the amount of payments to be made from the Disability Worker Regulation Fund to VCAT to meet VCAT's expenses in performing its functions under this Act in relation to registered disability workers, disability students and unregistered disability workers. (2) Payments may be made from the Disability Worker Regulation Fund for the following purposes— (a) the expenses incurred by the Board in carrying out its functions, powers and duties; -- 225 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 214 Authorised by the Chief Parliamentary Counsel (b) any payments to be made to members of the Board under this Act and any payments to be made to other persons under this Act (other than in relation to provisions relating solely to persons who are not registered disability workers or disability students); (c) an amount payable from the account for the Board and agreed to under subsection (1) for each financial year to meet the expenses of VCAT in performing its functions under this Act in relation to registered disability workers and disability students; (d) an amount payable from the account for the Commission and agreed to under subsection (1) for each financial year to meet the expenses of VCAT in performing its functions under this Act in relation to unregistered disability workers; (e) any other payments recommended by the Commission and approved by the Minister. 280 Investment powers The Commission may invest money credited to the Disability Worker Regulation Fund that it does not immediately require— (a) in any manner in which money may be invested under the Trustee Act 1958; or (b) in any other manner that the Minister approves. 281 Repayment of advances (1) The Commission must pay into the Public Account any amounts that the Minister administering section 14 of the Financial Management Act 1994, in consultation with the Treasurer, decides are required to repay advances -- 226 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 215 Authorised by the Chief Parliamentary Counsel from the Public Account for the operation of the Commission or the Board. (2) Payments under subsection (1) must be made in accordance with any other terms and conditions from time to time decided by the Minister administering section 14 of the Financial Management Act 1994 in consultation with the Treasurer. (3) The Commission, as and when directed to do so by the Minister administering section 14 of the Financial Management Act 1994, must provide a plan for the repayment of advances referred to in subsection (1). (4) The Commission, at any time that the Minister administering section 14 of the Financial Management Act 1994 directs it to do so, must report in writing to the Minister on its progress in making payments under subsection (1). 282 Powers of Board in relation to fees (1) In the case of any fee which the Board is empowered to fix under this Act, the Board— (a) must fix the fee for a period of 12 months and may increase or decrease the fee at the end of that period; and (b) may fix a different fee for a different case and may allow for the reduction, waiver or refund, in whole or in part, of any fee; and (c) must publish any fee it has fixed in the Government Gazette and on the Board's Internet site. (2) In fixing fees under this Act, the Board— (a) must comply with any direction made by the Minister in relation to fees; and -- 227 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 216 Authorised by the Chief Parliamentary Counsel (b) may take into account whether the amount of money collected in fees under this Act is sufficient to cover the cost to the Board of carrying out its functions under this Act. (3) The Minister may give directions to the Board in relation to fees which the Board is empowered to fix under this Act. 283 Compensation (1) A person may claim compensation from the Commission if the person incurs loss or expense because of the exercise or purported exercise of a power under this Act by an authorised officer or an investigator. (2) Without limiting subsection (1), compensation may be claimed for loss or expense incurred as a result of complying with a requirement made of the person under this Act. (3) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed. (4) A court may order compensation to be paid if it is satisfied that it is fair to make the order in the circumstances of the particular case. Division 3—Provisions relating to persons exercising functions under Act 284 General duties of persons exercising functions under this Act (1) A person exercising functions under this Act, when exercising the functions, must act honestly and with integrity. -- 228 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 217 Authorised by the Chief Parliamentary Counsel (2) A person exercising functions under this Act must exercise the person's functions under this Act— (a) in good faith; and (b) in a financially responsible manner; and (c) with a reasonable degree of care, diligence and skill. (3) A person exercising functions under this Act must not make improper use of the person's position or of information that comes to the person's knowledge in the course of, or because of, the person's exercise of the functions to gain an advantage for the person or another person. 285 Protection from liability for person exercising functions (1) A protected person is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the performance of a function under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act. (2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the protected person attaches instead to the State. (3) In this section— protected person means any of the following— (a) the Commissioner; (b) a person appointed as acting Commissioner under section 29; (c) a member of the Board; (d) a member of a panel; -- 229 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 218 Authorised by the Chief Parliamentary Counsel (e) a person employed or engaged under section 24; (f) an authorised officer; (g) an investigator. Division 4—Regulations 286 Regulations (1) The Governor in Council may make regulations for or with respect to the following matters— (a) the registration of disability workers and disability students, including applications for registration, periods of registration and renewal of registration; (b) the Register, including but not limited to the following— (i) particulars to be noted on the Register; (ii) the divisions of the Register; (c) the restriction on provision of specified disability by services by persons other than disability workers with suitable qualifications or experience; (d) time limits for the purposes of this Act; (e) forms to be used for the purposes of this Act; (f) fees for the purposes of this Act; (g) the Register of Disability Workers and the Disability Students Register, including divisions of those Registers; (h) the keeping and the form of any records or other documents as may be necessary for the administration of this Act; -- 230 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 219 Authorised by the Chief Parliamentary Counsel (i) the collection, provision, transfer, disclosure or use of information for the purposes of this Act; (j) persons or classes of persons necessary to be prescribed for the purposes of this Act; (k) penalties, not exceeding 10 penalty units, for contraventions of the regulations; (l) prescribing a code of conduct for unregistered disability workers; (m) prescribing services as exempt services; (n) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) Regulations made under this Act— (a) may be of limited or general application; and (b) may differ according to differences in time, place or circumstance; and (c) may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such extent as is specified; and (d) in the case of a regulation made under subsection (1)(j), may provide for different classes of member; and (e) may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons; and (f) may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, -- 231 of 333 -- Part 16—Offences and general provisions Disability Service Safeguards Act 2018 No. 38 of 2018 220 Authorised by the Chief Parliamentary Counsel specification or method formulated, issued, prescribed or published by any person— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time. -- 232 of 333 -- Part 17—Transitional and consequential provisions Disability Service Safeguards Act 2018 No. 38 of 2018 221 Authorised by the Chief Parliamentary Counsel Part 17—Transitional and consequential provisions Division 1—Transitional provisions 287 Transitional provisions (1) Despite section 10(2)(b), a person is eligible for appointment as a registered disability worker member of the first Board appointed after this section comes into operation if the Minister believes that the person has skills and experience that are relevant to the Board's functions. (2) For the purposes of section 154(1)(a), an individual who applies for registration as a disability worker before 30 September 2022 is qualified for registration if— (a) the individual— (i) holds a qualification or has completed training as a disability worker, whether in Victoria or elsewhere, that the Board considers is adequate for the purposes of providing disability services; or (ii) has provided disability services of a kind related to the type of registration applied for at any time between 30 September 2019 and 30 September 2022 for a consecutive period of 2 years or for any periods which together amount to 2 years; and (b) the individual has satisfied the Board that the individual is professionally competent as a disability worker. (3) Subsection (2) applies despite anything to the contrary in section 155. -- 233 of 333 -- Part 17—Transitional and consequential provisions Disability Service Safeguards Act 2018 No. 38 of 2018 222 Authorised by the Chief Parliamentary Counsel Division 2—Consequential amendments 288 Health Complaints Act 2016 amendments (1) After section 90(1) of the Health Complaints Act 2016 insert— "(1A) The Commissioner may make an order prohibiting a person who is subject to a prohibition order or interim prohibition order made under the Disability Service Safeguards Act 2018 from providing all or any specified general health services for up to 12 weeks if a copy of the prohibition order or interim prohibition order made under the Disability Service Safeguards Act 2018 was given to the Commission under section 130(2)(b) or 132(2)(b) of that Act.". (2) In section 90(2) and (3) of the Health Complaints Act 2016, for "general health service provider" substitute "person". (3) In section 91 of the Health Complaints Act 2016, after "interim prohibition order" insert "in relation to a general health service provider ". (4) In section 91(a)(ii) of the Health Complaints Act 2016, for "and" substitute "or". (5) After section 91(a)(ii) of the Health Complaints Act 2016 insert— "(iii) the general health service provider is subject to a prohibition order or interim prohibition order made under the Disability Service Safeguards Act 2018; and". (6) At the end of section 91 of the Health Complaints Act 2016 insert— "(2) The Commissioner must not make an interim prohibition order in relation to a person referred to in section 90(1A) unless the -- 234 of 333 -- Part 17—Transitional and consequential provisions Disability Service Safeguards Act 2018 No. 38 of 2018 223 Authorised by the Chief Parliamentary Counsel Commissioner is satisfied that it is necessary to make the order to avoid a serious risk to— (a) the life, health, safety or welfare of a person; or (b) the health, safety or welfare of the public.". (7) In sections 92(1)(a) and 93 of the Health Complaints Act 2016, for "general health service provider" substitute "person". (8) In section 94(2)(a) of the Health Complaints Act 2016, for "general health service provider" substitute "person to whom the order applies". (9) In section 94(3)(a) of the Health Complaints Act 2016, for "general health service provider" substitute "person". (10) After section 95(1) of the Health Complaints Act 2016 insert— "(1A) The Commissioner may make an order prohibiting a person who is subject to a prohibition order or interim prohibition order made under the Disability Service Safeguards Act 2018 from providing all or any specified general health services permanently or for the period specified by the Commission in the order if a copy of the prohibition order or interim prohibition order made under the Disability Service Safeguards Act 2018 was given to the Commission under section 130(2)(b) or 132(2)(b) of that Act.". (11) In section 95(2) and (3) of the Health Complaints Act 2016, for "general health service provider" substitute "person". -- 235 of 333 -- Part 17—Transitional and consequential provisions Disability Service Safeguards Act 2018 No. 38 of 2018 224 Authorised by the Chief Parliamentary Counsel (12) In section 96 of the Health Complaints Act 2016, after "prohibition order" insert "in relation to a general health service provider". (13) In section 96(a)(ii) of the Health Complaints Act 2016, for "and" substitute "or". (14) After section 96(a)(ii) of the Health Complaints Act 2016 insert— "(iii) the general health service provider is subject to a prohibition order or interim prohibition order made under the Disability Service Safeguards Act 2018; and". (15) At the end of section 96 of the Health Complaints Act 2016 insert— "(2) The Commissioner must not make a prohibition order in relation to a person referred to in section 95(1A) unless the Commissioner is satisfied that it is necessary to make the order to avoid a serious risk to— (a) the life, health, safety or welfare of a person; or (b) the health, safety or welfare of the public.". (16) In sections 97(1)(a) and 98 of the Health Complaints Act 2016, for "general health service provider" substitute "person". (17) In section 99(2)(a) of the Health Complaints Act 2016, for "general health service provider" substitute "person to whom the order applies". (18) In section 99(3)(a) and (4) of the Health Complaints Act 2016, for "general health service provider" substitute "person". (19) In section 100(2)(a) of the Health Complaints Act 2016, for "general health service provider" substitute "person to whom the order applies". -- 236 of 333 -- Part 17—Transitional and consequential provisions Disability Service Safeguards Act 2018 No. 38 of 2018 225 Authorised by the Chief Parliamentary Counsel (20) In section 100(3)(a) and (4) of the Health Complaints Act 2016, for "general health service provider" substitute "person". (21) In section 101(1) and (2)(a) of the Health Complaints Act 2016, for "general health service provider" substitute "person". 289 Health Complaints Act 2016—new section 91A After section 91 of the Health Complaints Act 2016 insert— "91A Show cause process (1) If the Commissioner proposes to make an interim prohibition order under section 90(1A), the Commissioner— (a) must give a written notice of the proposed order to the person to whom that order is to apply; and (b) must invite the person to make a written or verbal submission to the Commissioner, within the reasonable time stated in the notice, about the proposed order. (2) After considering any submission made by the person in accordance with subsection (1), the Commissioner must decide whether— (a) to take no action in relation to the matter; or (b) to make the interim prohibition order.". -- 237 of 333 -- Part 17—Transitional and consequential provisions Disability Service Safeguards Act 2018 No. 38 of 2018 226 Authorised by the Chief Parliamentary Counsel 290 Health Complaints Act 2016—new section 95A After section 95 of the Health Complaints Act 2016 insert— "95A Show cause process (1) If the Commissioner proposes to make a prohibition order under section 95(1A), the Commissioner— (a) must give a written notice of the proposed order to the person to whom that order is to apply; and (b) must invite the person to make a written or verbal submission to the Commissioner, within the reasonable time stated in the notice, about the proposed order. (2) After considering any submission made by the person in accordance with subsection (1), the Commissioner must decide whether— (a) to take no action in relation to the matter; or (b) to make the prohibition order.". 