DISABILITY SERVICES ACT 1993 - SECT 38
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; or
(b) does
not warrant any further action; or
(c) does
not comply with this Part.
(2A) The Director may
reject a complaint if, in the Director’s opinion, the complainant has
not taken reasonable steps to resolve the matter with the respondent.
(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.
(5) If a complaint
raises issues that in the opinion of the Director would be better dealt with
by a professional registration Board, the Director may, with the written
consent of the complainant, refer the complaint to the appropriate Board to be
dealt with by that Board’s disciplinary powers.
[Section 38 amended: No. 44 of 1999 s. 22 and 23;
No. 40 of 2012 s. 14; No. 4 of 2015 s. 77.]