The Victorian Disability Worker Commission has the power to investigate complaints and or notifications alleging breaches of the Disability Service Safeguards Act and the Disability Service Safeguards Code of Conduct. The types of complaints and notifications that we may investigate include (but are not limited to):
- where there may have been a breach of the Code of Conduct
- the matter relates to an unregistered worker, who has been excluded or banned from practising or has committed a prescribed offence
- the matter relates to a registered disability worker, who may have an impairment that detrimentally affects their ability to work safely and which poses a serious risk to the life, health safety and welfare or a person, or the health, safety or welfare of the public the matter relates to a registered disability worker, whose conduct may be unprofessional
We will notify all relevant parties if we decide to investigate a complaint. We will tell parties what the investigation is about in writing unless doing so would cause a serious risk to the health, safety or welfare of a person or the public.
We will act fairly, without bias and independently towards all parties involved in an investigation.
We will act according to the principles of natural justice and procedural fairness. The Disability Service Safeguards Act has specific requirements about how we conduct our investigations. This includes giving a person an opportunity to make a submission to us about a decision that affects them.
At the conclusion of the investigation, we may decide to:
- counsel the disability worker
- take no further action
- refer the matter to the NDIS Quality and Safeguards Commission or any other appropriate entity for investigation or other action
- prohibit the worker from providing all, or specified, disability services.