291 Ombudsman Act 1973 (1) After item 37 of Schedule 1 to the Ombudsman Act 1973 insert— "38 Victorian Disability Worker Commission Victorian Disability Worker Commissioner Minister administering the Disability Service Safeguards Act 2018". (2) After item 23 in Schedule 3 of the Ombudsman Act 1973 insert— "24 The Victorian Disability Worker Commission". -- 238 of 333 -- Part 17—Transitional and consequential provisions Disability Service Safeguards Act 2018 No. 38 of 2018 227 Authorised by the Chief Parliamentary Counsel 292 Public Administration Act 2004 After section 6(1)(i) of the Public Administration Act 2004 insert— "(ia) the Victorian Disability Worker Commissioner;". -- 239 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 228 Authorised by the Chief Parliamentary Counsel Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Division 1—New Part 12A inserted 293 New Part 12A inserted After Part 12 of the Residential Tenancies Act 1997 insert— "Part 12A—Specialist disability accommodation Division 1—Preliminary 498B Definitions In this Part— community visitor has the same meaning as in the Disability Act 2006; CoS supported accommodation client means an older person— (a) who is receiving continuity of supports under the Commonwealth Continuity of Support Programme in respect of specialist disability services for older people; and (b) who is not an NDIS participant; NDIA means the National Disability Insurance Scheme Launch Transition Agency established under the National Disability Insurance Scheme Act 2013 of the Commonwealth; -- 240 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 229 Authorised by the Chief Parliamentary Counsel NDIS means the National Disability Insurance Scheme within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; NDIS participant means a person who is a participant in the NDIS; NDIS Quality and Safeguards Commission means the NDIS Quality and Safeguards Commission established under section 181A of the National Disability Insurance Scheme Act 2013 of the Commonwealth; rent means an amount paid to an SDA provider by an SDA resident to occupy an SDA enrolled dwelling and use facilities and services; SDA enrolled dwelling has the same meaning as it has in section 3(1); SDA provider means a person— (a) registered under the NDIS to be a registered provider of supports, including the provision of an SDA enrolled dwelling; and (b) who is the owner or leaseholder of an SDA enrolled dwelling; SDA recipient means an NDIS participant who is funded to reside in an SDA enrolled dwelling; SDA residency agreement means an agreement entered into or established under section 498F between an SDA provider and an SDA resident in respect of an SDA enrolled dwelling; -- 241 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 230 Authorised by the Chief Parliamentary Counsel SDA resident means— (a) a person who is an SDA recipient; or (b) a person who is a CoS supported accommodation client; SDA resident's administrator means the SDA resident's attorney appointed under an enduring power of attorney under the Powers of Attorney Act 2014 to administer the SDA resident's property or a person appointed by a court or tribunal as the administrator of the SDA resident's property; SDA resident's guardian means a resident's guardian within the meaning of the Disability Act 2006; Senior Practitioner has the same meaning as in the Disability Act 2006; Supported Independent Living provider means a person registered under the NDIS to be a registered provider of supports, including supported independent living assistance; support plan means an SDA resident's plan that is in effect under section 37 of the National Disability Insurance Scheme Act 2013 of the Commonwealth. 498C When does Part not apply to occupation of SDA enrolled dwelling (1) Subject to Division 2, nothing in this Part affects the right of any of the following persons to enter into a tenancy agreement in respect of an SDA enrolled dwelling with an SDA provider by mutual agreement— -- 242 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 231 Authorised by the Chief Parliamentary Counsel (a) an SDA resident; (b) any person who is not an SDA resident. (2) If an SDA provider and SDA resident have entered into a tenancy agreement in respect of an SDA enrolled dwelling, this Part (other than Division 2 to the extent specified in that Division) does not apply to the occupation of that SDA enrolled dwelling by the SDA resident while the tenancy agreement continues. Division 2—Provision of information 498D Information statement required to be given to SDA resident (1) An SDA provider must give an SDA resident an information statement containing the prescribed details at least 7 days before— (a) entering into a tenancy agreement with the SDA resident; or (b) entering into an SDA residency agreement with the SDA resident; or (c) establishing an SDA residency agreement with the SDA resident. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. Note Section 498F(3) sets out when an SDA residency agreement is established. (2) Subsection 3 applies to an SDA provider if— (a) the SDA provider has entered into a tenancy agreement with a tenant; and -- 243 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 232 Authorised by the Chief Parliamentary Counsel (b) the tenant has sought the written consent of the SDA provider to sub-let the SDA enrolled dwelling to an SDA resident in accordance with section 81. (3) Before consenting to the sublease of an SDA enrolled dwelling, the SDA provider must give any SDA resident that may become a sublessee an information statement containing the prescribed details. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. 498E Explaining notices or information given to SDA residents under this Part (1) The contents of any notice given or information provided to an SDA resident under this Part must be explained by the person giving the notice or providing the information to the SDA resident in the language, mode of communication and terms which the SDA resident is most likely to understand. (2) An explanation given under subsection (1) must, if reasonable, be given both orally and in writing. (3) If it appears that an SDA resident would benefit from support or requires support to understand a notice given or information provided under this Part, an SDA provider must use reasonable endeavours to convey the information or contents of the notice to the SDA resident in the language, mode of communication or terms which the SDA resident is most likely to understand. -- 244 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 233 Authorised by the Chief Parliamentary Counsel (4) If it appears that an SDA resident would benefit from support or requires support to understand a notice given or information provided under this Part, an SDA provider may give a copy of the notice or information— (a) to a family member, carer, guardian, advocate or other person chosen by the SDA resident; or (b) if no person is chosen under paragraph (a), to a person who the SDA provider considers can assist the SDA resident and is not employed by, or a representative of, the SDA provider. Division 3—SDA residency agreements 498F Agreement for provision of SDA enrolled dwelling (1) Subject to subsection (4), for the purposes of providing an SDA enrolled dwelling to an SDA resident in accordance with this Part, an SDA provider must— (a) enter into an SDA residency agreement with the SDA resident before the SDA resident occupies the SDA enrolled dwelling; or (b) work with the SDA resident in accordance with section 498G to establish an SDA residency agreement before the SDA resident occupies the SDA enrolled dwelling. (2) An SDA resident must sign an SDA residency agreement entered into under subsection (1)(a). -- 245 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 234 Authorised by the Chief Parliamentary Counsel (3) An SDA residency agreement referred to in subsection (1)(b) is taken to be established when— (a) the SDA provider has complied with section 498G; and (b) the SDA residency agreement is given to the SDA resident in accordance with section 498H. (4) An SDA provider is not required to comply with subsection (1) if the SDA provider is also an SDA resident and the sole occupant of the SDA enrolled dwelling. 498G Working with SDA resident to establish an SDA residency agreement (1) For the purposes of section 498F(1)(b), an SDA provider works with an SDA resident to establish an SDA residency agreement if the SDA provider— (a) ensures the contents of the SDA residency agreement is explained to the SDA resident in the language, mode of communication and terms which the SDA resident is most likely to understand; and (b) gives an explanation of the SDA residency agreement under paragraph (a) both orally and in writing where reasonable. (2) If it appears that an SDA resident would benefit from support or requires support to read and understand an explanation of an SDA residency agreement, the SDA provider must give a copy of the SDA residency agreement and any explanation of the SDA residency agreement to the SDA resident's -- 246 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 235 Authorised by the Chief Parliamentary Counsel guardian or the SDA resident's administrator (if any). (3) If it appears that an SDA resident would benefit from support or requires support to read and understand an explanation of an SDA residency agreement, the SDA provider may give a copy of the SDA residency agreement and any explanation of the SDA residency agreement— (a) to a family member, carer, advocate or other person chosen by the SDA resident; or (b) if no person is chosen under paragraph (a), a person who the SDA provider considers can assist the SDA resident and is not employed by, or a representative of, the SDA provider. 498H Copy of SDA residency agreement to be made available to SDA resident An SDA provider providing an SDA enrolled dwelling to an SDA resident under an SDA residency agreement (whether entered into or established), on or before the day specified in the SDA residency agreement as the day of commencement of the agreement— (a) must give the SDA resident a written copy of the SDA residency agreement; and (b) must provide a copy of the SDA residency agreement to the SDA resident's guardian or the SDA resident's administrator (if any). Penalty: 10 penalty units. -- 247 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 236 Authorised by the Chief Parliamentary Counsel 498I SDA residency agreements to be in standard form (1) An SDA residency agreement must be in the prescribed standard form and may include or refer to the following— (a) matters required by the National Disability Insurance Scheme Act 2013 of the Commonwealth; (b) matters required by any regulations, rules or instruments made under that Act. (2) An SDA provider must not prepare or authorise the preparation of an SDA residency agreement in a form that is not in the prescribed standard form. Penalty: 10 penalty units. (3) A failure to comply with this section does not make the SDA residency agreement illegal, invalid or unenforceable. 498J Content of SDA residency agreement (1) The prescribed standard form of SDA residency agreement must specify— (a) the commencement date, end date, how the agreement may be extended and how the parties may terminate the agreement; and (b) the rent, including how it is to be paid; and (c) the amount of any utilities charges, to whom those charges are to be paid and when they are due; and -- 248 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 237 Authorised by the Chief Parliamentary Counsel (d) the minimum period of notice required to be given by the SDA provider before the SDA provider can increase the rent; and (e) the name and contact details of the parties to the agreement and their agents (if any); and (f) the process for requesting repairs or maintenance to the SDA enrolled dwelling; and (g) the rights and duties of the SDA resident and SDA provider as specified in this Part; and (h) the circumstances in which an SDA provider or the SDA provider's agent is entitled to access the SDA enrolled dwelling and the notice that must be given before entry; and (i) that an SDA resident has the right to see a community visitor; and (j) the process for making complaints; and (k) any prescribed details or matters. (2) The prescribed standard form of an SDA residency agreement must not be inconsistent with the National Disability Insurance Scheme Act 2013 of the Commonwealth, and any regulations, rules or instruments made under that Act. 498K Invalid terms A term of an SDA residency agreement is invalid if it purports to exclude, restrict or modify or purports to have the effect of excluding, restricting or modifying— -- 249 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 238 Authorised by the Chief Parliamentary Counsel (a) the application to that SDA residency agreement of all or any of the provisions of this Part or any regulations made under this Act, the National Disability Insurance Scheme Act 2013 of the Commonwealth, or any regulations, rules or instruments made under that Act; or (b) the exercise of a right conferred by this Part or any regulations made under this Act, the National Disability Insurance Scheme Act 2013 of the Commonwealth, or any regulations, rules or instruments made under that Act. 498L Harsh and unconscionable terms (1) An SDA resident may apply to the Tribunal for an order declaring invalid or varying a term of the SDA residency agreement. (2) Subject to subsection (3), on an application under subsection (1), the Tribunal may by order declare invalid or vary a term of the SDA residency agreement if it is satisfied that the term is harsh or unconscionable or is such that a court exercising its equitable jurisdiction would grant relief. (3) A term of an SDA residency agreement that is required by or under the National Disability Insurance Scheme Act 2013 of the Commonwealth or any regulations, rules or instruments made under that Act, or any prescribed Act, regulations, rules or instruments must not be declared invalid under this section. (4) An order under this section has effect according to its terms. -- 250 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 239 Authorised by the Chief Parliamentary Counsel Division 4—General rights, responsibilities and duties of SDA providers and SDA residents 498M Duties of SDA provider An SDA provider who provides an SDA enrolled dwelling must— (a) take reasonable measures to ensure that SDA residents are treated with dignity and respect and with due regard to their entitlement to privacy; and (b) ensure that the SDA enrolled dwelling in which the specialist disability accommodation is provided and any fixtures and fittings are maintained in good repair; and (c) not unreasonably interfere with an SDA resident's right to privacy, to install fixtures required by the SDA resident to assist their daily living or proper use and enjoyment of the premises; and (d) take reasonable measures to ensure the security of an SDA enrolled dwelling; and (e) minimise any inconvenience or disruption to the SDA resident when undertaking repairs or renovations; and (f) take reasonable steps to ensure that any repairs or renovations are completed in a timely manner. 498N Duties of SDA resident (1) An SDA resident must— (a) maintain the SDA enrolled dwelling in a manner that does not create a fire, health or safety hazard; and -- 251 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 240 Authorised by the Chief Parliamentary Counsel (b) after becoming aware of any damage to the SDA enrolled dwelling give notice to the SDA provider specifying the nature of the damage; and (c) contribute to the cost of repairing damage notified under paragraph (b) that the SDA resident intentionally caused; and (d) pay the rent on the due date and in the manner specified in the SDA residency agreement. (2) An SDA resident must not— (a) use the SDA enrolled dwelling for a purpose that is illegal at common law or under an Act; and (b) by act or omission endanger the safety of other SDA residents or staff at the SDA enrolled dwelling; and (c) cause serious disruption to the proper use and enjoyment of the SDA enrolled dwelling by other SDA residents; and (d) intentionally damage or destroy any part of the SDA enrolled dwelling; and (e) install any fixtures in the SDA enrolled dwelling without first obtaining the consent in writing of the SDA provider. Division 5—Repairs and maintenance 498O Application and definition (1) This Division does not apply to fixtures, furniture or equipment supplied by the SDA resident. -- 252 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 241 Authorised by the Chief Parliamentary Counsel (2) In this Division— chosen person means a person— (a) who is an SDA resident's guardian; or (b) who is a family member of the SDA resident; or (c) who is chosen by an SDA resident, by mutual agreement with the person, to act on behalf of the SDA resident under this Division. 