Victorian Numbered Acts

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DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 49

When Commission may decide to take no further action

The Commission may take no further action in relation to a complaint made to the Commission about an unregistered disability worker if—

        (a)     the Commission is satisfied that the complaint is frivolous or vexatious or was not made in good faith; or

        (b)     the subject matter of the complaint is trivial, misconceived or lacking in substance and the Commission reasonably believes that it does not require complaint resolution, conciliation or investigation; or

        (c)     the complainant does not comply with a request for more information under section 47(2); or

        (d)     the subject matter of the complaint comes within the jurisdiction of an adjudication body or other entity; or

        (e)     the Commission is satisfied that there is no reasonable prospect of resolving the complaint by attempting to settle the complaint and the Commission does not believe that the complaint should be investigated under this Act; or

        (f)     the complaint or part of the complaint concerns a matter that falls within the responsibility of an entity established under an Act of the Commonwealth; or

        (g)     there is, or was, in relation to the complaint, a satisfactory alternative means of dealing with the matter by the complainant and the complainant does not have sufficient reason for not pursuing that alternative means; or

        (h)     the complaint has been withdrawn under section 37.



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