Victorian Numbered Acts

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SOCIAL SERVICES REGULATION ACT 2021 (NO. 37 OF 2021) - SECT 167

Regulator may issue suspension of intake notice

    (1)     The Regulator may issue a suspension of intake notice to a registered social service provider if     the Regulator reasonably believes that—

        (a)     the registered social service provider has contravened or is in contravention of—

              (i)     the conditions of registration; or

              (ii)     the Social Services Standards; or

              (iii)     a provision of this Act or the regulations; and

        (b)     the contravention poses a significant and ongoing risk of harm to the health and safety of any person.

    (2)     Subject to subsection (3), before issuing a suspension of intake notice under subsection (1), the Regulator must—

        (a)     give to the registered social service provider a written notice stating—

              (i)     the Regulator's     intention to issue the notice and     the grounds for doing so; and

              (ii)     that the registered social service provider may make oral or written submissions to the Regulator regarding the intended suspension within 14 days after the date of the notice; and

        (b)     consider any submissions received under paragraph (a)(ii).

    (3)     The Regulator may issue a suspension of intake notice with immediate effect and without giving notice or considering submissions under subsection (2) if the Regulator reasonably believes that it is necessary to do so to protect a person from a risk of serious harm.

    (4)     The Regulator may issue a suspension of intake notice to a registered social service provider with the consent of the registered social service provider.

    (5)     A suspension of intake notice must—

        (a)     be in writing; and

        (b)     state the Regulator's reasons for issuing the notice; and

        (c)     specify the social service that the registered social service provider is prevented from providing to any person who is not an existing service user.

    (5)     A suspension of intake notice continues in force until revoked by the written notice of the Regulator.



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