Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the
conciliation process fails to result in the settlement of the complaint
between the complainant and the respondent, the Director must investigate the
complaint.
[(2) deleted]
(3) The Director may
at any time try to encourage the settlement of a complaint by means of
conciliation.
(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) has occurred and in so
deciding, the Director is to have regard to —
(a) the
principles in Schedule 1 and the objectives in Schedule 2;
(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 standard of service delivery expected of a service provider
or the Commission, as the case may be;
(e) such
other standards of service for disability service users as are prescribed; and
(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;
(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.
[Section 40 amended by No. 44 of 1999
s. 18 and 22; No. 37 of 2004 s. 29; No. 57 of 2004 s. 26.]