DISABILITY SERVICES ACT 1993 - SECT 32

DISABILITY SERVICES ACT 1993 - SECT 32

32 .         Who may complain

        (1)         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 —

            (a)         personally by a person with disability; or

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

            (c)         by 2 or more persons —

                  (i)         on their own behalf; or

                  (ii)         on behalf of themselves and another person or other persons.

        (2A)         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.

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

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

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

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

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

                or

            (c)         a person not chosen by the person with disability if —

                  (i)         the person with disability has died; and

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

        (3)         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.

        (4)         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 —

            (a)         is referred to in section 33(1); and

            (b)         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.]