498P Application to Tribunal for urgent repairs (1) An SDA resident or a chosen person may apply to the Tribunal for an order requiring the SDA provider to carry out specified urgent repairs if the SDA resident or their chosen person has taken reasonable steps to arrange for the SDA provider to immediately carry out the repairs and the SDA resident or their chosen person is unable to get the SDA provider to carry out the repairs. (2) The Tribunal must hear an application under subsection (1) within 2 business days after the application is made. 498Q Application to Director to investigate need for non-urgent repairs (1) An SDA resident or their chosen person may apply to the Director to investigate whether the SDA provider is in breach of a duty to ensure that the SDA enrolled dwelling is maintained in good repair if— (a) the SDA resident or their chosen person has given the SDA provider written notice advising the SDA provider that repairs (other than urgent repairs) are -- 253 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 242 Authorised by the Chief Parliamentary Counsel required to the SDA enrolled dwelling; and (b) the SDA provider has not carried out the repairs within 14 days after being given the notice. (2) On an application under subsection (1), the Director— (a) must investigate; and (b) may negotiate arrangements for the carrying out of repairs if the Director is satisfied that the SDA provider is in breach of the duty to maintain the SDA enrolled dwelling in good repair; and (c) must give a written report to the SDA resident and their chosen person (if any). 498R Application to Tribunal for non-urgent repairs (1) An SDA resident or their chosen person may apply to the Tribunal for an order requiring the SDA provider to carry out specified non-urgent repairs if— (a) the SDA resident or their chosen person has received the report of the Director under section 498Q; and (b) the SDA resident or their chosen person is still of the view that satisfactory arrangements have not been made for the carrying out of the repairs. (2) An application under subsection (1) must be made within 60 days of receiving the report of the Director under section 498Q. -- 254 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 243 Authorised by the Chief Parliamentary Counsel (3) An SDA resident or their chosen person may apply to the Tribunal for an order requiring the SDA provider to carry out specified repairs without the report of the Director under section 498Q if the SDA resident or their chosen person has not received that report within 90 days after the SDA resident or their chosen person applied for that report. 498S What can the Tribunal order? (1) The Tribunal may make an order requiring the SDA provider to carry out specified repairs if it is satisfied that the SDA provider is in breach of the duty to maintain the SDA enrolled dwelling in good repair. (2) The order must specify the repairs and the time within which they must be carried out. Division 6—Rights of entry 498T Purpose of Division (1) The purpose of this Division is to provide for the rights of entry of an SDA provider and their agent to an SDA enrolled dwelling provided by the SDA provider. (2) This Division does not affect the exercise of a right of entry conferred on any of the following by or under this Act or another Act in respect of an SDA enrolled dwelling— (a) the Public Advocate; (b) a community visitor; (c) the Senior Practitioner; (d) the NDIA; (e) the NDIS Quality and Safeguards Commission. -- 255 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 244 Authorised by the Chief Parliamentary Counsel 498U Entry of SDA enrolled dwelling An SDA provider or their agent has a right to enter an SDA enrolled dwelling together with any persons who are necessary to achieve the purpose of the entry— (a) at any time agreed with the SDA resident if— (i) in the case of an SDA enrolled dwelling occupied by one SDA resident, the SDA resident has consented to the entry not more than 7 days before the entry; or (ii) in the case of an SDA enrolled dwelling occupied by more than one SDA resident, all the SDA residents have consented to the entry not more than 7 days before the entry; or (b) for a purpose set out in section 498V, at any time between 8 a.m. and 6 p.m. on any day (except a public holiday) if at least 24 hours notice has been given to the SDA resident or SDA residents in accordance with section 498X. 498V Grounds for entry of SDA enrolled dwelling (1) A right of entry in respect of an SDA enrolled dwelling may be exercised if— (a) before giving notice of entry, a notice to vacate or a notice of intention to vacate the SDA enrolled dwelling had been given and entry is required to show the SDA enrolled dwelling to a prospective party to an SDA residency agreement or tenancy agreement in -- 256 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 245 Authorised by the Chief Parliamentary Counsel respect of the SDA enrolled dwelling; or (b) the SDA enrolled dwelling is to be sold or used as security for a loan and entry is required to show the SDA enrolled dwelling to a prospective buyer or lender; or (c) entry is required to enable the SDA provider to carry out a duty under this Act or any other Act; or (d) entry is required for valuation purposes; or (e) entry is required to enable inspection of the SDA enrolled dwelling and entry for that purpose has not been made within the last 6 months; or (f) entry is required to undertake maintenance or repairs or for the purposes of maintenance or repairs. (2) An SDA provider may enter an SDA enrolled dwelling without giving notice of entry only if— (a) the SDA resident agrees to the entry at the time entry is sought; or (b) there is an emergency; or (c) if the SDA provider believes on reasonable grounds that entry is necessary to protect the health or safety of the SDA resident or of any other person at the SDA enrolled dwelling; or (d) if the SDA provider believes on reasonable grounds that the SDA resident has abandoned the SDA enrolled dwelling; or -- 257 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 246 Authorised by the Chief Parliamentary Counsel (e) it is necessary to do so to undertake urgent repairs. (3) A right of entry for a purpose set out in subsection (1)(a) may only be exercised in the period of 14 days before the termination date specified in the notice to vacate or notice of intention to vacate. (4) Despite subsection (1), in the case of a first SDA residency agreement entered into between an SDA provider and an SDA resident in respect of an SDA enrolled dwelling, a right of entry referred to in subsection (1)(e) may only be exercised after the end of the first 3 months of the occupation of the SDA enrolled dwelling by the SDA resident under that SDA residency agreement. 498W Manner of entry A person exercising a right of entry under this Division— (a) must do so in a reasonable manner; and (b) must not stay or permit others to stay at the SDA enrolled dwelling longer than is necessary to achieve the purpose of the entry without the SDA resident's consent. 498X What must be in a notice of entry? (1) A notice of entry must— (a) be in writing; and (b) state why the SDA provider or their agent wishes to enter; and -- 258 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 247 Authorised by the Chief Parliamentary Counsel (c) be given— (i) by post; or (ii) by delivering it personally to the SDA resident between the hours of 8 a.m. and 6 p.m.; or (iii) by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000. (2) If the SDA enrolled dwelling is occupied by more than one SDA resident, a notice of entry must be given to each SDA resident. (3) A notice given under subsection (2) is sufficient if the notice is in or to the like effect of a notice given under subsection (1). 498Y SDA resident has duty to permit entry An SDA resident has a duty to permit a person exercising a right of entry in accordance with this Division to enter the SDA enrolled dwelling. 498Z What if damage is caused during entry (1) An SDA resident occupying an SDA enrolled dwelling may apply to the Tribunal for an order for compensation if an SDA provider or their agent or a person accompanying the SDA provider or their agent causes damage to the SDA resident's goods in the SDA enrolled dwelling when exercising a right of entry under section 498U. -- 259 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 248 Authorised by the Chief Parliamentary Counsel (2) If an application is made under subsection (1), the Tribunal— (a) may make an order for payment of any compensation that it thinks fit if it is satisfied that damage was caused to the SDA resident's goods in the SDA enrolled dwelling; or (b) may refuse to make an order. Division 7—Rent 498ZA Rent An SDA provider may charge an SDA resident rent. 498ZB Notice of increase in rent (1) An SDA provider must give at least 60 days notice in writing of a proposed increase in rent to an SDA resident and the SDA resident's guardian or SDA resident's administrator (if any). (2) An SDA provider must not increase the rent payable by an SDA resident at intervals of less than 6 months. (3) Any proposed increase in the rent made in contravention of this section is invalid. 498ZC Limit on payment in advance An SDA provider must not require an SDA resident to pay the rent more than 30 days in advance. 498ZD Where and how is rent to be paid? The rent under an SDA residency agreement is payable in the manner (if any) specified in the agreement. -- 260 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 249 Authorised by the Chief Parliamentary Counsel 498ZE Receipts for rent (1) A person who receives a payment of rent from, or on behalf of, an SDA resident must give a written receipt in accordance with this section to the person making the payment— (a) immediately, if the payment is made in person; or (b) if the payment is not made in person and a receipt is requested at the time of making the payment, within 5 business days of receiving the payment. Penalty: 10 penalty units. (2) If a person receives a payment of rent from an SDA resident and a written receipt is not required to be given under subsection (1), the person must keep a record of the payment of rent until the earlier of— (a) the end of 12 months after receiving the payment; or (b) if an SDA resident, an SDA resident's guardian or SDA resident's administrator (if any) requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the SDA resident and the SDA resident's guardian or SDA resident's administrator. Penalty: 10 penalty units. (3) If an SDA resident or an SDA resident's guardian or SDA resident's administrator (if any) requests a copy of a record under subsection (2)(b) before the end of 12 months after making the payment of rent, a person who keeps a record under -- 261 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 250 Authorised by the Chief Parliamentary Counsel subsection (2) must provide a copy of that record to the SDA resident and the SDA resident's guardian or SDA resident's administrator (if any) within 5 business days after receiving the request. Penalty: 10 penalty units. (4) For the purposes of subsection (2), a record must contain information which enables the details specified in paragraphs (a) to (e) of subsection (5) to be identified. (5) A receipt under this section must be signed by the person who receives the payment and must state— (a) the name of the SDA resident and the SDA enrolled dwelling; and (b) the date of receipt; and (c) the period for which payment is made; and (d) the amount paid; and (e) the fact that the payment is for rent. (6) The regulations may provide that a prescribed person is exempt from subsection (1), (2) or (5) subject to the conditions, if any, specified in the regulations. 498ZF SDA resident's goods not to be taken for rent A person must not take or dispose of an SDA resident's goods on account of any rent owing by the SDA resident. Penalty: 20 penalty units. -- 262 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 251 Authorised by the Chief Parliamentary Counsel 498ZG SDA resident may complain to Director about excessive rent (1) An SDA resident may apply to the Director to investigate and report if the SDA resident has received a notice of a rent increase and the SDA resident considers that the proposed rent is excessive. (2) An application under subsection (1) must be made in writing within 30 days after the notice of the rent increase is given. (3) As soon as practicable after receiving an application, the Director must— (a) carry out an investigation; and (b) give a written report to— (i) the SDA resident and the SDA resident's guardian or SDA resident's administrator (if any); and (ii) the SDA provider. (4) The report of the Director must— (a) include a statement informing the SDA resident of the SDA resident's right under section 498ZH to apply to the Tribunal for an order in respect of the proposed rent; and (b) take into account the matters referred to in sections 498ZI(2) and 498ZJ. 498ZH Disputes relating to increase in rent (1) After receiving a report from the Director under section 498ZG, the SDA resident may apply to the Tribunal for an order declaring the proposed rent excessive. -- 263 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 252 Authorised by the Chief Parliamentary Counsel (2) An application to the Tribunal under subsection (1) must be made within 30 days after the Director has issued a report under section 498ZG. (3) If an SDA resident has received a notice of rent increase and the SDA resident considers that the proposed rent is excessive, the SDA resident may, with the leave of the Tribunal, apply to the Tribunal for an order declaring the proposed rent excessive without receiving a report from the Director under section 498ZG. (4) An application under subsection (3) may only be made after the end of 30 days after the notice of the rent increase is given. (5) The Tribunal may grant leave under subsection (3) if it is satisfied that there are reasonable grounds for the SDA resident's failure to request the Director to investigate and report under section 498ZG. 498ZI What can the Tribunal order on an application relating to increase in rent (1) On an application made under section 498ZH, the Tribunal may do any of the following— (a) make an order declaring that the proposed rent is excessive; (b) make an order directing that for the period specified in the order the rent must not exceed the amount specified in the order; (c) dismiss the application. -- 264 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 253 Authorised by the Chief Parliamentary Counsel (2) For the purposes of subsection (1), the Tribunal must have regard to— (a) the rent paid by any other SDA residents in the SDA enrolled dwelling; and (b) the rent payable by SDA residents occupying similar SDA enrolled dwellings in similar locations; and (c) the state of repair and general condition of the SDA enrolled dwelling; and (d) the number of increases in the preceding 24 months, the amount of each increase and the timing of those increases; and (e) any changes in the condition of the SDA enrolled dwelling since the SDA resident commenced occupation; and (f) any improvements made to the SDA enrolled dwelling that should not result in an increase because they were made by or on behalf of the SDA resident; and (g) the National Disability Insurance Scheme Act 2013 of the Commonwealth; and (h) any prescribed Act, regulation or instrument. (3) The amount specified in an order made under subsection (1)(b) must not be less than the amount payable by the SDA resident before the notice was given under section 498ZB. -- 265 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 254 Authorised by the Chief Parliamentary Counsel (4) Sections 50(3) and 51(1), (2) and (5) of the Victorian Civil and Administrative Tribunal Act 1998 do not apply in relation to a proceeding for review of a decision to issue a notice of a proposed increase in rent. 498ZJ Tribunal must dismiss certain applications (1) The Tribunal must dismiss an application made under section 498ZH if the increase in rent is proportionate to an increase in the Commonwealth disability support pension and any Commonwealth rent assistance. (2) In this section— Commonwealth disability support pension means an amount determined in accordance with Part 2.3 of the Social Security Act 1991 of the Commonwealth; Commonwealth rent assistance means an amount determined in accordance with Part 3.7 of the Social Security Act 1991 of the Commonwealth. 