DISABILITY SERVICES ACT 1993 - SECT 39B
DISABILITY SERVICES ACT 1993 - SECT 39B
39B . Resolving complaints by negotiation
(1) Having accepted a
complaint and complied with section 37(3)(c), the Director may, by negotiating
with the complainant and the respondent, attempt to bring about a settlement
of the complaint that is acceptable to the parties to it.
(2) For the purposes
of subsection (1) the Director may make any inquiries the Director considers
appropriate.
(3) If within 56 days,
or any longer period allowed under subsection (4), after the date of complying
with section 37(3)(c) the complaint has not been settled under subsection (1),
the Director must —
(a)
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
(b)
investigate it if the Director is of the opinion that —
(i)
it is not suitable to be dealt with under section 39; and
(ii)
an investigation is warranted, taking into account the
likely costs and benefits of the investigation.
(4) The Director may
extend that 56 day period if it is for the benefit of the complainant to do
so.
(5) If the Director
decides a complaint is not suitable to be dealt with under section 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.
(6) Evidence of
anything said or admitted during any negotiation conducted under subsection
(1) is not admissible in proceedings before a court or tribunal.
(7) Despite the
Parliamentary Commissioner Act 1971 section 20(3), evidence referred to in
subsection (6) may be disclosed to the Parliamentary Commissioner for
Administrative Investigations for the purposes of an investigation under that
Act.
[Section 39B inserted: No. 33 of 2010 s. 43.]