Committee Principles 1997
Div 4Negotiation about complaint
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Division 4 Negotiation about complaint
10.52 Application of Division
(1) This Division applies if the Secretary:
(a) has accepted the complaint; and
(b) has not declined to deal any further with the complaint because the Secretary has referred the complaint to another agency; and
(c) has decided that the complaint should be resolved by negotiation.
(2) This Division also applies if the Secretary:
(a) has declined to deal temporarily with the complaint; but
(b) has resumed dealing with the complaint.
10.53 Secretary may attempt to resolve by negotiation
(1) The Secretary may endeavour to resolve the complaint by negotiation with the parties.
(2) However, the Secretary must not require the parties to communicate directly with each other.
(3) If one of the key personnel, or another employee, of the relevant approved provider represents the approved provider during the negotiation proceedings, the approved provider is bound by any representations made, or action taken, by the key personnel or other employee during, or for, the negotiation proceedings.
10.53A Secretary must act consistently with Accountability Principles
In performing the Secretary’s functions under this Division, the Secretary must act consistently with any provisions of the Accountability Principles applying to the performance of the Secretary’s functions.
Note The Accountability Principles set out various aspects of the access that the Secretary may have to a residential care service in carrying out functions under these principles.
10.53B Procedure if negotiation fails
(1) If the complaint is not resolved by negotiation under this Division, the Secretary must decide:
(a) to refer the complaint for mediation under Division 5; or
(b) to refer the complaint for determination under Division 6; or
(c) not to deal any further with the complaint.
(2) If the Secretary decides not to deal any further with the complaint, subsections 10.47AA (3) to (7) apply.
(3) In this section:
complaint includes part of the complaint.