Dealing with a complaint
117 Dealing with a complaint
The Disability Services Commissioner may stop dealing with a complaint if the Disability Services Commissioner is of the view that—
the complaint cannot be conciliated; or
S. 117(1)(b) amended by No. 22/2012 s. 47(1).
no further action is warranted; or
S. 117(1)(c) inserted by No. 22/2012 s. 47(2).
it is reasonable to stop dealing with the complaint.
S. 117(1A) inserted by No. 22/2012 s. 47(3).
Within 14 days after the Disability Services Commissioner decides to stop dealing with a complaint, the Disability Services Commissioner must give written notice of the decision to the service provider and the person who made the complaint.
S. 117(1B) inserted by No. 22/2012 s. 47(3).
The notice must specify the reasons for the decision to stop dealing with the complaint.
S. 117(2) amended by No. 22/2012 s. 47(4).
If a person who made a complaint and the service provider have resolved the matter by agreement and the Disability Services Commissioner becomes aware that the complaint has been resolved, the Disability Services Commissioner must stop dealing with the complaint under this Division unless the Disability Services Commissioner considers that the person making the complaint has been subjected to victimisation, coercion or duress.
S. 117(3) amended by No. 22/2012 s. 47(4).
At any time after the Disability Services Commissioner has received a complaint, the person who made it and the service provider may resolve the matter by agreement, whether through the conciliation process or not.
S. 117(4) amended by No. 22/2012 s. 47(4).
If the person who made a complaint and the service provider resolve the matter by agreement, the person who made the complaint must without delay give notice of the fact to the Disability Services Commissioner.
The Disability Services Commissioner may re‑open any complaint that the Disability Services Commissioner has stopped dealing with under subsection (1) if—
the person who made the complaint has provided new or additional information; and
the Disability Services Commissioner considers that the person who made the complaint is able to show good reason as to why the information was not previously provided.
S. 117(6) inserted by No. 22/2012 s. 47(5).
The Disability Services Commissioner may re‑open any complaint that the Disability Services Commissioner has stopped dealing with under subsection (1)(c) if the Disability Services Commissioner considers it is reasonable to do so.
S. 117(7) inserted by No. 22/2012 s. 47(5).
A complaint is re-opened under subsection (5) or (6) when the Disability Services Commissioner gives written notice of the decision to re‑open the complaint to the service provider and the person who made the complaint.
S. 117(8) inserted by No. 22/2012 s. 47(5).
The notice must specify the reasons for the decision to re‑open the complaint.
This Act’s bill:Explanatory memorandumSecond reading speech
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