DISABILITY SERVICES ACT 1993 - SECT 37
DISABILITY SERVICES ACT 1993 - SECT 37
37 . Preliminary decision by Director
(1) Within 28 days
after receiving a complaint the Director must decide whether, and to what
extent —
(a) to
accept it; or
(b) to
reject, defer or refer it under section 38,
but the Director may
extend the 28 day period for a further period not exceeding 28 days if it is
for the benefit of the complainant to do so.
(2) To enable the
Director to make a decision under subsection (1) the Director may make such
inquiries as the Director considers appropriate.
(3) Within 14 days
after making a decision under subsection (1), the Director must —
(a) if
the complaint is rejected — give to the complainant written details of
the decision; or
(b) if
the complaint is deferred or referred —
(i)
give to the complainant — written details of the
decision; and
(ii)
give to the respondent — written details of the
complaint and of the decision;
or
(c) if
the complaint is accepted —
(i)
give to the complainant — written details of the
decision and of the arrangements made for conciliation discussions between the
complainant and the respondent; and
(ii)
give to the respondent — written details of the
complaint, of the decision, and of the arrangements made for conciliation
discussions between the complainant and the respondent and a written statement
that the respondent may make submissions to the Director.
(4A) If under
subsection (1) a complaint is accepted, the Director may give the respondent a
written notice requiring the respondent to give the Director a written
response to the complaint in accordance with section 39A.
(4B) If under
subsection (1) a complaint is accepted, the Director must then —
(a)
attempt to settle it in accordance with section 39B; or
(b)
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
(c)
investigate it if the Director is of the opinion that —
(i)
it is not suitable to be dealt with under either
section 39B or 39; and
(ii)
an investigation is warranted, taking into account the
likely costs and benefits of the investigation.
(4) If the Director
considers that on account of particular circumstances the disclosure of the
complainant’s identity —
(a) may
result in the health, safety or welfare of the complainant being put at risk;
or
(b)
would prejudice the proper investigation of the complaint,
the Director, in
giving written details under subsection (3)(b) or (c), is not to disclose the
identity of the complainant.
(5) Where the Director
has acted under subsection (4), the Director must disclose the identity of the
complainant to the respondent if the Director later becomes satisfied that the
circumstances described under that subsection no longer apply.
(6) If the Director
decides that a complaint is not suitable to be dealt with under either
section 39B or 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.
(7) While performing
functions under this section in relation to a complaint, the Director must not
try to settle the complaint.
[Section 37 amended: No. 44 of 1999 s. 22; No. 33
of 2010 s. 42.]