Victorian Disability Worker Commission

What types of complaints can you make?

You can make a complaint to the VDWC about the conduct, behaviour, or ability of any Disability Worker in Victoria. It doesn’t matter how their work is funded.

The kinds of complaints you can raise include:

• Poor quality of work: if the worker’s support is below a reasonable standard (e.g. not following care plans, neglecting duties, or providing unsafe services).
• Lack of skills, knowledge, or judgement: if the worker is untrained or makes unsafe decisions (e.g. using equipment incorrectly, attempting tasks they are not qualified to perform).
• Inability to provide services safely: if the worker’s own condition, behaviour, or circumstances mean they can’t provide safe care (e.g. fatigue, unmanaged health issues, or language barriers creating risks).
• Breaking the law or Code of Conduct: if the worker engages in abuse, neglect, exploitation, bullying, fails to respect rights, or breaches professional standards under the Disability Service Safeguards Act 2018 (Vic).
• Working while intoxicated: if the worker is under the influence of alcohol or drugs while providing support.
• Sexual misconduct: if the worker makes sexual comments, engages in unwelcome behaviour, or exploits their position.
• Failure to respect rights or privacy: if the worker disrespects dignity, culture, privacy, or communication needs.
• Serious misconduct: if the worker’s behaviour is grossly unacceptable or dangerous compared to normal professional standards.

The VDWC only investigates the conduct of individual workers. Complaints outside their scope include:

• NDIS plan or funding issues.
• Complaints about organisations or service providers (not individual workers).
• Pay, rostering, or employment disputes.
• Discrimination or human rights complaints unrelated to a worker’s conduct.
• Conduct outside Victoria.
• Issues already dealt with by police or courts (unless there’s an ongoing risk).
• Complaints about medical/allied health practitioners in their healthcare role (go to AHPRA instead).

The VDWC can act on complaints about any Disability Worker in Victoria.

• Time limits: There’s no strict deadline, but complaints made within 12 months of the incident are easiest to investigate. Complaints about conduct before July 2020 are usually out of scope, unless there is a current safety risk.
• Discretion: The VDWC does not have to investigate every complaint. It may decide not to act if the issue is minor, lacks detail, seems vexatious, or would be better handled by another organisation.

Who can you make a complaint against?

You can complain about individual Disability Workers in Victoria, not organisations. This includes:

• Disability Workers: anyone providing disability services, whether employed, self-employed, or contracted. This covers roles such as support workers, behaviour support practitioners, therapists, personal care assistants, or job coaches.
• Disability students: students listed on the public register who are providing services as part of supervised placements or study.
• Supervisors and managers: if they are directly involved in providing, overseeing, or influencing the delivery of services.
• Workers in non-traditional settings: people whose roles involve regular, significant support for people with disability, even outside disability-specific services. This could include education aides, drivers providing daily assistance, employment support staff, or recreation program staff.

You cannot complain about:

• Disability service organisations or businesses (complaints about providers go to the NDIS Quality and Safeguards Commission or the Disability Services Commissioner).
• Volunteers in purely private or casual roles (unless they are paid, or volunteering through an organisation that delivers disability services).
• Unpaid family members or informal carers (unless they are being paid to provide services).
• People with only incidental contact, such as receptionists, cleaners, IT or admin staff.
• People not delivering disability services (for example, a hospital nurse treating patients generally, rather than providing disability support).

Additional note: The VDWC can accept complaints about workers even if the behaviour happened in the past.

Are you eligible to make a complaint?

Who can make a complaint?‍

Anyone can make a complaint about a Disability Worker in Victoria. This includes:

• a person with disability
• a carer
• a family member
• a friend of someone with disability
• any member of the community

Pre-requisite steps:

‍You don’t need to do anything before making a complaint to the VDWC.

• If you feel comfortable, you may wish to raise your concern directly with the worker first, as sometimes issues come from misunderstandings.
• If that does not resolve the issue, or if it’s not appropriate, you can go straight to the VDWC.

Making a complaint on behalf of someone:

You can make a complaint for another person with disability.

• The VDWC prefers that the person with disability gives their consent and is involved in the process, so their voice is heard.
• If possible, talk with the person before lodging the complaint. The VDWC will also try to confirm their consent directly.
• In rare cases, the VDWC may proceed without consent if there is a serious safety concern or risk of harm.

Exclusions:

• If you are making a complaint for someone who has the capacity to give consent but has not agreed, the VDWC may not accept the complaint (unless safety is at risk).
• If you have no direct knowledge of the issue and cannot provide any useful information, the VDWC may decide not to investigate.

Additional information:

• You can make a complaint anonymously if you wish.
• The VDWC’s services are free. You don’t need a lawyer, though you may choose to get legal advice.

What can this body do to help?

The VDWC has a range of powers to deal with complaints about Disability Workers. What happens depends on how serious the issue is and whether the worker is registered with the Commission. Outcomes may focus on education, prevention, or protecting people from harm.

