(1) A provider who is
given a notice under section 35(1)(a) may give the Director a written response
to the complaint concerned.
(2) A provider who is
given a notice under section 35(1)(ba) must give the Director a written
response to the complaint concerned.
(3) Any response given
under subsection (1) or (2) must be given to the Director within 28 days, or
any longer period allowed under subsection (4), after the date on which the
provider receives a notice given under section 35(1)(a) or (ba), as the case
requires.
(4) The Director may
extend that 28 day period for good reason.
(5) If a provider does
not comply with subsection (2), the Director may nevertheless deal with the
complaint under this Act.
(6) A provider who
does not comply with subsection (2) does not commit an offence.
(7) The Director must
include in the Office’s annual report required by the
Financial Management Act 2006 Part 5 the details of any breach of subsection
(2) that, in the Director’s opinion, was committed without a reasonable
excuse.
[Section 36A inserted: No. 33 of 2010 s. 18;
amended: No. 35 of 2022 s. 17.]