Page 2141 - Week 07 - Thursday, 4 June 2015

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omit proposed new section 352H (3), substitute

(3) However, a complaint—

(a) may be made orally if the director-general is satisfied on reasonable grounds that exceptional circumstances justify action without a written complaint; and

Example—exceptional circumstances

Waiting until the complaint is put in writing would make action in response to the complaint impossible or impractical.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(b) need not include the complainant’s name and address if the director-general is satisfied on reasonable grounds that exceptional circumstances justify action without the complainant’s name and address.

(3A) If a complaint is made orally under subsection (3) (a), the director general must make a written record of the complaint as soon as practicable.

(3B) If a complaint does not include the complainant’s name and address under subsection (3) (b), the director-general need not report to the complainant under—

(a) section 352K (Complaints—investigation); or

(b) section 352M (Complaints—action after investigation).

Clause 8

Proposed new section 352K (2) to (4)

Page 9, line 3—

insert

(2) Before investigating a complaint, the director-general must—

(a) tell the complainant, in writing, that the complaint is to be investigated; and

(b) tell the approved care and protection organisation the subject of the complaint, in writing—

(i) that the director-general has received a complaint about the organisation; and

(ii) the details of the complaint; and

(iii) that the director-general is going to investigate the complaint; and

(iv) that the organisation may make an oral or written submission to the director general about the complaint.

(3) However, if the director-general considers that disclosure of a particular detail of the complaint (including the complainant’s name or address) may have an adverse effect on the complainant, the director-general—

(a) must not disclose the detail; and

(b) may instead include a general statement about the detail.

(4) During the investigation, the director-general must tell the complainant, in writing, how the investigation is progressing (a progress report) not later than 6 weeks after the last time the director general told the complainant about the progress of the investigation.

Note The director general need not notify the complainant under s (2) if the complaint does not include the complainant’s name and address (see s 352H).

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