498ZK Payment of increased amount pending Tribunal decision (1) Pending the decision of the Tribunal under section 498ZI, the SDA resident must pay, from the time the proposed increase is to apply, whichever is the lesser of— (a) the increased rent specified in the notice of increase under section 498ZB; or (b) 110% of the rent payable immediately before the notice of increase under section 498ZB was given. -- 266 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 255 Authorised by the Chief Parliamentary Counsel (2) If the Tribunal makes an order under section 498ZI(1) other than an order dismissing the application, the Tribunal may also make an order— (a) requiring that any excess rent paid by the SDA resident, from the time that the increase took effect until the date of the order, be refunded; and (b) specifying the procedure for the refund to the SDA resident. Division 8—Other charges 498ZL Certain charges prohibited (1) A person must not demand or receive from an SDA resident any bond in relation to the SDA residency agreement. Penalty: 20 penalty units. (2) A person must not demand or receive from an SDA resident any guarantee for the performance of the SDA resident's duties under the SDA residency agreement. Penalty: 20 penalty units. (3) A person must not demand or receive from an SDA resident a charge or indemnity for a charge in relation to the making, continuation or renewal of an SDA residency agreement that is a premium, bonus, commission or key money. Penalty: 20 penalty units. -- 267 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 256 Authorised by the Chief Parliamentary Counsel (4) A person must not demand or receive from an SDA resident under a proposed SDA residency agreement a charge in relation to the inspection of the SDA enrolled dwelling by an SDA resident. Penalty: 20 penalty units. (5) A person must not demand or receive from an SDA resident a charge or indemnity for a charge in relation to— (a) the first issue of a rent payment card under an SDA residency agreement; or (b) the establishment or use of direct debit facilities for payment of rent under an SDA residency agreement. Penalty: 20 penalty units. (6) This section does not prevent the charging of a prescribed charge under an SDA residency agreement. 498ZM SDA provider's liability for various utility charges An SDA provider is liable for— (a) the installation costs and charges in respect of the initial connection to an SDA enrolled dwelling of any electricity, water, gas, bottled gas or oil supply service; and (b) all charges related to the supply of sewerage services or the supply or use of drainage services to or at the SDA enrolled dwelling. -- 268 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 257 Authorised by the Chief Parliamentary Counsel 498ZN SDA provider must not seek overpayment for utility charge An SDA provider must not seek payment or reimbursement for a cost or charge, or specify a cost or charge for utilities at an SDA enrolled dwelling under an SDA residency agreement, that is more than the amount that the relevant utility supplier would have charged the SDA resident for the supply or use of electricity, water, bottled gas or oil by an SDA resident at an SDA enrolled dwelling. Penalty: 20 penalty units. Division 9—Compensation and compliance 498ZO Definitions In this Division— duty provision, in relation to an SDA enrolled dwelling, means— (a) section 498M(a), (b), (c), (d), (e) or (f); or (b) section 498N(1)(a), (c), (d) or (2)(d) or (e); or (c) section 498Y; required time means 14 days. 498ZP Breach of duty notice (1) Subject to subsection (2), a person to whom a duty is owed under a duty provision, or that person's agent, may give a breach of duty notice to a person in breach of that duty. -- 269 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 258 Authorised by the Chief Parliamentary Counsel (2) An SDA provider, or their agent, must not give a breach of duty notice to an SDA resident unless the SDA provider believes on reasonable grounds that the SDA resident has intentionally breached the duty. (3) A notice under subsection (1) must— (a) specify the breach; and (b) give details of the loss or damage, if any, caused by the breach; and (c) require the person, within the required time after receiving the notice— (i) to remedy the breach if possible; or (ii) to compensate the person to whom the duty is owed; and (d) state that the person in breach must not commit a similar breach again; and (e) state that if the notice is not complied with— (i) an application for compensation or a compliance order may be made to the Tribunal; or (ii) if section 498ZZA applies, a notice of intention to vacate may be given; or (iii) if section 498ZX applies, a notice to vacate may be given; and (f) be in writing; and (g) be addressed to the person allegedly in breach of the duty or the person's agent; and (h) be signed by the person to whom the duty is owed or by that person's agent. -- 270 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 259 Authorised by the Chief Parliamentary Counsel 498ZQ Application for compensation or compliance order for breach of duty (1) If a breach of duty notice is not complied with, the person who gave it may apply to the Tribunal for a compensation order or a compliance order within 90 days after the end of the required time. (2) Subject to section 115 of the Australian Consumer Law and Fair Trading Act 2012, the Director may make an application under this section on behalf of the person who gave the notice without that person's consent. 498ZR Matters which may be considered by Tribunal The Tribunal, in hearing an application under section 498ZQ, may take into account— (a) in the case of a breach of duty notice given to an SDA resident, whether or not the breach of duty in respect of which the claim was made was done so intentionally; and (b) whether or not the person from whom compensation is claimed has taken all reasonable steps to comply with the duties under this Part or under the SDA residency agreement in respect of which the claim is made; and (c) whether or not the applicant has consented to the failure to comply with the duties in respect of which the claim is made; and (d) whether or not money has been paid to or recovered by the applicant by way of compensation; and -- 271 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 260 Authorised by the Chief Parliamentary Counsel (e) whether any reduction or refund of rent has been made to the applicant; and (f) whether or not action has been taken by the applicant to mitigate the loss or damage; and (g) any offer of compensation; and (h) if a claim is made with respect to damage to property, any action taken by the person from whom compensation is claimed to repair the damage at that person's own expense. 498ZS Orders of Tribunal (1) In the case of an application under section 498ZQ, if the Tribunal is satisfied that the person was entitled to give the notice and the notice was not complied with, it may make any or all of the following orders— (a) the person in breach must remedy the breach as specified in the order; (b) the person in breach must pay compensation as specified in the order; (c) the person in breach must refrain from committing a similar breach. (2) In the case of an application under section 498ZQ, if the Tribunal is satisfied that compensation should be paid it may make an order directing a person to pay compensation as specified in the order. (3) If an order for compensation is made in favour of an SDA resident, the order may specify that the compensation be in the form of a refund or reduction of the rent payable by the SDA resident. -- 272 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 261 Authorised by the Chief Parliamentary Counsel 498ZT Compensation for unpaid rent An SDA provider is not entitled to claim compensation under this Part for a failure of an SDA resident to pay rent under an SDA residency agreement unless the rent is unpaid for at least 14 days after it has accrued due. 498ZU What powers does a court have to award compensation? If a party to an SDA residency agreement is convicted of an offence against this Part, the court before which that person is convicted may, on application by the other party to the SDA residency agreement, order the first party to pay the applicant compensation for loss or damage suffered by the applicant because of the commission of that offence. 498ZV Notice of temporary relocation (1) An SDA provider may give an SDA resident a written notice of temporary relocation from an SDA enrolled dwelling in the following circumstances— (a) the SDA resident by act or omission endangers the safety of other SDA residents or staff at the SDA enrolled dwelling; (b) the SDA resident is causing serious disruption to the proper use and enjoyment of the SDA enrolled dwelling by other SDA residents; (c) the SDA resident is a danger to themselves and the SDA resident can no longer be appropriately supported in the SDA enrolled dwelling; (d) it is for the SDA resident's safety or wellbeing; -- 273 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 262 Authorised by the Chief Parliamentary Counsel (e) the SDA resident has intentionally damaged or destroyed any part of the SDA enrolled dwelling; (f) the SDA resident has used the SDA enrolled dwelling for a purpose that is illegal at common law or under an Act; (g) specialist disability accommodation will no longer be provided at the SDA enrolled dwelling; (h) the SDA enrolled dwelling is no longer suitable for the provision of specialist disability accommodation; (i) the SDA provider intends to repair the SDA enrolled dwelling immediately after the notice of temporary relocation has effect and has obtained all necessary permits and consents to carry out the work and the work cannot be properly carried out unless the SDA resident vacates the area or room of the SDA enrolled dwelling exclusively occupied by the SDA resident. (2) A notice of temporary relocation— (a) has effect immediately from the time it is given or from the time specified in the notice of temporary relocation; and (b) must specify a relocation period— (i) ending not more than 90 days after the date on which the notice has effect; and (ii) if the notice is given in the circumstances referred to in subsection (1)(i), not longer than the time required to carry out the work. -- 274 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 263 Authorised by the Chief Parliamentary Counsel (3) An SDA provider must not give a notice under subsection (1)(i) unless the SDA provider has first offered an equivalent area or room to the SDA resident and the SDA resident has refused to occupy that area or room in place of the SDA resident's current area or room, if— (a) the proposed repairs will affect an SDA resident's area or room but will not affect all the areas or rooms in an SDA enrolled dwelling; and (b) an area or room equivalent to the SDA resident's area or room at an equivalent rent is available in the SDA enrolled dwelling. (4) The SDA provider must notify the Chief Executive Officer of the NDIA and the Public Advocate of the details of a notice of temporary relocation within 24 hours of the notice being given to an SDA recipient. Penalty: 20 penalty units. (5) The SDA provider must notify the Public Advocate of the details of a notice of temporary relocation within 24 hours of the notice being given to a CoS supported accommodation client. Penalty: 20 penalty units. (6) If a notice of temporary relocation is given on the grounds specified in subsection (1)(a), (b), (c), (d), (e) or (f), the SDA provider must take reasonable steps to notify the SDA resident's Supported Independent Living provider, before the notice of temporary relocation expires, to provide an opportunity for the SDA resident's support plan to be reviewed. -- 275 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 264 Authorised by the Chief Parliamentary Counsel (7) During the relocation period specified under subsection (2), the SDA resident is excluded from the SDA enrolled dwelling as specified in the notice of temporary relocation and is to be relocated by the SDA provider in alternative accommodation for the duration of the temporary relocation period specified in the notice under subsection (2). (8) Except as provided in subsection (9), an SDA provider must not use the area or room that was exclusively occupied by the SDA resident for another SDA resident during the relocation period specified in the notice of temporary relocation. (9) If the notice of temporary relocation was given on a ground other than the ground specified in subsection (1)(i), the area or room that was exclusively occupied by the SDA resident may only be used— (a) for emergency purposes; or (b) on a short term basis for the purpose of providing respite to a carer of a person with a disability. (10) At the expiry of a notice of temporary relocation, an SDA resident is entitled to return to the SDA enrolled dwelling unless a notice to vacate has been given under section 498ZX. (11) During the period that an SDA resident is relocated to alternative accommodation, including another SDA enrolled dwelling, the SDA resident is to be taken to be accommodated in emergency or transitional housing and this Division does not apply in respect of that accommodation. -- 276 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 265 Authorised by the Chief Parliamentary Counsel (12) The SDA provider must take reasonable steps to resolve the matter giving rise to the issue of the notice of temporary relocation as soon as is reasonably possible in the circumstances. (13) The taking of reasonable steps to resolve the matter giving rise to the issue of the notice of temporary relocation does not affect the continued application of that matter as the ground for the issue of the notice of temporary relocation. Division 10—Termination and notices to vacate 498ZW Termination of SDA residency agreement An SDA residency agreement is terminated in the following circumstances— (a) by agreement in writing between the SDA provider and the SDA resident; (b) if the SDA provider gives the SDA resident a notice to vacate in accordance with section 498ZX, on the earliest of— (i) the day on which the SDA resident vacates the SDA enrolled dwelling; or (ii) the day specified in a possession order made under section 498ZZH in relation to the notice to vacate as the day by which the SDA resident must vacate the SDA enrolled dwelling; -- 277 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 266 Authorised by the Chief Parliamentary Counsel (c) if the SDA provider's registration under the NDIS as a registered provider is revoked, 90 days after the day the registration was revoked; (d) if the SDA enrolled dwelling occupied by the SDA resident ceases to be an SDA enrolled dwelling, 90 days after the day the SDA enrolled dwelling ceased to be enrolled; (e) by notice of intention to vacate given to the SDA provider by, or on behalf of, the SDA resident in accordance with section 498ZZA; (f) if the SDA resident dies; (g) if the SDA resident has abandoned the SDA enrolled dwelling; (h) if the