Disability Services Act 1993

A respondent who is given a notice under section 37(3)(c) may give the Director a written response to the complaint concerned.

A respondent who is given a notice under section 37(4A) must give the Director a written response to the complaint concerned.

Any response given under subsection (1) or (2) must be given to the Director within 28 days, or any longer period allowed under subsection (4), after the date on which the provider receives a notice given under section 37(3)(c) or (4A), as the case requires.

The Director may extend that 28 day period for good reason.

If a respondent does not comply with subsection (2), the Director may nevertheless deal with the complaint under this Part.

A respondent who does not comply with subsection (2) does not commit an offence.

The Director must include in the annual report of the Complaints Office required by the Financial Management Act 2006 Part 5 the details of any breach of subsection (2) that, in the Director’s opinion, was committed without a reasonable excuse.

Evidence of anything said in a response given by a respondent under this section is not admissible in proceedings before a court or tribunal.

Despite the Parliamentary Commissioner Act 1971 section 20(3), evidence referred to in subsection (8) may be disclosed to the Parliamentary Commissioner for Administrative Investigations for the purposes of an investigation under that Act.

[Section 39A inserted: No. 33 of 2010 s. 43.]