Western Australian Current Acts Western Australian Current Acts (1) Subject to this
section, within 14 days after deciding to accept a complaint the Director
—
(a) must
give written notice of the decision to the provider; and
(ba) may
give the provider a written notice requiring the provider to give the Director
a written response to the complaint in accordance with section 36A; and
[(b) deleted]
(c) may
give notice of the decision to any other person concerned.
(2) If the Director
considers that on account of particular circumstances the disclosure of the
complainant’s identity in a notice under paragraph (a) of subsection (1)
—
(a) may
result in the health or safety of the user being put at risk; or
(b)
would prejudice the proper investigation of the complaint,
the Director in giving
the notice under that paragraph is not to disclose the identity of the
complainant.
(3) Where the Director
has acted under subsection (2), the Director must give notice to the provider
of the identity of the complainant if the Director later becomes satisfied
that the circumstances described in that subsection no longer apply.
(4) Subject to
subsection (2), a notice given under this section must include a copy or the
details of the complaint concerned.
[Section 35 amended: No. 33 of 2010 s. 17(1)(b)
and (2) (as amended: No. 35 of 2010 s. 84(2)); No. 35 of 2010 s. 84.]