SDA resident moves to another principal place of residence without giving notice of intention to vacate to the SDA provider; (i) if the SDA resident becomes subject to an order of a court or tribunal which prevents the SDA resident from residing in the SDA enrolled dwelling for a period of more than 90 days; (j) the SDA provider contravenes section 498D(1) and the SDA resident wishes to terminate the SDA residency agreement as a consequence of that contravention; (k) if the Tribunal makes an order terminating the SDA residency agreement; -- 278 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 267 Authorised by the Chief Parliamentary Counsel (l) if a mortgagee in respect of an SDA enrolled dwelling gives a notice to vacate under section 498ZZD and— (i) the SDA resident vacates the SDA enrolled dwelling on or after the termination date specified in the notice; or (ii) the SDA residency agreement terminates in accordance with section 498ZZL. 498ZX Notice to vacate by SDA provider (1) An SDA provider may give an SDA resident a written notice to vacate an SDA enrolled dwelling if— (a) the SDA resident owes at least 14 days unpaid rent to the SDA provider; or (b) the SDA resident by act or omission endangers the safety of other SDA residents or staff at the SDA enrolled dwelling; or (c) the SDA resident is causing serious disruption to the proper use and enjoyment of the SDA enrolled dwelling by other SDA residents; or (d) the SDA resident is a danger to themselves and the SDA resident can no longer be appropriately supported in the SDA enrolled dwelling; or (e) it is for the SDA resident's safety or wellbeing; or (f) the SDA resident has intentionally damaged or destroyed any part of the SDA enrolled dwelling; or -- 279 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 268 Authorised by the Chief Parliamentary Counsel (g) the SDA resident has used the SDA enrolled dwelling for a purpose that is illegal at common law or under an Act; or (h) the SDA provider intends to repair, renovate, reconstruct or demolish the SDA enrolled dwelling immediately after the termination date and has obtained all necessary permits and consents to carry out the work and the work cannot be properly carried out unless the SDA resident vacates the SDA enrolled dwelling; or (i) specialist disability accommodation will no longer be provided at the SDA enrolled dwelling; or (j) the premises is no longer suitable for the provision of specialist disability accommodation; or (k) the SDA enrolled dwelling is to be sold or offered for sale with vacant possession; or (l) the SDA resident has failed to comply with an order of the Tribunal under section 498ZS. (2) A notice to vacate on a ground specified under subsection (1)(a) cannot be given unless— (a) a breach of duty notice has been given to the SDA resident in respect of that ground; and (b) the SDA resident has not taken steps to remedy the breach within 14 days after the notice was given to the SDA resident. -- 280 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 269 Authorised by the Chief Parliamentary Counsel (3) A notice to vacate on a ground specified under subsection (1)(b), (c), (d), (e), (f), (g), (h), (i) or (j) cannot be given unless— (a) a temporary relocation notice was validly issued under section 498ZV on a ground corresponding to that specified in the notice to vacate; and (b) the temporary relocation notice was given at least 24 hours previously. (4) A notice to vacate on a ground specified under subsection (1)(b), (c), (d), (e), (f) or (g) cannot be given unless an SDA provider reasonably believes that the conduct constituting the breach is likely to reoccur. (5) If— (a) the proposed repairs, renovations or reconstruction will affect the area or room of the SDA enrolled dwelling exclusively occupied by the SDA resident but will not affect all of the areas or rooms of the SDA enrolled dwelling; and (b) an area or room equivalent to the SDA resident's area or room at an equivalent rent is available in the SDA enrolled dwelling— the SDA provider must not give the notice under subsection (1)(h) unless the SDA provider has first offered an equivalent room to the SDA resident and the SDA resident has refused to occupy that room in place of the SDA resident's current room. (6) A notice to vacate under this section— (a) must specify the ground on which the notice is given; and -- 281 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 270 Authorised by the Chief Parliamentary Counsel (b) must specify a termination date that is not less than 90 days after the date on which the notice is given; and (c) must be signed by the SDA provider; and (d) must be given to— (i) the SDA resident; and (ii) the SDA resident's guardian or the SDA resident's administrator, if any. (7) The SDA provider must notify the Chief Executive Officer of the NDIA and the Public Advocate of the details of a notice to vacate within 24 hours of the notice being given to an SDA recipient. Penalty: 20 penalty units. (8) The SDA provider must notify the Public Advocate of the details of a notice to vacate within 24 hours of the notice being given to a CoS supported accommodation client. Penalty: 20 penalty units. (9) If a notice to vacate is given on the grounds specified in subsection (1)(b), (c), (d), (e) or (f), the SDA provider must take reasonable steps to notify the SDA resident's Supported Independent Living provider, before the notice to vacate expires, to provide an opportunity for the SDA resident's support plan to be reviewed. -- 282 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 271 Authorised by the Chief Parliamentary Counsel 498ZY Effect of notice to vacate (1) If a notice to vacate is issued while a notice of temporary relocation is in force— (a) the notice of temporary relocation continues in force only until the end of the period of notice applying to the notice to vacate; and (b) the SDA provider must continue to provide alternative accommodation for the SDA resident until— (i) the end of the period of notice applying to the notice to vacate; or (ii) if a review or appeal is lodged, until the review or appeal is determined; or (iii) other alternative accommodation is provided for the SDA resident. (2) The SDA provider cannot accommodate another SDA resident in the vacancy in the SDA enrolled dwelling created by a notice of temporary relocation or notice to vacate before the end of the relevant period under subsection (1)(b). 498ZZ What if 2 or more notices can be given? If a person is or becomes entitled to give 2 or more notices of intention to vacate or notices to vacate under this Division— (a) the invalidity of any of the notices does not affect the validity of any other notice; and (b) each valid notice has full force and effect. -- 283 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 272 Authorised by the Chief Parliamentary Counsel 498ZZA Notice of intention to vacate by SDA resident (1) An SDA resident may give a notice of intention to vacate to the SDA provider at any time. (2) A notice of intention to vacate must— (a) be given in writing; and (b) specify the date on which the SDA resident intends to vacate the SDA enrolled dwelling. (3) A notice of intention to vacate may be given in writing on behalf of the SDA resident by the SDA resident's guardian or the SDA resident's administrator, if any. (4) The SDA provider must notify the following persons of the details of a notice of intention to vacate given under this section within 24 hours of the notice of being received by the SDA provider— (a) if the notice was given by an SDA recipient, the Chief Executive Officer of the NDIA; (b) the Public Advocate; (c) if the notice was not given under subsection (3), the SDA resident's guardian or the SDA resident's administrator, as the case requires. 498ZZB Withdrawal of notice (1) A notice of temporary relocation, a notice to vacate or a notice of intention to vacate may only be withdrawn if a notice of withdrawal is given. -- 284 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 273 Authorised by the Chief Parliamentary Counsel (2) A notice of withdrawal may be given at any time before the SDA resident has vacated the SDA enrolled dwelling. (3) A notice of withdrawal must be— (a) in writing; and (b) signed by the person who gave the notice that is being withdrawn; and (c) given to the person who was given the notice that is being withdrawn. 498ZZC Application to the Tribunal for review of notice to vacate (1) An SDA resident may apply to the Tribunal for a review of the issue of a notice to vacate on the ground that the notice to vacate is not valid because— (a) of a defect on the face of the notice to vacate; or (b) the notice to vacate was not issued in accordance with this Part; or (c) the ground on which the notice was issued is not established. (2) If an application under subsection (1) is made to the Tribunal in respect of a ground specified in section 498ZX(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) and the SDA provider first gave the SDA resident a notice of temporary relocation on a ground corresponding to that given in the notice to vacate, the Tribunal must also consider the validity of the notice of temporary relocation. -- 285 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 274 Authorised by the Chief Parliamentary Counsel (3) An application to the Tribunal under subsection (1) must be made within 90 days of the day on which the notice to vacate was issued. (4) On an application under this section, the Tribunal may only determine whether or not the notice to vacate is valid and if subsection (2) applies, whether or not the notice of temporary relocation is valid. (5) The Tribunal may— (a) if it determines that the notice to vacate is valid, confirm the notice to vacate; or (b) if it determines that the notice to vacate is not valid, declare that the notice to vacate is invalid; or (c) if subsection (2) applies and it determines that the notice of temporary relocation is not valid, declare the notice of temporary relocation and the notice to vacate are invalid; or (d) dismiss the application. 498ZZD Notice to vacate by mortgagee (1) If a mortgagee in respect of an SDA enrolled dwelling becomes entitled to possession of, or to exercise a power of sale in respect of, the SDA enrolled dwelling under a mortgage, the mortgagee may give the SDA resident a notice to vacate the SDA enrolled dwelling. (2) A notice to vacate under this section— (a) must specify the ground on which the notice is given; and -- 286 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 275 Authorised by the Chief Parliamentary Counsel (b) must specify a termination date that is not less than 90 days after the date on which the notice is given; and (c) must be signed by the mortgagee; and (d) must be given to— (i) the SDA resident; and (ii) the SDA resident's guardian or the SDA resident's administrator, if any. (3) The mortgagee must notify the Chief Executive Officer of the NDIA and the Public Advocate of the details of a notice to vacate within 24 hours of the notice being given to an SDA recipient. Penalty: 20 penalty units. (4) The mortgagee must notify the Public Advocate of the details of a notice to vacate within 24 hours of the notice being given to a CoS supported accommodation client. Penalty: 20 penalty units. Division 11—Regaining possession— possession orders and warrants Subdivision 1—Applications for possession orders 498ZZE Application for possession order by SDA provider (1) An SDA provider may apply to the Tribunal for a possession order for the area or room of an SDA enrolled dwelling exclusively occupied by an SDA resident if the SDA provider has given the SDA resident a notice to vacate the SDA enrolled dwelling. -- 287 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 276 Authorised by the Chief Parliamentary Counsel (2) An application under subsection (1) may be made at any time after the notice to vacate is given but not later than 30 days after the termination date specified in the notice to vacate. (3) An SDA provider may apply to the Tribunal for a possession order for an SDA enrolled dwelling if— (a) the SDA resident has given the SDA provider a notice of intention to vacate the SDA enrolled dwelling; and (b) the SDA resident has not delivered up vacant possession of the area or room of the SDA enrolled dwelling that was occupied by the SDA resident. 498ZZF Application for possession order by mortgagee A mortgagee of an SDA enrolled dwelling may apply to the Tribunal for a possession order for the SDA enrolled dwelling if— (a) the mortgagee has given each SDA resident occupying the SDA enrolled dwelling a notice to vacate the SDA enrolled dwelling that specifies a termination date not less than 90 days after the notice is issued; and (b) one or more of the SDA residents that were occupying the SDA enrolled dwelling have not delivered up vacant possession of the SDA enrolled dwelling within 90 days after the date of the notice to vacate given under paragraph (a). -- 288 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 277 Authorised by the Chief Parliamentary Counsel 498ZZG Hearing of application for possession order The Tribunal must not determine an application for a possession order under this Division before the termination date specified in the notice to vacate or notice of intention to vacate accompanying the application. 498ZZH Order of Tribunal (1) The Tribunal must make a possession order on an application under section 498ZZE(1) requiring an SDA resident to vacate the SDA enrolled dwelling on the day specified in the order if the Tribunal is satisfied that— (a) the SDA provider was entitled to give the notice to vacate; and (b) the notice to vacate has not been withdrawn. (2) A possession order must not be made in respect of more than one SDA resident. (3) The day specified in the order of the Tribunal under subsection (1) cannot be earlier than the termination date specified in the notice to vacate. (4) The Tribunal must make a possession order on an application under section 498ZZE(3) requiring an SDA resident to vacate an SDA enrolled dwelling on the day specified in the order if the Tribunal is satisfied that— (a) a notice of intention to vacate has been given by an SDA resident and has not been withdrawn; and (b) the SDA provider acted reasonably by relying on the notice of intention to vacate. -- 289 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 278 Authorised by the Chief Parliamentary Counsel 498ZZI Order to be dismissed or adjourned in certain circumstances (1) The Tribunal may dismiss or adjourn an application for a possession order under section 498ZZE(1) that is supported by a notice to vacate issued on the ground specified in section 498ZX(1)(a) if the Tribunal considers that satisfactory arrangements have been or can be made to avoid financial loss to the SDA provider. (2) An adjournment may be on any terms the Tribunal considers appropriate. (3) On the resumption of an adjourned hearing of an application for a possession order that is supported by a notice to vacate issued on the ground specified in section 498ZX(1)(a), the Tribunal— (a) may make a possession order if the SDA resident has continued to accrue arrears of rent during the adjournment period; and (b) must dismiss the application if the SDA resident— (i) has paid all the arrears which were the subject of the original application; and (ii) has accrued no further arrears of rent from the time of the application to the date of resumption of the adjourned hearing. -- 290 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 279 Authorised by the Chief Parliamentary Counsel 498ZZJ Contents of possession order (1) A possession order must include— (a) the day (being a day not more than 30 days after the day on which the possession order is made) by which the SDA resident must vacate the SDA enrolled dwelling; and (b) a direction to the SDA resident to vacate the SDA enrolled dwelling by the day specified in the order; and (c) a direction to the principal registrar to issue a warrant of possession in accordance with section 498ZZP on the application of the person who obtained the possession order. (2) A possession order for an SDA enrolled dwelling must also include a warning that if the SDA resident fails to comply with the direction in subsection (1)(b), the SDA resident may be forcibly vacated from the SDA enrolled dwelling by a police officer or an authorised person carrying out a warrant of possession. 