Disability Services Act 1993

A complaint about a person referred to in section 33(1) or (3) alleging one or more of the matters set out in section 33(2) or (4) may be made to the Director —

personally by a person with disability; or

on behalf of a person with disability, by a person who under subsection (2) is recognised as the person’s representative; or

by 2 or more persons —

on their own behalf; or

on behalf of themselves and another person or other persons.

A complaint may be made to the Director under this section by a professional registration Board where that Board becomes aware of one or more of the matters set out in section 33(2) in relation to a member of its profession.

The Director may recognise as a representative of a person with disability —

a person chosen as such by the person with disability; or

a person not chosen by the person with disability if, in the Director’s opinion —

the person with disability is unable personally to complain and is unable personally to choose a person to be his or her representative; and

the prospective representative is a person who has a sufficient interest in the subject matter of the complaint;

or

a person not chosen by the person with disability if —

the person with disability has died; and

in the Director’s opinion, the prospective representative is a person who has a sufficient interest in the subject matter of the complaint.

A person who is related (by blood or marriage) to, or is in a de facto relationship with, a person with disability may be his or her representative.

A complaint alleging the matter set out in section 33(2)(f) may be made to the Director by a carer about a person who —

is referred to in section 33(1); and

is an applicable organisation as defined in section 4 of the Carers Recognition Act 2004.

[Section 32 amended: No. 44 of 1999 s. 22 and 23; No. 37 of 2004 s. 27; No. 33 of 2010 s. 38; No. 40 of 2012 s. 12 and 24; No. 4 of 2015 s. 75.]