128EDecision that action should be taken

128E Decision that action should be taken (1) If the Commissioner makes a relevant decision in a systemic initiated investigation, the Commissioner must decide if any action should be taken by the service provider, who was given notice under section 128C and investigated by the Commissioner, to improve services or prevent neglect or abuse. (2) If the Commissioner makes a relevant decision in an individual initiated investigation, the Commissioner must decide if any action should be taken by the service provider to improve services or prevent neglect or abuse. (3) The Commissioner must not make a relevant decision or determine that action should be taken under subsection (1) or (2) in a way which conflicts with the provisions of any Act or subordinate instrument or any rule of law or practice. (4) The Commissioner, in making a relevant decision or in determining that action should be taken under subsection (1) or (2), must have regard to the impact on any service provider who may be affected and any other person accessing the services of that service provider. ***relevant decision*** means a decision of the Commissioner under section 128D that— (a) a persistent or recurring systemic issue about abuse or neglect in the provision of the services exists; or (b) abuse or neglect has occurred in the provision of the service to the person with a disability. S. 128F inserted by No. 33/2017 s. 28.