498ZZK Order not to be made in certain circumstances Despite section 498ZZH, the Tribunal must not make a possession order if— (a) the application for the order is supported with a notice to vacate issued on a ground specified in section 498ZX(1)(l); and -- 291 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 280 Authorised by the Chief Parliamentary Counsel (b) the Tribunal is satisfied that— (i) the failure to comply with an order of the Tribunal was trivial or has been remedied as far as possible; and (ii) there will not be any further breach of the duty; and (iii) the breach of duty is not a recurrence of a previous breach of duty. 498ZZL Effect of possession order for SDA enrolled dwelling If a possession order is made under this Division in respect of an SDA enrolled dwelling, the SDA residency agreement terminates at the end of the day before the day on which possession of the SDA enrolled dwelling is delivered up to the SDA provider or mortgagee. 498ZZM What must the possession order provide? A possession order under this Division must— (a) direct the principal registrar to issue without delay a warrant of possession against a person issued with a notice to vacate who occupies an SDA enrolled dwelling; or (b) provide that notice in the form prescribed by the rules of the Tribunal be served without delay on the person issued with a notice to vacate who occupies the SDA enrolled dwelling requiring them— -- 292 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 281 Authorised by the Chief Parliamentary Counsel (i) to appear before the Tribunal on a day after the end of 7 days after the giving of the notice; and (ii) to show cause why a warrant of possession should not be issued. 498ZZN Notice to occupiers of SDA enrolled dwelling If a possession order under this Division requires a notice to be given, the applicant for the order must— (a) serve a copy of the order and the notice on the person issued with a notice to vacate who occupies the SDA enrolled dwelling; and (b) if any other person who is not subject to the possession order occupies the SDA enrolled dwelling, notify that person that the person is not subject to the possession order. 498ZZO Effect of this Subdivision This Subdivision has effect despite anything to the contrary in any other provision of this Act. Subdivision 2—Warrants of possession 498ZZP Issue of warrant of possession (1) A person who obtains a possession order under section 498ZZE may apply to the principal registrar for a warrant of possession— (a) immediately if the possession order so provides; or -- 293 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 282 Authorised by the Chief Parliamentary Counsel (b) within 6 months after the date of the possession order if the SDA resident fails to comply with the possession order. (2) An application under this section must be accompanied by the prescribed fee, if any. (3) Subject to this Subdivision, a warrant must be executed within the time stated in the possession order which must not exceed 30 days after the date of issue of the warrant. 498ZZQ Extension of time for warrant to be executed (1) On the application of the person who obtained the warrant of possession, the Tribunal may from time to time make an order extending the time by which the warrant of possession may be executed. (2) An order under subsection (1) must not at any one time extend the time by which a warrant of possession may be executed by more than 30 days after the day on which the time for execution of the warrant would otherwise expire. (3) An order may not be made under subsection (1) if the time for execution of the warrant has passed. 498ZZR Warrant of possession (1) A warrant of possession must— (a) be in a form prescribed by rules made under the Victorian Civil and Administrative Tribunal Act 1998; and -- 294 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 283 Authorised by the Chief Parliamentary Counsel (b) be directed— (i) to a police officer; or (ii) to an authorised person; and (c) give brief details of the possession order; and (d) be signed by the principal registrar. (2) The warrant of possession authorises the person to whom it is directed— (a) to enter the SDA enrolled dwelling, by force if necessary; and (b) with such assistance as is necessary to compel persons referred to in the possession order to vacate the SDA enrolled dwelling and give possession of the dwelling to the applicant for the order under which the warrant is issued. (3) A warrant of possession does not authorise the person to whom it is directed to remove any goods from an SDA enrolled dwelling. (4) Entry under a warrant of possession must not be made— (a) between the hours of 6 p.m. and 8 a.m.; or (b) on a Sunday or public holiday. (5) The Minister may authorise any person or class of persons either generally or in a particular case to execute warrants of possession. 498ZZS Lapsing of possession order and lapsing or cancellation of warrant of possession (1) A possession order under this Division is discharged if the applicant for the order does not, within 6 months after the date of -- 295 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 284 Authorised by the Chief Parliamentary Counsel the order, apply for the issue of a warrant of possession. (2) A warrant of possession under this Part lapses if it is not executed— (a) subject to paragraph (b), within the time stated in the order; or (b) if the Tribunal has extended the time within which a warrant may be executed, within the further time that the Tribunal by order allows. (3) The Tribunal may at any time cancel a warrant of possession issued under this Division. 498ZZT Execution of warrant As soon as practicable, but not later than 60 days after a warrant of possession is issued, the person to whom the warrant is addressed must— (a) return the warrant to the principal registrar; and (b) specify in writing whether the warrant has or has not been executed. 498ZZU Postponement of issue of warrant in certain cases (1) The Tribunal may provide in a possession order under this Subdivision in relation to an SDA enrolled dwelling that the issue of a warrant of possession be postponed for a period specified in the order, if the Tribunal is satisfied that— (a) the SDA resident would suffer hardship if the issue of the warrant were not postponed; and -- 296 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 285 Authorised by the Chief Parliamentary Counsel (b) the hardship would be greater than any hardship that the SDA provider or mortgagee (as the case may be) would suffer because of the postponement. (2) The period of postponement specified in the order must not exceed 30 days after the date that the order is made. (3) This section does not apply to an order made on the application of an SDA provider who has given a notice to vacate the SDA enrolled dwelling on a ground specified in section 498ZX(1)(b), (d) or (e). 498ZZV Immediate issue of warrant if failure to comply during postponement On the application of the SDA provider or mortgagee of an SDA enrolled dwelling, the Tribunal may order that a warrant of possession be issued without delay if the Tribunal is satisfied that, during any period of postponement specified in an order under section 498ZZU, an SDA resident— (a) has failed to pay any rent accrued due; or (b) has otherwise contravened section 498N. Division 12—Goods left behind by SDA residents Subdivision 1—Preliminary 498ZZW Application of this Division This Division applies if the SDA residency agreement in respect of an SDA enrolled dwelling has been terminated and goods have been left behind at the dwelling. -- 297 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 286 Authorised by the Chief Parliamentary Counsel 498ZZX Definitions In this Division— former SDA provider means an SDA provider who, before the termination of an SDA residency agreement, was— (a) registered under the NDIS to be a registered provider of supports; and (b) the owner or leaseholder of the SDA enrolled dwelling; former SDA resident means an SDA resident who received funding under the NDIS to reside in an SDA enrolled dwelling before the termination of an SDA residency agreement; SDA enrolled dwelling owner, in relation to an SDA enrolled dwelling in respect of which an SDA residency agreement has been terminated, means— (a) the former SDA provider; and (b) either— (i) the owner of the SDA enrolled dwelling; or (ii) a mortgagee who has secured a mortgage against the SDA enrolled dwelling; stored goods, in relation to an SDA enrolled dwelling in respect of which an SDA residency agreement has been terminated, means goods left behind on the SDA enrolled dwelling which are stored in accordance with section 498ZZZD. -- 298 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 287 Authorised by the Chief Parliamentary Counsel Subdivision 2—Personal documents left behind 498ZZY What happens if personal documents are left behind? If a former SDA resident leaves behind personal documents, the SDA enrolled dwelling owner— (a) must take reasonable care of the personal documents for a period of 90 days; and (b) may remove but must not destroy or dispose of the personal documents, except in accordance with this Division; and (c) must take reasonable steps to notify the former SDA resident and the former SDA resident's administrator or the former SDA resident's guardian (if any) as to when and from where the documents may be collected. 498ZZZ Disposal of personal documents after 90 days (1) If personal documents have not been reclaimed by a person who has a lawful right to the documents by the end of the 90 day period referred to in section 498ZZY(a), then at the end of that period, the SDA enrolled dwelling owner may dispose of the personal documents. -- 299 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 288 Authorised by the Chief Parliamentary Counsel (2) Nothing in this section affects the operation of any other Act or law affecting the destruction or disposition of the documents. Note It may be an offence under certain legislation of the State and Commonwealth to destroy certain documents. 498ZZZA Reclaiming personal documents before disposal (1) A person who has a lawful right to the personal documents may reclaim the personal documents left behind at any time before they are disposed of in accordance with section 498ZZZ. (2) If a person who has a lawful right to personal documents reclaims the documents, the SDA enrolled dwelling owner must not refuse to give the documents to that person. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. Subdivision 3—Goods left behind 498ZZZB Application of Subdivision This Subdivision does not apply to personal documents. 498ZZZC Disposal of certain goods left behind (1) If goods have been left behind, the SDA enrolled dwelling owner may remove and destroy or dispose of the goods if— (a) the goods are of no monetary value; or (b) the goods are perishable foodstuffs; or (c) the goods are dangerous. -- 300 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 289 Authorised by the Chief Parliamentary Counsel (2) If goods of monetary value have been left behind, the SDA enrolled dwelling owner may remove and destroy or dispose of the goods if the total estimated cost of the removal, storage and sale of all the goods combined is greater than the total monetary value of all the goods combined. (3) Subsection (2) does not apply to goods to which subsection (1) applies. (4) Nothing in this section affects the operation of any other Act or law affecting the removal, destruction or disposal of goods. Note Other legislation of the State and Commonwealth may deal with the disposal of goods for example, the Dangerous Goods Act 1985. 498ZZZD What must an SDA enrolled dwelling owner do about goods which are left behind? (1) An SDA enrolled dwelling owner must store goods (other than goods which may be removed and destroyed or disposed of under section 498ZZZC) which are left behind at the SDA enrolled dwelling in a safe place and manner for not less than 28 days. (2) Before the end of 7 days after goods are stored under subsection (1), if the former SDA resident has given the SDA enrolled dwelling owner a forwarding address, the SDA enrolled dwelling owner must send a notice in the prescribed form to the former SDA resident at that address. -- 301 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 290 Authorised by the Chief Parliamentary Counsel 498ZZZE Rightful owner may reclaim stored goods before sale (1) A person who has a lawful right to stored goods may reclaim the goods at any time before the goods are sold if the person pays the SDA enrolled dwelling owner the reasonable costs incurred by an SDA enrolled dwelling owner— (a) in notifying the former SDA resident; and (b) in the removal and storage of the goods; and (c) in organising the sale of the goods. (2) If a person who has a lawful right to stored goods pays the costs set out in subsection (1), the SDA enrolled dwelling owner must not refuse to give the goods to that person. Penalty: 20 penalty units. 498ZZZF Sale of stored goods If stored goods left behind are not reclaimed within 28 days after the date on which they became stored goods, the SDA enrolled dwelling owner must cause the goods to be sold by public auction as soon as practicable. 498ZZZG Sale of stored goods by public auction to be advertised An SDA enrolled dwelling owner must advertise the sale of stored goods by public auction in the prescribed form in a newspaper circulating generally throughout Victoria at least 14 days before the auction. -- 302 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 291 Authorised by the Chief Parliamentary Counsel 498ZZZH Entitlement to removal and storage costs (1) If stored goods are sold by public auction within 8 weeks after the date on which the goods became stored goods, the SDA enrolled dwelling owner is entitled to retain out of the proceeds of sale— (a) the reasonable costs incurred in— (i) removing and storing the goods; and (ii) trying to notify the former SDA resident; and (iii) selling the goods; and (b) any money owed to the SDA enrolled dwelling owner under a Tribunal determination. (2) An SDA enrolled dwelling owner must deal with any money left over after any deductions under subsection (1) in accordance with Part 3 of the Unclaimed Money Act 2008 as if the SDA enrolled dwelling owner were a business to which that Part applies. (3) If stored goods are offered for sale at a public auction in accordance with section 498ZZZG and are not sold, the SDA enrolled dwelling owner may dispose of the stored goods. (4) An SDA enrolled dwelling owner is not liable to anyone for loss or damage caused as a result of— (a) the sale of stored goods in accordance with this Division; or (b) the disposal of stored goods in accordance with subsection (3). -- 303 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 292 Authorised by the Chief Parliamentary Counsel 498ZZZI Purchaser takes good title A purchaser of stored goods sold in accordance with this Division has good title unless the purchaser has notice of— (a) a defect in title or want of title in the former SDA resident; or (b) a failure of the SDA enrolled dwelling owner to comply with this Division in relation to the sale of the goods. Subdivision 4—Orders of Tribunal 498ZZZJ What if goods or documents are disposed of in contravention of this Division? If the SDA enrolled dwelling owner destroys, disposes of or sells a former SDA resident's goods or personal documents, otherwise than in accordance with this Division, the former SDA resident or a person who has a lawful right to those goods or documents may apply to the Tribunal for compensation. 