Western Australian Consolidated Acts

DISABILITY SERVICES ACT 1993 - SECT 38

38 .         Rejection, deferral or referral of complaints

        (1)         The Director must reject a complaint that in the Director’s opinion — 

            (a)         is vexatious, trivial or without substance;

            (b)         does not warrant any further action; or

            (c)         does not comply with this Part.

        (2)         If an issue raised in a complaint has already been dealt with under another written law or a law of the Commonwealth or by a court, the Director must reject the complaint to the extent to which it relates to that issue.

        (3)         If an issue raised in a complaint is being dealt with under another written law or a law of the Commonwealth or by a court, the Director must defer dealing with the complaint to the extent to which it relates to that issue.

        (4)         If a complaint raises issues that in the opinion of the Director would be better dealt with under another written law, the Director may, with the written consent of the complainant, refer the complaint to the appropriate person to be dealt with under that other written law, but the Director may not refer a complaint to a court.

        [Section 38 amended by No. 44 of 1999 s. 22 and 23.]