Western Australian Consolidated Acts

DISABILITY SERVICES ACT 1993 - SECT 33

33 .         Who and what can be complained about

        (1)         A complaint may only 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;

            (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 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;

            (b)         acted unreasonably by providing a disability service to the complainant;

            (c)         acted unreasonably in the manner of providing a disability service to the complainant;

            (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;

            (e)         acted unreasonably in disclosing records or confidential information relating to the complainant;

            (f)         failed to comply with the Carers Charter,

                or that the Commission acted unreasonably in making or not making a grant to the complainant under Part 4.

        (3)         A person must not make a statement in a complaint that the person knows is false or misleading in a material respect.

        Penalty: $2 500.

        [Section 33 amended by No. 44 of 1999 s. 16; No. 37 of 2004 s. 28.]