498ZZZK What if goods or documents are wrongfully retained? If an SDA enrolled dwelling owner wrongfully retains and refuses to give up goods or personal documents left behind, the former SDA resident or a person who has a lawful right to those goods or documents may apply to the Tribunal for an order for the return of the goods or personal documents, or for compensation, or both. -- 304 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 293 Authorised by the Chief Parliamentary Counsel 498ZZZL What if goods or documents are damaged or lost? If the SDA enrolled dwelling owner wilfully or recklessly damages or loses stored goods or personal documents, a former SDA resident or a person who has a lawful right to those goods or documents may apply to the Tribunal for compensation. 498ZZZM What if stored goods have been sold in accordance with this Division? If an SDA enrolled dwelling owner has sold a former SDA resident's stored goods in accordance with this Division, the former SDA resident or a person who has a lawful right to those goods is not entitled to the return of the goods but may apply to the Tribunal for a declaration that the money dealt with in accordance with Part 3 of the Unclaimed Money Act 2008 should be paid to that person. 498ZZZN What orders can the Tribunal make? On an application under this Division, the Tribunal may— (a) in the case of an application under section 498ZZZJ or 498ZZZL, make an order for compensation; or (b) in the case of an application under section 498ZZZK— (i) make an order for the return of the goods or personal documents; or (ii) make an order for compensation; or (iii) make an order for both compensation and the return of the goods or personal documents; or -- 305 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 294 Authorised by the Chief Parliamentary Counsel (c) in the case of an application under section 498ZZZM, make a declaration in accordance with that section; or (d) dismiss the application. Division 13—Offences 498ZZZO Offence relating to entering SDA enrolled dwelling AN SDA provider or an SDA provider's agent must not, without reasonable excuse, enter an SDA enrolled dwelling otherwise than in accordance with Division 6. Penalty: 20 penalty units. 498ZZZP Offence to obtain possession etc. of SDA enrolled dwelling (1) An SDA provider or a person acting on behalf of an SDA provider must not, except in accordance with this Part, require or compel or attempt to compel the SDA resident under the SDA residency agreement to vacate the SDA enrolled dwelling. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. (2) An SDA provider or a person acting on behalf of an SDA provider must not, except in accordance with this Part, obtain or attempt to obtain possession of the SDA enrolled dwelling by entering the SDA enrolled dwelling, whether the entry is peaceable or not, unless there are reasonable -- 306 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 295 Authorised by the Chief Parliamentary Counsel grounds to believe that the SDA resident has abandoned the SDA enrolled dwelling. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. 498ZZZQ Offence to make false representation— SDA residency agreement A person must not make, in relation to an SDA residency agreement or a proposed SDA residency agreement or a right or duty under this Part, a false and fraudulent misrepresentation as to— (a) a provision of this Part; or (b) a term included or to be included in the SDA residency agreement; or (c) a matter affecting a person's rights or duties under this Part or an SDA residency agreement or proposed SDA residency agreement. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. 498ZZZR Offence to persuade person not to exercise rights or take proceedings A person must not, in relation to an SDA residency agreement, a proposed SDA residency agreement or a right under this Part, by threat or intimidation persuade or attempt to persuade a party to the SDA residency agreement or proposed SDA residency agreement not to exercise their -- 307 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 296 Authorised by the Chief Parliamentary Counsel rights to take or continue proceedings under this Part. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. 498ZZZS Offence to aid, abet, counsel or procure commission of an offence A person must not, in relation to an SDA residency agreement, a proposed SDA residency agreement or right under this Part, aid, abet, counsel or procure the commission of an offence against this Part. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. 498ZZZT Certain penalties prohibited A person must not demand or accept from an SDA resident under an SDA residency agreement who has failed to comply with the SDA residency agreement or with any provisions of this Part relating to the SDA residency agreement the payment by reason of the failure of any amount other than— (a) subject to this Part, rent under the SDA residency agreement; or (b) an amount or penalty provided for in this Part. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate.". -- 308 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 297 Authorised by the Chief Parliamentary Counsel Division 2—Consequential amendments 294 Purposes In section 1 of the Residential Tenancies Act 1997— (a) in paragraph (i), for "dwellings." substitute "dwellings; and"; (b) after paragraph (i) insert— "(j) to define the rights and duties of SDA providers and SDA residents in respect of SDA enrolled dwellings.". 295 Definitions (1) In section 3(1) of the Residential Tenancies Act 1997 insert the following definitions— "NDIA has the same meaning as it has in section 498B; NDIS has the same meaning as it has in section 498B; Public Advocate has the same meaning as in the Disability Act 2006; SDA enrolled dwelling means a permanent dwelling— (a) that provides long-term accommodation for one or more SDA residents; and (b) that is enrolled as an SDA dwelling under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016 of the Commonwealth as in force from time to time or under other rules made under the National Disability Insurance Scheme Act 2013 of the Commonwealth; and -- 309 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 298 Authorised by the Chief Parliamentary Counsel (c) that may comprise of— (i) an area or room exclusively occupied by an SDA resident and common areas shared by other SDA residents under an SDA residency agreement; or (ii) the dwelling as a whole occupied exclusively by an SDA resident under an SDA residency agreement; or (iii) the dwelling as a whole occupied under a tenancy agreement by at least one SDA resident and other occupants who may or may not be SDA residents; SDA provider has the same meaning as it has in section 498B; SDA residency agreement has the same meaning as it has in section 498B; SDA resident has the same meaning as it has in section 498B; SDA resident's administrator has the same meaning as it has in section 498B; SDA resident's guardian has the same meaning as it has in section 498B;". (2) In section 3(1) of the Residential Tenancies Act 1997— (a) in the definition of health or residential service, in paragraph (f), for "2010;" substitute "2010—"; -- 310 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 299 Authorised by the Chief Parliamentary Counsel (b) in the definition of health or residential service, after paragraph (f) insert— "but does not include premises used for specialist disability accommodation that is an SDA enrolled dwelling;" (c) in the definition of rent, before "means" insert "(except in Part 12A)"; (d) in the definition of rooming house, after "building" insert ", other than an SDA enrolled dwelling,"; (e) in the definition of tenancy agreement, for "residence;" substitute "residence, but does not include an SDA residency agreement;"; (f) in the definition of urgent repairs, after paragraph (h)(iii) insert— "(iv) an SDA provider in an SDA enrolled dwelling; or"; (g) in the definition of urgent repairs, in paragraph (i), for "or a caravan" substitute ", a caravan or an SDA enrolled dwelling"; (h) in the definition of urgent repairs, in paragraph (j), for "or caravan owner" substitute ", caravan owner or SDA provider"; (i) in the definition of urgent repairs, in paragraph (k), for "or a caravan" substitute ", a caravan or an SDA enrolled dwelling". -- 311 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 300 Authorised by the Chief Parliamentary Counsel 296 Health or residential services At the foot of section 23 of the Residential Tenancies Act 1997 insert— "Note A premises used for specialist disability accommodation that is an SDA enrolled dwelling is not a health or residential service: see definition of health or residential service in section 3(1).". 297 Tenancy agreements to be in standard form At the foot of section 26 of the Residential Tenancies Act 1997 insert— "Note In the case of a landlord who is an SDA provider providing an SDA enrolled dwelling to an SDA resident, see Division 2 of Part 12A.". 298 Copy of agreement to be made available to tenant At the foot of section 29 of the Residential Tenancies Act 1997 insert— "Note In the case of a landlord who is an SDA provider providing an SDA enrolled dwelling to an SDA resident, see Division 2 of Part 12A.". 299 Assignment and sub-letting by a tenant At the foot of section 81 of the Residential Tenancies Act 1997 insert— "Note In the case of a landlord who is an SDA provider, see Division 2 of Part 12A.". -- 312 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 301 Authorised by the Chief Parliamentary Counsel 300 New section 218A inserted After section 218 of the Residential Tenancies Act 1997 insert— "218A Termination of tenancy agreement by SDA resident (1) A tenancy agreement between an SDA provider who is a landlord and an SDA resident who is a tenant terminates if— (a) the SDA provider has not given an information statement to an SDA resident in accordance with 498D(1)(a); and (b) the SDA resident wishes to terminate the tenancy agreement because the SDA resident was not given the information statement; and (c) the SDA resident gives a notice of intention to vacate the SDA enrolled dwelling. (2) If the SDA resident gives a notice of intention to vacate under subsection (1), the tenancy agreement terminates on the date specified in the notice. (3) The SDA resident must vacate the SDA enrolled dwelling on or after the termination date specified in the notice of intention to vacate.". 301 Notice of intention to vacate After section 235(2) of the Residential Tenancies Act 1997 insert— "(2A) Subsection (2) does not apply to a notice of intention to vacate under section 218A.". -- 313 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 302 Authorised by the Chief Parliamentary Counsel 302 Jurisdiction of the Tribunal After section 446(bb) of the Residential Tenancies Act 1997 insert— "(bc) any matter arising in relation to an SDA residency agreement or a proposed SDA residency agreement in respect of an SDA enrolled dwelling; and.". 303 General applications to the Tribunal (1) After section 452(3A) of the Residential Tenancies Act 1997 insert— "(3B) An SDA provider or an SDA resident under an SDA residency agreement may apply to the Tribunal in relation to a dispute that has arisen under Part 12A.". (2) After section 452(6) of the Residential Tenancies Act 1997 insert— "(6A) A person who is not an SDA provider or SDA resident under an SDA residency agreement, with the leave of the Tribunal, may apply to the Tribunal in relation to the SDA residency agreement.". (3) After section 452(7) of the Residential Tenancies Act 1997 insert— "(7A) Leave must not be granted under subsection (6A) unless the Tribunal is satisfied that the person has an interest and personal involvement in the SDA residency agreement that is sufficient to justify the granting of leave.". 304 General power of Tribunal to make determinations After section 472(1)(f) of the Residential Tenancies Act 1997 insert— "(fa) in respect of any dispute arising under Part 12A;". -- 314 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 303 Authorised by the Chief Parliamentary Counsel 305 New sections 486B and 486C inserted Before section 487 of the Residential Tenancies Act 1997 insert— "486B Further functions of Director in relation to SDA enrolled dwellings (1) The functions of the Director under Part 12A are— (a) to investigate, if the Director considers it appropriate to do so, on the written application of an SDA provider, SDA resident or a person on behalf of an SDA resident, any matter arising under Part 12A; and (b) to report on an investigation under paragraph (a) to the person who made the application and any person on whose behalf the application was made; and (c) to conciliate settlements of complaints or disputes referred to the Director under paragraph (a); and (d) to publish standard form SDA residency agreements; and (e) to conduct research into matters relating to SDA residency agreements and to disseminate that research. (2) The Director may liaise, co-operate and exchange information with, and provide financial assistance from the Residential Tenancies Fund to government departments, public statutory authorities and other persons engaged in— (a) the provision of information in relation to Part 12A; and -- 315 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 304 Authorised by the Chief Parliamentary Counsel (b) educating or informing the public in relation to Part 12A and the services provided under that Part; and (c) conducting research into matters relating to SDA residency agreements or publishing the results of that research. 486C Referral of matter to another person or body (1) This section applies if the Director considers that a matter in respect of an SDA enrolled dwelling, SDA provider, SDA resident or Part 12A could be dealt with more effectively or appropriately by another prescribed person or body which has jurisdiction to deal with the matter. (2) If the Director considers it appropriate to do so, the Director, after consulting with the prescribed person or body, may— (a) decline to deal with the matter; and (b) refer it to the prescribed person or body.". 306 Reports of Director After section 490(1) of the Residential Tenancies Act 1997 insert— "(1A) The Director is not required to make a report on an investigation into a matter or a dispute referred to in section 486B(1)(b) if the Director is of the opinion that the matter or dispute is frivolous or vexatious and does not justify the making of a report.". -- 316 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 305 Authorised by the Chief Parliamentary Counsel 307 Service of documents After section 506(3) of the Residential Tenancies Act 1997 insert— "(3A) A notice given under Part 12A must be given— (a) by delivering it personally to the SDA resident and the SDA resident's guardian or SDA resident's administrator (if any); or (b) by sending the notice by ordinary post addressed to— (i) the SDA resident at the SDA enrolled dwelling; and (ii) the SDA resident's guardian or SDA resident's administrator (if any); or (c) by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000; or (d) in the manner ordered by the Tribunal.". 