DISABILITY ACT 2006 - SECT 114 Circumstances in which the Disability Services Commissioner may decline to consider a complaint

DISABILITY ACT 2006 - SECT 114

    (1)     The Disability Services Commissioner may decline to consider a complaint if—

        (a)     the person has not complied with a requirement under section 111; or

        (b)     the Disability Services Commissioner considers that the complaint—

              (i)     is frivolous; or

              (ii)     is vexatious; or

              (iii)     is misconceived; or

              (iv)     is lacking in substance; or

              (v)     does not warrant investigation; or

        (c)     the complaint has already been determined by a court, board or tribunal and does not raise any matter or issue that was not considered in that determination; or

        (d)     the complaint is being considered by a court, board or tribunal; or

        (e)     the complaint relates to an incident which occurred more than 12 months before the complaint is made and the Disability Services Commissioner considers the person who made the complaint has not shown a good reason for the delay; or

        (f)     the Disability Services Commissioner considers that the Disability Services Commissioner does not have the jurisdiction to consider the complaint under this Act; or

        (g)     the Disability Services Commissioner considers that the complaint raises issues which require investigation by another person, court, board or tribunal.

    (2)     If subsection (1)(f) or (1)(g) applies, the Disability Services Commissioner may refer the complaint and any relevant information to the person, court, board or tribunal which the Disability Services Commissioner considers has power to resolve or deal with the matter.

S. 114(3) amended by No. 22/2012 s. 44(1).

    (3)     Unless subsection (4) applies, the Disability Services Commissioner must not conciliate or investigate a complaint unless the Disability Services Commissioner is satisfied that all reasonable steps have been taken to resolve the matter with the service provider.

    (4)     Despite subsection (3), the Disability Services Commissioner may refer a complaint for conciliation or investigate a complaint if the Disability Services Commissioner considers that if he or she does not do so—

S. 114(4)(a) amended by No. 22/2012 s. 44(2).

        (a)     the health, safety or welfare of the person accessing the service may be affected; or

S. 114(4)(b) amended by No. 22/2012 s. 44.

        (b)     there is a risk that the person accessing the service may be victimised or intimidated because the matter has been raised with the service provider.