Western Australian Current Acts

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HEALTH AND DISABILITY SERVICES (COMPLAINTS) ACT 1995 - SECT 20

20 .         Representatives of users

        (1)         The Director may recognize as a user’s representative a person whom the user has chosen to complain on the user’s behalf.

        (2)         The Director may recognize as a user’s representative a person who is not chosen by the user, and may allow that person to complain to the Director on the user’s behalf, if —

            (a)         the user —

                  (i)         has died; or

                  (ii)         in the Director’s opinion, is unable to complain to the Director and unable to choose a person to complain on the user’s behalf;

                and

            (b)         the person who wishes to represent the user has, in the Director’s opinion, a sufficient interest in the subject matter of the complaint.

        (3)         The Director is not to recognize a person as a representative unless the person satisfies the Director that he or she —

            (a)         is acting without remuneration; and

            (b)         except in the case of a relative of the user, has no financial interest in the outcome of the complaint.

        (4)         In subsection (3) —

        relative , in relation to a user, includes a de facto partner of the user.

        [Section 20 amended: No. 28 of 2003 s. 79; No. 33 of 2010 s. 11.]



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