A disability worker from Melbourne’s north has been fined $15,000 after pleading guilty to contravening Interim Prohibition Orders by continuing to provide disability services to people with disability in Victoria while banned from doing so.
In 2023, the Victorian Disability Worker Commission commenced an investigation into the conduct of disability worker, Anh Quoc Vuong. During the investigation, the Commission issued an Interim Prohibition Order due to safety concerns for people with disability and the public, preventing Mr Vuong from providing disability services.
Later in 2023, the Commission was alerted that Mr Vuong was continuing to work in the disability sector, in breach of the Interim Prohibition Orders. The Commission took action against the worker, bringing a prosecution under section 263 of the Disability Service Safeguards Act 2018, which provides that it is an offence for a disability worker to whom an Interim Prohibition Order applies to fail to comply with the order.
In the Broadmeadows Magistrates’ Court, Mr Vuong pleaded guilty to three charges of providing disability services in contravention of an Interim Prohibition Order. This included providing disability services on 16 separate occasions to two different clients while banned.
Mr Vuong was convicted and fined $15,000 in aggregate for the three charges. Mr Vuong was also ordered to pay $7,500 in costs.
This prosecution represents the first enforcement action of its kind under section 263 of the Act, establishing an important precedent for the protection of people with disability in Victoria.
In sentencing, Magistrate McNamara noted the importance of a prosecution of breaches of this kind to ensure public confidence that prohibition orders will be respected and enforced.
Quotes from Commissioner Dan Stubbs
“This outcome shows that the Commission will act to prevent harm and abuse by workers in the disability sector and that workers can expect serious consequence from the regulator. This prosecution case sends a clear message to all disability workers - if you do something that isn’t right, if you abuse your position, neglect your duties, or harm the people you are meant to support, there will be consequences.
“I prohibited Mr Vuong from working with people with disability due to allegations of serious criminal conduct. It’s important for the protection of disability service users that my orders like this are adhered to.
“People with disability have the right to safety, dignity and respect and deserve the highest-quality services to help them live their best lives. We will continue to take action to uphold those rights.”