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HUMAN RIGHTS COMMISSION ACT 2005 (NO. 40 OF 2005) - SECT 40

When may someone complain about a service for people with a disability?

A person may complain to the commission about a service for people with a disability if—

        (a)     the service is not being provided appropriately; or

        (b)     the person believes that the provider of the service has acted inconsistently with any of the following:

              (i)     the Home and Community Care National Service Standards, as amended from time to time;

              (ii)     the human rights principles set out in the Disability Services Act 1991 , schedule 1;

              (iii)     the requirements to be complied with in relation to the design and implementation of programs and services relating to people with disabilities set out in the Disability Services Act 1991 , schedule 2;

              (iv)     the National Standards for Mental Health Services endorsed by the Australian Health Ministers Advisory Council's National Mental Health Working Group, as amended from time to time;

              (v)     the generally accepted standard of service delivery expected of a provider of the kind of service to which the complaint relates;

              (vi)     any other standard prescribed by regulation; or

        (c)     the service is not being provided.

Note     For the availability and the appropriate version of the standards mentioned in par (b) (i) and (iv), see s 96 (Inspection of incorporated documents) and s 97 (Notification of certain incorporated documents) (see also dict, def incorporated document ).



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