36Making of reports

36 Making of reports

(1)  Any person may make a report to the Commissioner concerning any matter relating to the objects of this Act.

(2)  A report does not need to be in writing.

(3)  The Commissioner may make preliminary inquiries for the purpose of deciding how to deal with a report and may request further information from the person making the report.

(4)  Without limiting subsection (1) , a person may make a report about the following:

(a) matters relating to a person with disability if the person has reasonable grounds to believe that the person with disability is subject to or at risk of violence, abuse, neglect, coercion or exploitation;

(b) circumstances that the person has reasonable grounds to believe will result in violence against, or the abuse, neglect, coercion or exploitation of, a person with disability.

(5)  Without limiting subsection (1) , a person with disability may make a report if the person has reasonable grounds to believe that the person is subject to, or at risk of, violence, abuse, neglect, coercion or exploitation.

(6)  The Commissioner may, on the Commissioner’s own initiative, decide to deal with a matter as a report if the matter relates to a person with disability that the Commissioner has reasonable grounds to believe is subject to, or at risk of, violence, abuse, neglect, coercion or exploitation.

(7)  In order to conduct an investigation into a report of violence, abuse, neglect, coercion or exploitation of a person with disability, the Commissioner must obtain the consent of the person, unless the Commissioner is of the opinion that –

(a) the person is incapable of giving consent, despite having been provided with the appropriate support for the purposes of making such a decision; or

(b) it is not necessary to obtain consent due to the seriousness of the allegation or the risk to the personal safety of the person; or

(c) any other circumstances prescribed by the regulations exist.