Ways the VDWC can respond include:

• Settle by agreement: The VDWC may help you and the Disability Worker reach a mutual agreement, which could involve clarifying what happened, rebuilding trust, or agreeing on a way forward.
• Apology: The VDWC can ask the Disability Worker to apologise to you or the person with disability affected.
• Conciliation: If both sides agree, the VDWC can arrange a conciliation. This is a formal, private meeting with an independent conciliator who helps everyone talk through the issue and work towards a resolution.
• Counselling: The VDWC can require the Disability Worker to attend counselling to learn more about their responsibilities and the standards they must follow.
• Health assessment (for registered workers): If there are concerns that a worker’s health may affect their ability to provide safe services, the VDWC can require them to undergo a health assessment.
• Performance assessment (for registered workers): The VDWC can require a registered worker to have their skills, behaviour and job performance assessed if there are concerns they are not working to an acceptable standard.
• Investigation: The VDWC can investigate if it believes a worker may have broken the law or the Code of Conduct. After the investigation, it can take action, refer the case elsewhere, or decide no further action is needed.
• Immediate action (for registered workers): In urgent or serious cases, the VDWC can suspend a worker’s registration, place conditions on it, or accept their resignation. It can also ban them from providing disability services if they pose a serious risk to safety.
• Prohibition order (for unregistered workers): The VDWC can stop an unregistered worker from providing disability services if they pose a serious risk. This may be permanent, temporary (up to 12 weeks), or subject to conditions.
• Referral to another body: If your complaint is better suited to another regulator (e.g. AHPRA, NDIS Commission, or the Disability Services Commissioner), the VDWC can refer it there.
• No further action: The VDWC may close a complaint if it is not substantiated, has already been resolved, is minor, or poses no ongoing risk.

Important to know:

• The VDWC cannot award financial compensation.
• Outcomes often focus on education, apologies, or conciliation for less serious matters.
• Stronger measures, like prohibition orders, are used in cases of serious or repeated misconduct.

How to prepare your complaint:

When preparing your complaint, it helps to provide clear and detailed information. This allows the VDWC to understand your concerns and respond appropriately.

• Your details: You can choose to complain anonymously, but this may limit how much the VDWC can help and you won’t receive updates.
  If you provide your details, include:
  • your full name
  • your preferred contact method (phone or email)
  • whether you are complaining for yourself or on someone else’s behalf.
• Details about the Disability Worker: Provide as much information as you can about the worker, including:
  • first and last name
  • any other names they use
  • the service provider or organisation they work for
  • their contact details (if known).
• Facts about what happened: Describe the behaviour or quality of work that concerns you. Include:
  • what happened and when
  • where it happened
  • who was involved or witnessed it
  • why it has caused concern.
  An intake officer will usually contact you after you lodge your complaint to clarify the details and record the issues and outcomes you’ve discussed.
• What you want to happen: If you have ideas about how the issue should be resolved (for example, an apology, counselling, or stopping unsafe practices), include them. If you’re unsure, the VDWC can suggest possible options.
• What not to include: Don’t make false or misleading statements. If you are unsure about details, it’s fine to say so. Avoid guessing.
• Other things to know:
  • All complaints are treated as confidential.
  • Usually, the worker will be told about the complaint. In rare cases, if telling them would create safety risks or harm an investigation, the VDWC may withhold details.
  • You can withdraw a complaint at any time. The VDWC may still act if there’s a serious risk to safety.

Lodging your complaint and next steps:

How to lodge your complaint:‍

You can make a complaint to the VDWC in the following ways:

• Online: VDWC Public Services portal
• Email: complaints@vdwc.vic.gov.au
• Post: GPO Box 181, Melbourne, VIC 3001
• Phone: 1800 497 132 (Monday–Friday, 9:30am–4:30pm)
• In person: Level 20, 570 Bourke Street, Melbourne (appointments recommended)

Interpreters and accessibility support are available free of charge.

What happens after you complain:

• If you use the online portal, an intake officer will usually contact you within 24 business hours. They may ask questions about you, the worker, and what outcomes you are seeking.
• You can also request a face-to-face meeting with a VDWC staff member.

Assessment:

• The VDWC has up to 60 days to resolve a complaint once the worker has been contacted for their response.
• After assessment, the VDWC may help settle the matter, refer the worker to counselling, arrange conciliation, or start a formal investigation.

Investigations:

• The VDWC can investigate if there may have been a breach of the Code of Conduct, unprofessional conduct, or if a worker’s impairment affects their ability to work safely.
• During an investigation, the VDWC can issue a temporary Prohibition Order (up to 12 weeks).
• After investigation, outcomes may include permanent prohibition, referral to another organisation, or no further action.

Other important information:

• Keep a copy of your complaint.
• Update the VDWC if your circumstances change or you get new information.
• Providing all relevant details at the start helps the process run more smoothly.

More information:

Refer to the factsheet provided below for more information.