Western Australian Current Acts Western Australian Current Acts (1) Within 28 days
after receiving a complaint, or an element of a complaint, that is not to be
dealt with by the National Board established for a registered provider’s
health profession, the Director must decide whether, and to what extent
—
(a) to
accept it; or
(b) to
reject it under section 24, 26 or 30; or
(c) to
refer it under section 28 or 32,
but the Director may
extend the 28 day period for a further period not exceeding 28 days if it is
for the benefit of the person who made the complaint to do so.
(2) To enable the
Director to make a decision under subsection (1) the Director may make such
inquiries as the Director considers appropriate.
(3) If there is a
delay in obtaining information requested by the Director, he or she may extend
the period within which a decision must be made under subsection (1).
(4) If the Director
decides to accept a complaint alleging 1 or more of the matters set out in
section 25(1)(a), (b), (c), (d), (e), (f), (g) or (h) in whole or in part, the
Director must then —
(a)
attempt to settle it in accordance with Part 3A Division 1; or
(b)
refer it for conciliation under Part 3A Division 2 if the Director is of the
opinion it is suitable to be dealt with under that Division; or
(c)
investigate it if the Director is of the opinion that —
(i)
it is not suitable to be dealt with under either Part 3A
Division 1 or 2; and
(ii)
an investigation is warranted, taking into account the
likely costs and benefits of the investigation.
(5) If the Director
decides to accept a complaint alleging a matter referred to in
section 25(1)(i) in whole or in part, the Director must then —
(a)
attempt to settle it in accordance with Part 3A Division 1; or
(b)
refer it for conciliation under Part 3A Division 2; or
(c)
investigate it.
(5A) If the Director
decides to accept a complaint alleging a matter referred to in
section 25(1)(j) or (k) in whole or in part, the Director must then
investigate it.
(6) If the Director
decides —
(a) to
reject a complaint; or
(b) that
a complaint is not suitable to be dealt with under either Part 3A Division 1
or 2 and does not warrant investigating,
the Director must, in
writing, advise the person who made the complaint of the decision and that the
Director will take no further action on the complaint.
(7) While performing
functions under this section in relation to a complaint, the Director must not
try to settle the complaint.
[Section 34 amended: No. 35 of 2010 s. 83(1) and
(4); No. 33 of 2010 s. 16 (as amended: No. 35 of 2010 s. 83(3)); No. 35 of
2022 s. 16.]