South Australian Numbered Regulations South Australian Numbered Regulations(1) In this regulation—
"code of conduct" means the code of conduct to be observed by accredited professionals adopted by the Minister under clause 1(1)(d) of Schedule 3 of the Act.
(2) A person may make a complaint to the accreditation authority about an accredited professional if the person believes—
(a) that the accredited professional has failed to comply with, or acted in contravention of, the Act or any regulations under the Act (including these regulations) with respect to any matter associated with any assessment, decision, permission, consent, approval, authorisation, certificate or process that relates to any development (or proposed development); or
(b) without limiting paragraph (a), that the accredited professional has acted in manner that constitutes an offence under section 91 of the Act; or
(c) that the accredited professional has acted in contravention of the code of conduct.
(3) A complaint must—
(a) be made in the approved form; and
(b) contain particulars of the allegation on which the complaint is based; and
(c) be verified by statutory declaration.
(4) Except with the approval of the accreditation authority, a complaint must not be lodged with the accreditation authority more than 12 months after the day on which the complainant first had notice of the matters alleged in the complaint.
(5) The accreditation authority may require the complainant to give further particulars of the complaint (verified, if the accreditation authority so requires, by statutory declaration).
(6) The accreditation authority may refuse to investigate a complaint or, having accepted a complaint for investigation, may refuse to proceed further, if it appears to the accreditation authority—
(a) that the complainant does not have a sufficient interest in the matter to which the complaint relates; or
(b) that the matter raised by the complaint is trivial; or
(c) that the complaint is frivolous or vexatious or is not made in good faith; or
(d) that it would be more appropriate for proceedings to be initiated in a court or tribunal constituted by law, or for the matter to be handled by another authority; or
(e) that there is some other good reason not to proceed (or further proceed) with the matter under this regulation.
(7) If an accreditation authority has given an accredited professional notice of a complaint and then decides not to proceed (or further proceed) with the complaint under subregulation (6), the accreditation authority must ensure that the accredited professional is given notice of that decision.
(8) The accreditation authority may appoint a person to investigate the complaint.
(9) If the accreditation authority appoints an investigator—
(a) the accreditation authority must inform the accredited professional to whom the complaint relates of the appointment of the investigator and furnish formal notification of the nature of the complaint; and
(b) the investigator must conduct an investigation into the complaint as soon as practicable after the appointment has been made; and
(c) the investigator must give the accredited professional a reasonable opportunity to make representations to the investigator about the complaint; and
(d) the investigator may require the accredited professional to provide to the investigator any document or other information relevant to the investigation of the complaint (verified, if the investigator so requires, by statutory declaration); and
(e) the investigator—
(i) must otherwise comply with the rules of natural justice; and
(ii) subject to subparagraph (i), may conduct the investigation in such a manner as the investigator thinks fit (including by undertaking such other consultations and undertaking such other inquiries as the investigator thinks fit).
(10) If during an investigation the investigator is satisfied that there is a matter about which another complaint could have been made against the accredited professional, the investigator may, after consultation with the accreditation authority, deal with the matter as if a complaint had been made about the matter.
(a) may report to the accreditation authority at any stage of the investigation; and
(b) must report to the accreditation authority at the conclusion of the investigation.
(12) The accreditation authority must provide the person to whom the complaint relates with a copy of a report presented under subregulation (11)(b) (and the accreditation authority may, if the accreditation authority thinks fit, invite a response from the person).
(13) The accreditation authority may, on the receipt of a report under subregulation (11)(b), or at the conclusion of any process that the accreditation authority has adopted in the alternative—
(a) decide to take no further action on the complaint; or
(b) undertake any consultation or further inquiry as the accreditation authority thinks fit; or
(c) caution or reprimand the accredited professional; or
(d) make recommendations to the accredited professional; or
(e) impose conditions on the accreditation of the accredited professional; or
(f) alter the accreditation of the accredited professional to a lower level of accreditation; or
(g) take action under these regulations to cancel or suspend the accredited professional's accreditation; or
(h) take such other action as the accreditation authority thinks fit.
(14) The accreditation authority must inform the complainant of the outcome of a complaint under subregulation (13).
(15) Nothing in this regulation limits or restricts any other action or proceeding that may be taken against or in relation to an accredited professional.