NSWIn ForceAct
Community Services (Complaints, Reviews and Monitoring) Act 1993
23Who may make a complaint?
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#### 23 Who may make a complaint?
23 Who may make a complaint?
> > (1) A community services complaint may be made by any person who demonstrates to the satisfaction of the Ombudsman that he or she has a genuine concern in the subject-matter of the complaint.
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> > (2) Without limiting the generality of subsection (1), a complaint may be made—
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> > > (a) by a person advocating on behalf of the person in respect of whom the relevant service was provided, withdrawn, varied or administered, or
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> > > (b) by a person who is responsible for, or is a next friend of, the person in respect of whom the relevant service was provided, withdrawn, varied or administered.
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> > (3) A person who is, in the opinion of the Ombudsman, unjustifiably interfering in a matter is not entitled to make a complaint in relation to the matter.
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> > (4) In determining whether a person is unjustifiably interfering in a matter, the Ombudsman is to take into account, to the extent that it is practicable to do so, the wishes and interests of any other persons who have an interest in the matter.
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> > (5) This section has effect despite any provision of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068).
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> **s 23:** Ins 2002 No 42, Sch 1 \[22\]. Am 2014 No 20, Sch 1 \[10\].