DISABILITY SERVICES ACT 1993 - SECT 40

DISABILITY SERVICES ACT 1993 - SECT 40

40 .         Investigation of complaints and referred matters

        [(1), (2)         deleted]

        (3)         The Director may at any time during an investigation try to encourage the settlement of a complaint.

        (4)         The purpose of an investigation is to enable the Director to decide whether or not any unreasonable conduct referred to in section 33(2) or (4) has occurred and in so deciding, the Director is to have regard to the following —

            (a)         the principles in Schedule 1 and the objectives in Schedule 2;

            (ba)         in the case of an investigation in relation to the provision of a resident service, the following —

                  (i)         the principles and objectives set out in the Declared Places Act Part 2;

                  (ii)         any relevant individual development plan as defined in section 3 of that Act;

                  (iii)         each applicable minimum standard under section 46 of that Act;

                  (iv)         the provisions of any relevant contract;

            (b)         any agreement entered into by the service provider under section 25, or contract entered into under section 26B or assigned to the service provider under section 26C;

            (c)         any disability access and inclusion plan prepared under section 28;

            (d)         the generally accepted quality of service delivery expected of a service provider or the Commission, as the case may be;

            (e)         the Disability Services Standards;

            (f)         the Carers Charter.

        (5)         In conducting an investigation the Director —

            (a)         must proceed with as little formality and technicality and as speedily as the requirements of this Part and proper investigation of the matter permits; and

            (b)         is not bound by the rules of evidence but may inform himself or herself of any matter in such manner as he or she considers appropriate; and

            (c)         may, subject to this Part and the rules of natural justice, determine his or her own procedures.

        (6)         In conducting an investigation the Director may make use of a member of the staff.

        (7)         If the conciliation process is successful in the settlement of a complaint between the complainant and the respondent, the conciliator must make a final report to the Director on the result of that process.

        (8)         A report made under subsection (7) is to include details of any agreement reached.

        [Section 40 amended: No. 44 of 1999 s. 18 and 22; No. 37 of 2004 s. 29; No. 57 of 2004 s. 26; No. 33 of 2010 s. 45; No. 40 of 2012 s. 16; No. 4 of 2015 s. 79.]