118Investigation of a complaint

118 Investigation of a complaint (1) The Disability Services Commissioner must— (a) investigate a complaint which— (i) the Disability Services Commissioner has decided to accept and the Disability Services Commissioner considers is not suitable for conciliation; or (ii) the Disability Services Commissioner is of the view that conciliation has failed and further action is required; and (b) decide whether or not the complaint is justified. S. 118(2) amended by No. 22/2012 s. 48(1). (2) Unless section 120 applies, within 14 days after starting to investigate a complaint the Disability Services Commissioner must give written notice of the investigation and details of the complaint to the service provider. S. 118(3) repealed by No. 33/2017 s. 19. (4) If— S. 118(4)(a) amended by No. 22/2012 s. 48(2). (a) the Disability Services Commissioner considers that the person who made the complaint and the service provider cannot resolve the complaint; and (b) after investigating the complaint the Disability Services Commissioner determines that the complaint is justified— the Disability Services Commissioner must decide what action should be taken to remedy the complaint. (5) If the Disability Services Commissioner determines that a complaint is justified, the Disability Services Commissioner must give the appropriate notice under section 119. (6) The Disability Services Commissioner must not determine whether a complaint is justified or what action is to be taken in a way which conflicts with the provisions of any Act or subordinate instrument or any rule of law or practice. S. 118(7) amended by No. 22/2012 s. 48(3). (7) The Disability Services Commissioner must in determining whether a complaint is justified or what action is to be taken have regard to the impact on the service provider and any other person accessing the services of the service provider who may be affected. (8) If, in the course of investigating a complaint, the Disability Services Commissioner determines the complaint is suitable for conciliation, the Disability Services Commissioner must make all reasonable endeavours to conciliate the complaint in accordance with section 116.