Div 2Assessment of complaint

Division 2 Assessment of complaint

10.42 Secretary to make preliminary assessment

(1) The Secretary must make a preliminary assessment of the complaint.

(2) The purpose of the assessment is to decide:

(a) whether the complaint should be accepted; and

(b) if so:

(i) whether it should be referred to another agency; and

(ii) whether it should be resolved by negotiation, mediation or determination.

Note 1 The complaint can be referred to another agency — see Division 3.

Note 2 See Divisions 4, 5 and 6 in relation to negotiation, mediation and determination of a complaint.

10.43 Secretary may ask for more information

The Secretary may ask the complainant for more information about the complaint to enable the Secretary to make the preliminary assessment.

10.44 When preliminary assessment must be finished

(1) The Secretary must make the preliminary assessment of the complaint as soon as practicable, but within 14 days, after receiving the complaint.

(2) However, if the Secretary asks the complainant for more information, the Secretary must make the assessment within 7 days after receiving the information.

10.45 Refusal to accept complaint

(1) The Secretary may refuse to accept the complaint if it is satisfied that:

(a) the complaint is frivolous, vexatious or not made in good faith; or

(b) the subject matter of the complaint has been, or is, the subject of a legal proceeding; or

(c) there is an alternative way of dealing with the subject matter of the complaint and the complainant agrees to have the complaint dealt with in that way; or

(d) the complaint is not a complaint that the complainant is entitled to make under this Chapter; or

(e) the complaint should not be accepted for another reason.

Example for paragraph (c)

The complaints resolution mechanism established by the approved provider under section 56‑4 of the Act.

(2) In this section:

complaint includes part of the complaint.

10.46 Parties to be told about decisions

(1) The Secretary must tell the parties to the complaint in writing about the decisions that the Secretary makes under this Division.

(2) However, the Secretary is not required to give the relevant approved provider information if giving the information will, or is likely to:

(a) harm the investigation of the complaint by any other person or body; or