Interview Highlight: Dan Stubbs - Victorian Disability Worker Commission

Published May 19, 2025, 6:45 AM

Sam speaks with Victorian disability worker commissioner, Dan Stubbs, about their campaign to promote mandatory notifications to the commission. 

These notifications help make the VDWC aware of potential risks to people who use disability services, so they can better prevent and protect people with disability from harm.

You can also find out more about the campaign by heading to the VDWC's webinar on May 28.

For info about the webinar head to info@vdwc.vic.gov.au or give the VDWC a call on 1800 497 132.

Dan, welcome back to Talking Vision. Thank you very much for your time.

Great to be here. Thanks, Sam. Really pleased to have a chat.

Now. Firstly, Dan, can you explain the role of the commission and what you do?

Sure. Sam. So the Victorian Disability Worker Commission is the only regulator like it in Australia. We regulate all disability workers in Victoria. And really that's any support worker or practitioner working with people with disabilities to support them in relation to barriers created by their disability. It's a pretty broad definition, and the overall objective is to promote and provide for a safer, stronger disability sector in Victoria. And we do that by a range of functions, including promoting a code of conduct, accepting complaints from anybody and receiving mandatory notifications from key people.

And Dan, I understand you're conducting a new campaign to encourage disability providers and workers to notify the BWC of conduct by disability workers that may put the people they support at risk. So could you explain a little bit more about this?

Sure. So this is all about us making sure that disability workers so people anyone working in the disability sector and disability service providers. So employers of disability workers who provide disability services know that they have an obligation to notify us of certain types of conduct. And that's conduct that puts people with disability at risk of harm. And so the key aspect of that for people to remember is if they have a reasonable belief of anyone with a disability being put at risk of harm by their disability worker, then we need to be told about that by either the service provider or another disability worker who becomes aware of that.

And following on from that, Dan, why do you believe it's important that disability workers and their employers notify the VDC?

There's a few reasons. And the primary reason is because often people with disabilities are in a vulnerable situation when they are relying on disability workers to provide assistance to them in the wide range of ways that we get support from disability workers and practitioners. The other reason that I think is really important is that often people with disabilities themselves. So when we're using disability services, it's a big ask to require that the person with disability make the complaint to us. You know, I think it's the hardest thing we can ever ask anyone with a disability or their family to do and that make a complaint about their support worker. We really need to see service providers or other disability workers calling out risky conduct. And the ultimate purpose, again, is to make sure that people with disabilities are safe when receiving disability services.

Does this apply to services to older people?

Dan Yeah, good question. Sam. It does. Because the Disability Worker Commission covers people working in disability, regardless of the age of the people disability. And there's many older people in places like aged care settings or even in their own home where they're receiving my aged care type services. They're usually receiving those kind of services because they have a disability. It might be an age related disability, but they are still receiving disability. So it doesn't matter what age someone is, it's about the fact that they're receiving a service in relation to their disability.

Could you give examples of some types of conduct that absolutely must be notified to the Commission, the sort of things they're looking to be aware of and stamp out?

There are four general categories that we require people to notify us of risky conduct. There's the situation where a worker is intoxicated by drugs or alcohol when working as a disability worker. The second one is when a disability worker has engaged in sexual misconduct while working. There's the situation where a disability worker has an impairment that puts a person with disability at risk of harm when they're practicing. Now, I just want to clarify. That doesn't mean that someone with a disability can't be a worker. It's very much about if that impairment puts someone at risk of harm. And the final one and the one where we deal with a lot. It's where a disability worker has departed from acceptable professional standards in the delivery of their disability service. And that's a fairly broad definition. But really, I really want people to concentrate on a disability worker putting someone with disability at risk of harm. That's the key criteria that overlays all of those areas of conduct.

When should a disability service provider or a worker make a notification?

The key driver for that is when another worker or the service provider has a reasonable belief that a disability worker has put a person with disability at risk of harm.

Dan, I noticed you mentioned reasonable belief in there. Could you expand on that a bit?

Reasonable belief is if someone has some sort of direct knowledge of the risky conduct that a worker is engaged in, so it's not going to be when someone maybe has a suspicion, but they don't also need to have seen the conduct. They can reasonably believe it because they had it reported directly to them by someone who witnessed it. So it's more than just a suspicion, but it doesn't mean you have to have direct evidence of that conduct.

Do disability service providers and workers still have to notify the VDS if they have reported it to the NDIS Quality and Safeguards Commission?

Yeah. One of the things about Victoria is that we have this scheme that regulates all disability workers across all types of funding. And yes, some disability workers are funded by the NDIS, some are funded in the aged care setting and some are funded in other places like education and health. We do require all types of conduct that put people with disability at risk of harm to be notified to us, particularly by service providers. It's really important that they let us know. Sometimes service providers will finish someone up or let them go if they are unhappy with their conduct. We want to be able to make sure that worker doesn't just go and act in the same way, with the same risky conduct at another service provider. And when we do receive these notifications, we are obliged to let the NDIS Quality and Safeguards Commission know about something. So anyone notifying us can feel confident that once they've told us if it is a matter, if it is an area of service that is funded by the NDIS, then they can be confident that the NDIS Commission will be notified by us to.

What is your message to our listeners regarding mandatory notifications?

I think the key thing is I know listeners will be users of disability services in different way, and I think people need to feel confident that if they use the services of any disability support worker, they are being held to a standard in Victoria where they have to be notified about if they are putting someone at risk of harm. And I think it's also important that if you experience the sort of conduct by a disability support worker that you feel has put you at risk of harm, you can let the service provider know and they will have to tell us. And I think that's really important. You don't need to necessarily do much more than that.

What's your message to disability service providers regarding their workers and mandatory notifications?

It's really important that service providers recognise that it's a lawful obligation, that they notify us of unsafe conduct by any disability support worker, and they should also make sure that the workers who they employ are qualified and capable and operate to a certain standard and know their obligations to report certain types of conduct, know how to report that conduct to us, and probably most importantly, feel supported by their employer to notify them and us of concerns they have.

On Li Dan, how can anyone find more information about mandatory notifications or the VW C more broadly?

First of all, I just want to let everyone know that in a few weeks time, we're holding a webinar for anyone interested. That's later in May. We're holding that webinar and people can log into that or see a recorded version on our website, and that will set out all the information anyone needs to know about making a notification. People can go to our website, which is simply VW. We're pretty easy to find on the internet by just googling us, the Disability Worker Commission in Victoria. And if there's any workers out there or service providers and they believe there has been the sort of conduct they need to notify us of. But you're not sure? Let us know and we'll talk you through that. Our intake staff are people who are very experienced in the disability sector, and we can talk people through what that is. And if people with disabilities want to let us know about poor quality services or the type of services that they think is putting them at risk of harm, they can also call us directly and we can deal with that directly with them as well. So please don't hesitate to give us a call and talk us through any matter that you're concerned about with your disability worker.

I've been speaking today with Victoria Disability Worker Commissioner Dan Stubbs about the latest campaign. The commission is currently running to inform people about mandatory notifications and give greater awareness for the rights of people with disabilities.

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