DISABILITY SERVICES ACT 1993 - SECT 33
DISABILITY SERVICES ACT 1993 - SECT 33
33 . Who and what can be complained about
(1) A complaint may be
about —
(a) a
service provider who or which, at the time the subject matter of the complaint
arose, was providing a disability service, whether or not with funds granted
under Part 4; or
(b) a
service provider which is a public authority, other than the Health
Department, and which, at the time the subject matter of the complaint arose,
was providing a disability service, whether or not with funds granted under
Part 4; or
(c) the
Commission.
(2) A complaint made
under subsection (1) must allege that after the date on which this Act comes
into operation, a service provider or the Commission —
(a)
acted unreasonably by not providing a disability service to the complainant;
or
(b)
acted unreasonably by providing a disability service to the complainant,
whether the service was requested by the complainant or a third party; or
(c)
acted unreasonably in the manner of providing a disability service to the
complainant; or
(d)
acted unreasonably by denying or restricting the complainant’s access to
records relating to the complainant kept by the service provider or the
Commission; or
(e)
acted unreasonably in disclosing records or confidential information relating
to the complainant; or
(f)
failed to comply with the Carers Charter; or
(ga)
failed to comply with the Disability Services Standards, or failed to ensure
that those standards were met by service providers; or
(g) in
respect of a complaint about a matter mentioned in paragraphs (a) to (e) made
to the provider or Commission by a person with disability, acted unreasonably
by —
(i)
not properly investigating the complaint or causing it to
be properly investigated; or
(ii)
not taking, or causing to be taken, proper action on the
complaint;
or
(h)
acted unreasonably by charging the complainant an excessive fee; or
(i)
acted unreasonably with respect to a fee,
or that the Commission
acted unreasonably in making or not making a grant to the complainant under
Part 4.
(3) A complaint may be
made about a service provider that, at the time the subject matter of the
complaint arose, was providing or was required to provide a resident service.
(4) A complaint made
under subsection (3) may allege only that the service provider —
(a)
acted unreasonably by not providing a resident service to the complainant; or
(b)
acted unreasonably by providing a resident service to the complainant, whether
the service was requested by the complainant or a third party; or
(c)
acted unreasonably in the manner of providing a resident service to the
complainant; or
(d)
acted unreasonably by denying or restricting the complainant’s access to
records relating to the complainant kept by the service provider; or
(e)
acted unreasonably in disclosing records or confidential information relating
to the complainant; or
(f)
failed to have regard to the principles set out in the Declared Places Act
section 5(1) to (3) as required by section 5(4) of that Act; or
(g)
failed to have regard to the objectives set out in the Declared Places Act
section 6(1) to (7) as required by section 6(8) of that Act; or
(h)
failed to comply with the Carers Charter; or
(i)
in respect of a complaint about a matter mentioned in
paragraphs (a) to (e) made to the service provider by a resident, acted
unreasonably by —
(i)
not properly investigating the complaint or not causing
it to be properly investigated; or
(ii)
not taking, or not causing to be taken, proper action in
relation to the complaint;
or
(j)
failed to give an explanation as required under the Declared Places Act
section 8(1), (2) or (3) or failed to give an explanation in the manner
required by section 8(4) of that Act; or
(k)
acted unreasonably in the making of an order under the Declared Places Act
section 10(1) or (4); or
(l)
acted unreasonably in relation to the regulated behaviour management, as
defined in the Declared Places Act section 3, of a resident.
[Section 33 amended: No. 44 of 1999 s. 16; No. 37
of 2004 s. 28; No. 33 of 2010 s. 39; No. 40 of 2012 s. 13 and 24; No. 4 of
2015 s. 76.]