Disability Services Act 1993

Having accepted a complaint and complied with section 37(3)(c), the Director may, by negotiating with the complainant and the respondent, attempt to bring about a settlement of the complaint that is acceptable to the parties to it.

For the purposes of subsection (1) the Director may make any inquiries the Director considers appropriate.

If within 56 days, or any longer period allowed under subsection (4), after the date of complying with section 37(3)(c) the complaint has not been settled under subsection (1), the Director must —

refer it for conciliation under section 39 if the Director is of the opinion it is suitable to be dealt with under that section; or

investigate it if the Director is of the opinion that —

it is not suitable to be dealt with under section 39; and

an investigation is warranted, taking into account the likely costs and benefits of the investigation.

The Director may extend that 56 day period if it is for the benefit of the complainant to do so.

If the Director decides a complaint is not suitable to be dealt with under section 39 and does not warrant investigating, the Director must advise the complainant in writing of the decision and that the Director will take no further action on the complaint.

Evidence of anything said or admitted during any negotiation conducted under subsection (1) is not admissible in proceedings before a court or tribunal.

Despite the Parliamentary Commissioner Act 1971 section 20(3), evidence referred to in subsection (6) may be disclosed to the Parliamentary Commissioner for Administrative Investigations for the purposes of an investigation under that Act.