After the full commencement of the scheme on 1 July 2020, each concern brought to the Commission will be different. We will discuss your concerns with you and decide if we, or other agencies, are the best organisation to deal with it. In many instances, providing information, education and advice may be enough to resolve the issue satisfactorily.
Concerns lodged with us could end in a range of ways, and include the following options:
- The complaint is resolved through providing information and education.
- Conciliation of the complaint by facilitating discussions and/or a face-to-face meeting to help people understand the concerns being raised, and to reach agreement on how it can be resolved.
- Investigation of the complaint by our investigators or authorised officers, who will gather evidence to establish whether the allegations made can be substantiated or not. In some instances, the allegation may not be substantiated and consequently the complaint will conclude with no further action being taken.
- A registered disability worker or registered disability student may be required to appear before a health or performance panel, or assessor, to establish their fitness to practise safely and competently.
- The Disability Worker Registration Board of Victoria or the Commission will have a number of regulatory actions available to them when an allegation about a disability worker has been substantiated, and it is serious enough to warrant action.
For registered disability workers and registered disability students, additional options open to the Board include any of the following actions:
- counselling the disability worker
- issuing a caution or reprimand
- imposing a condition or limitation on the registration of a registered disability worker or registered student
- accepting an undertaking from the disability worker or disability student
- referring the case to the Victorian Civil and Administrative Tribunal (VCAT) to be heard and determined by the tribunal.
VCAT has the power to caution or reprimand, impose conditions, order the disability worker to pay a fine up to $30,000, to suspend or cancel the disability worker's registration.
In the most serious cases, VCAT can disqualify the disability worker from applying for registration for a specified period or prohibiting the disability worker from providing disability services for a stated period or permanently.
For unregistered disability workers, the Victorian Disability Worker Commissioner has the power to prohibit an individual from providing some, or all, disability services. This can be for a limited period or permanently in serious matters.