308 New Division 1A inserted in Part 13 After Division 1 of Part 13 of the Residential Tenancies Act 1997 insert— 'Division 1A—Disclosure, use and transfer of information 505C Disclosure, use and transfer of information (1) This section applies to the following persons— -- 317 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 306 Authorised by the Chief Parliamentary Counsel (a) an SDA provider or a person who is or has been employed or engaged by an SDA provider or who otherwise provides or has provided SDA enrolled dwellings under Part 2 or 12A; (b) a person who is or has been appointed to any office under this Act or the Disability Act 2006 or employed or engaged under this Act or the Disability Act 2006 to perform a function under Part 2 or 12A in relation to the provision of an SDA enrolled dwelling. (2) A person to whom this section applies must not, directly or indirectly, disclose to any person, any information relating to the provision of SDA enrolled dwellings that is gained by or given to that person in that person's official capacity and that identifies, or is likely to lead to the identification of, the person to whom the information relates. Penalty: 20 penalty units. (3) A person or body to whom information is disclosed in relation to the provision of SDA enrolled dwellings must not use or transfer that information unless— (a) the person or body does so for the purpose for which the information has been disclosed to the person or body; or (b) the person or body is authorised by or under an Act or other law to do so. Penalty: 20 penalty units. -- 318 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 307 Authorised by the Chief Parliamentary Counsel (4) Subsections (2) and (3) do not prevent the disclosure of information— (a) to the extent that the information is reasonably required in connection with the performance of a duty or the exercise of a power or function under this or any other Act; and (b) by an SDA provider to the Director of information of a statistical nature which the SDA provider is required to provide under this Act for the purpose of enabling the Director to perform functions conferred, and meet obligations imposed, on the Director under this Act or any Commonwealth Act; and (c) with the consent of the person to whom the information relates or of that person's guardian or of that person's next-of-kin if that person is dead; and (d) to a supportive attorney under a supportive attorney appointment, within the meaning of the Powers of Attorney Act 2014; and (e) to a medical treatment decision maker within the meaning of the Medical Treatment Planning and Decisions Act 2016, to the extent that it is necessary to enable the medical treatment decision maker to make medical treatment decisions on behalf of the person to whom the information relates; and (f) to a support person within the meaning of the Medical Treatment Planning and Decisions Act 2016 to the extent -- 319 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 308 Authorised by the Chief Parliamentary Counsel that is necessary to enable the support person to carry out the functions of a support person under that Act; and (g) to another person to whom subsection (2) applies, if the disclosure is reasonably required in connection with the provision by that other person of SDA enrolled dwellings under this Act to the person to whom the information relates; and (h) to any person to the extent that is necessary in connection with the provision of care or treatment to the person to whom the information relates if the person to whom the information relates is unable to consent to the disclosure and without the disclosure the person may, in the opinion of the discloser, suffer detriment; and (i) to the Secretary within the meaning of the Disability Act 2006; and (j) to the Disability Services Commissioner within the meaning of the Disability Act 2006; and (k) to the Senior Practitioner within the meaning of the Disability Act 2006; and (l) to the Public Advocate; and (m) to a person to whom, in the opinion of the Director, it is in the public interest that the disclosure be made; and (n) to the NDIA and to any prescribed person or body, and to any person or body of a prescribed class of person or body, for the purposes of the NDIS; and -- 320 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 309 Authorised by the Chief Parliamentary Counsel (o) to the NDIS Quality and Safeguards Commission established under section 181A of the National Disability Insurance Scheme Act 2013 of the Commonwealth; and (p) to the Commonwealth Minister administering the Aged Care Act 1997 of the Commonwealth for the purposes of providing or arranging accommodation for a person with a disability who is or was receiving specialist disability accommodation in an SDA enrolled dwelling; and (q) to a prescribed body for the purposes of exercising a duty or performing a function under this or any other Act. (5) For the purposes of section 3(a), "any other Act" does not include the Health Privacy Principles in the Health Records Act 2001 or Part 3 or Part 5 of that Act.'. 309 Regulations After section 511(1)(h) of the Residential Tenancies Act 1997 insert— "(ha) prescribing details to be included in an information statement under section 498D; (hb) prescribing a standard form of SDA residency agreement; (hc) prescribing a person or body to which a matter relating to an SDA enrolled dwelling may be referred; (hd) prescribing a body for the purposes of section 505C(4);". -- 321 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 310 Authorised by the Chief Parliamentary Counsel 310 New Schedule 2 inserted After Schedule 1 to the Residential Tenancies Act 1997 insert— "Schedule 2—Transitional provisions—Disability Service Safeguards Act 2018 1 Residential statements (1) This clause applies to a resident who is an SDA resident— (a) living in a permanent dwelling that provides long-term accommodation to one or more SDA residents and that is enrolled as an SDA dwelling under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016 of the Commonwealth; and (b) who has been given a residential statement before the commencement day; and (c) who, on the commencement day— (i) has not entered into a tenancy agreement with an SDA provider; or (ii) has not entered into an SDA residency agreement with an SDA provider; or (iii) has not worked with an SDA provider to establish an SDA residency agreement. -- 322 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 311 Authorised by the Chief Parliamentary Counsel (2) On the commencement day, Part 5 of the Disability Act 2006 as in force immediately before the commencement day, continues to apply to the SDA resident until the earlier of the following— (a) the SDA resident enters into a tenancy agreement with an SDA provider; (b) the SDA resident enters into an SDA residency agreement with an SDA provider; (c) the SDA resident works with the SDA provider to establish an SDA residency agreement; (d) the end of 6 months after the commencement day. (3) In this clause— commencement day means the day sections 293 and 313 of the Disability Service Safeguards Act 2018 come into operation; disability service provider has the same meaning as it has under section 3(1) of the Disability Act 2006; resident has the same as it has in section 3(1) of the Disability Act 2006; residential statement means the residential statement given to a person with a disability by disability service provider under Part 5 of the Disability Act 2006. 2 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of -- 323 of 333 -- Part 18—Residential Tenancies Act 1997 amendments—specialist disability accommodation Disability Service Safeguards Act 2018 No. 38 of 2018 312 Authorised by the Chief Parliamentary Counsel an application or savings nature, arising as a result of the enactment of— (a) Part 12A; and (b) Division 2 of Part 18 and Part 19 of the Disability Service Safeguards Act 2018. (2) Regulations made under this clause may— (a) have a retrospective effect to a day on or from the date that the Disability Service Safeguards Act 2018 receives the Royal Assent; and (b) be of limited or general application; and (c) differ according to differences in time, place or circumstances; and (d) leave any matter or thing to be decided by a specified person or class of persons; and (e) provide for the exemption of persons or matters or a class of persons or matters from any of the regulations made under this section. (3) Regulations made under this clause have effect despite anything to the contrary— (a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. (4) This clause is repealed on the second anniversary of the day on which it comes into operation.". -- 324 of 333 -- Part 19—Amendment of Disability Act 2006 consequential on enactment of Part 12A of Residential Tenancies Act 1997 Disability Service Safeguards Act 2018 No. 38 of 2018 313 Authorised by the Chief Parliamentary Counsel Part 19—Amendment of Disability Act 2006 consequential on enactment of Part 12A of Residential Tenancies Act 1997 311 Definitions In section 3(1) of the Disability Act 2006 insert the following definitions— "CoS supported accommodation client means an older person— (a) who is receiving continuity of supports under the Commonwealth Continuity of Support Programme in respect of specialist services for older people; and (b) who is not an NDIS participant; NDIS means the National Disability Insurance Scheme within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; NDIS participant means a person who is a participant in the NDIS; SDA enrolled dwelling means a permanent dwelling— (a) that provides long-term accommodation for one or more SDA residents; and (b) that is enrolled as an SDA dwelling under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016 of the Commonwealth as in force from time to time or under other rules made under the National Disability Insurance Scheme Act 2013 of the Commonwealth; and -- 325 of 333 -- Part 19—Amendment of Disability Act 2006 consequential on enactment of Part 12A of Residential Tenancies Act 1997 Disability Service Safeguards Act 2018 No. 38 of 2018 314 Authorised by the Chief Parliamentary Counsel (c) that may comprise of— (i) an area or room exclusively occupied by an SDA resident and common areas shared by other SDA residents under an SDA residency agreement; or (ii) the dwelling as a whole occupied exclusively by an SDA resident under an SDA residency agreement; or (iii) the dwelling as a whole occupied under a tenancy agreement (within the meaning of the Residential Tenancies Act 1997) by at least one SDA resident and other occupants who may or may not be SDA residents; SDA provider means a person registered under the NDIS to be a registered provider of supports including the provision of specialist disability accommodation; SDA residency agreement means an agreement between an SDA provider and an SDA resident in respect of an SDA enrolled dwelling; SDA resident means— (a) a person who is an SDA recipient; (b) a person who is a CoS supported accommodation client;". 312 Information systems and disclosure, use and transfer of information Section 39(10) of the Disability Act 2006 is repealed. -- 326 of 333 -- Part 19—Amendment of Disability Act 2006 consequential on enactment of Part 12A of Residential Tenancies Act 1997 Disability Service Safeguards Act 2018 No. 38 of 2018 315 Authorised by the Chief Parliamentary Counsel 313 Purpose and application of Part After section 56(4) of the Disability Act 2006 insert— "(5) This Part does not apply in respect of SDA residents residing in SDA enrolled dwellings. (6) This Part does not apply to disability service providers to the extent that the disability service provider is an SDA provider providing SDA enrolled dwellings to SDA residents.". 314 Regulations After section 221(1)(fb) of the Disability Act 2006 insert— "(fc) prescribing the functions of a community visitor in respect of SDA enrolled dwellings;". -- 327 of 333 -- Part 20—Amendments consequential on the enactment of Part 12A of the Residential Tenancies Act 1997 Disability Service Safeguards Act 2018 No. 38 of 2018 316 Authorised by the Chief Parliamentary Counsel Part 20—Amendments consequential on the enactment of Part 12A of the Residential Tenancies Act 1997 Division 1—Amendment of Land Tax Act 2005 315 Absence from principal place of residence After section 56(1A)(b)(ii) of the Land Tax Act 2005 insert— "(iia) in an SDA enrolled dwelling as an SDA resident within the meaning of the Residential Tenancies Act 1997; or". 316 Residential services for people with disabilities (1) For section 76A(1) of the Land Tax Act 2005 substitute— "(1) Land is exempt land if the Commissioner determines that it is occupied, or currently available for occupation— (a) as a residential service within the meaning of the Disability Act 2006; or (b) as an SDA enrolled dwelling provided by an SDA provider within the meaning of the Residential Tenancies Act 1997.". (2) In section 76A(3) of the Land Tax Act 2005, after "residential service" insert or "SDA enrolled dwelling". -- 328 of 333 -- Part 20—Amendments consequential on the enactment of Part 12A of the Residential Tenancies Act 1997 Disability Service Safeguards Act 2018 No. 38 of 2018 317 Authorised by the Chief Parliamentary Counsel Division 2—Amendment of Supported Residential Services (Private Proprietors) Act 2010 317 Meaning of supported residential service After section 5(1)(b) of the Supported Residential Services (Private Proprietors) Act 2010 insert— "(ba) premises that are SDA enrolled dwellings occupied by SDA residents within the meaning of the Residential Tenancies Act 1997;". Division 3—Amendment of Victorian Civil and Administrative Tribunal Act 1998 318 New clause 67AA inserted in Schedule 1 Before clause 67 in Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert— "67AA Application of provisions Except for the following specified provisions, this Part does not apply in respect of any proceeding under Part 12A of the Residential Tenancies Act 1997— (a) clauses 67 to 68; (b) clauses 71 to 75; (c) clauses 77A to 77F.". -- 329 of 333 -- Part 20—Amendments consequential on the enactment of Part 12A of the Residential Tenancies Act 1997 Disability Service Safeguards Act 2018 No. 38 of 2018 318 Authorised by the Chief Parliamentary Counsel 319 New clauses 77B to 77E inserted in Schedule 1 After clause 77A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert— "77B Appointment of litigation guardian If a party to any proceeding under Part 12A of the Residential Tenancies Act 1997 is a person with a disability, the Tribunal may appoint a litigation guardian, in accordance with the rules, to conduct the proceeding on behalf of the person with a disability. 77C Fees Despite section 68, no fee is payable in respect of an application under Part 12A of the Residential Tenancies Act 1997. 77D Commencement The Tribunal must commence the hearing of a proceeding on an application under Part 12A of the Residential Tenancies Act 1997 within 30 days of the application being lodged with the Tribunal unless a provision of that Part of that Act specifies a different period of time for commencement of the hearing of the proceeding. 77E Costs of Tribunal experts Despite clause 7(5) of Schedule 3, a person with a disability is not responsible for the costs of a Tribunal appointed expert under clause 7 of that Schedule in respect of a proceeding under Part 12A of the Residential Tenancies Act 1997. -- 330 of 333 -- Part 20—Amendments consequential on the enactment of Part 12A of the Residential Tenancies Act 1997 Disability Service Safeguards Act 2018 No. 38 of 2018 319 Authorised by the Chief Parliamentary Counsel 77F Service on SDA providers In addition to any manner of service provided for in section 140, a notice or other document in a proceeding under the Residential Tenancies Act 1997 may be served on, or given to, an SDA provider— (a) delivering it personally to the SDA provider's agent or to the person who usually collects the rent; or (b) sending it by post to the SDA provider's agent at the agent's usual place of business; or (c) giving it to a person apparently employed in the office of the SDA provider's agent.". -- 331 of 333 -- Part 21—Repeal of amending provisions Disability Service Safeguards Act 2018 No. 38 of 2018 320 Authorised by the Chief Parliamentary Counsel Part 21—Repeal of amending provisions 320 Repeal of amending provisions This Part, Division 2 of Part 17 and Parts 18, 19 and 20 are repealed on 1 July 2021. Note The repeal of this Part, Division 2 of Part 17 and Parts 18, 19 and 20 do not affect the continuing operation of the amendments mad by that Division and those Parts (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ -- 332 of 333 -- Endnotes Disability Service Safeguards Act 2018 No. 38 of 2018 321 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 25 July 2018 Legislative Council: 9 August 2018 The long title for the Bill for this Act was "A Bill for an Act to provide a regulatory scheme for disability workers and disability students, to amend the Residential Tenancies Act 1997 to provide for the rights and duties of SDA residents and SDA providers consistent with the National Disability Insurance Scheme, to make consequential amendments to the Disability Act 2006, the Health Complaints Act 2016, the Land Tax Act 2005, the Ombudsman Act 1973, the Public Administration Act 2004, the Supported Residential Services (Private Proprietors) Act 2010 and the Victorian Civil and Administrative Tribunal Act 1998 and for other purposes." -- 333 of 333 --