Western Australian Current Acts Western Australian Current Acts (1A) This section does
not apply to a complaint alleging a matter referred to in section 25(1)(j) or
(k).
(1) Having accepted a
complaint and complied with section 35, the Director may, by negotiating with
the person who made the complaint and the provider, attempt to bring about a
settlement of the complaint that is acceptable to the parties to it.
(2) For the purposes
of subsection (1) the Director may make any inquiries the Director considers
appropriate.
(3) If within 56 days,
or any longer period allowed under subsection (4), after the date of complying
with section 35 the complaint has not been settled under subsection (1), the
Director must —
(a)
refer it for conciliation under Division 2 if the Director is of the opinion
it is suitable to be dealt with under that Division; or
(b)
investigate it if the Director is of the opinion that —
(i)
it is not suitable to be dealt with under Division 2; and
(ii)
an investigation is warranted, taking into account the
likely costs and benefits of the investigation.
(4) The Director may
extend that 56 day period if it is for the benefit of the person who made the
complaint to do so.
(5) If the Director
decides a complaint is not suitable to be dealt with under Division 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.
[Section 36B inserted: No. 33 of 2010 s. 19;
amended: No. 35 of 2022 s. 20.]