DISABILITY SERVICES ACT 1993 - SECT 39A
DISABILITY SERVICES ACT 1993 - SECT 39A
39A . Response by respondent
(1) A respondent who
is given a notice under section 37(3)(c) may give the Director a written
response to the complaint concerned.
(2) A respondent who
is given a notice under section 37(4A) must give the Director a written
response to the complaint concerned.
(3) Any response given
under subsection (1) or (2) must be given to the Director within 28 days, or
any longer period allowed under subsection (4), after the date on which the
provider receives a notice given under section 37(3)(c) or (4A), as the case
requires.
(4) The Director may
extend that 28 day period for good reason.
(5) If a respondent
does not comply with subsection (2), the Director may nevertheless deal with
the complaint under this Part.
(6) A respondent who
does not comply with subsection (2) does not commit an offence.
(7) The Director must
include in the annual report of the Complaints Office required by the
Financial Management Act 2006 Part 5 the details of any breach of subsection
(2) that, in the Director’s opinion, was committed without a reasonable
excuse.
(8) Evidence of
anything said in a response given by a respondent under this section is not
admissible in proceedings before a court or tribunal.
(9) Despite the
Parliamentary Commissioner Act 1971 section 20(3), evidence referred to in
subsection (8) may be disclosed to the Parliamentary Commissioner for
Administrative Investigations for the purposes of an investigation under that
Act.
[Section 39A inserted: No. 33 of 2010 s. 43.]