Western Australian Current Acts

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HEALTH AND DISABILITY SERVICES (COMPLAINTS) ACT 1995 - SECT 23

23 .         Complaints to public providers, referral under administrative instructions

        (1)         If —

            (a)         a complaint has been made to a public provider alleging one or more matters set out in section 25(1)(a), (b), (c), (d), (e), (f), (g) or (h); and

            (b)         there are administrative instructions in force under subsection (4) about the resolution of such complaints; and

            (c)         the complaint has not been resolved in accordance with those administrative instructions,

                the complaint is to be referred to the Director in accordance with those administrative instructions.

        (2)         A complaint by a person that is referred under subsection (1) is to be treated by the Director as if it were a complaint made by that person under section 19.

        (3)         The referral does not require the consent of the person who made the complaint.

        (4)         The Minister may issue administrative instructions for the purposes of this section by publishing the same in the Government Gazette , and may in the same way revoke or amend any instructions in force.

        (5)         The administrative instructions are not subsidiary legislation for the purposes of the Interpretation Act 1984 .

        [Section 23 amended: No. 35 of 2022 s. 10.]



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