45When Board may decide to take no further action

45 When Board may decide to take no further action

(1) The Board may decide to take no further action in relation to a complaint if—

(a) the Board reasonably believes the complaint is frivolous, vexatious, misconceived or lacking in substance; or

(b) given the period of time that has elapsed since the matter which is the subject of the complaint occurred, it is not practicable for the Board to investigate or otherwise deal with the complaint; or

(c) the person to whom the complaint relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the complaint; or

(d) the subject matter of the complaint has already been dealt with adequately by the Board or the Commission; or

(e) the subject matter of the complaint—

(i) is being dealt with, or has been dealt with, by another entity; or

(ii) has been referred by the Board to another entity to be dealt with by that entity; or

(f) the registered disability worker or disability student to whom the complaint relates has taken appropriate steps to remedy the matter which is the subject of the complaint and the Board reasonably believes no further action is required in relation to the complaint; or

(g) the complaint is made more than 12 months after the provision of the disability service that is the subject matter of the complaint; or

(h) the complaint is made more than 12 months after the disability service sought was not provided.

(2) A decision by the Board to decide to take no further action in relation to a complaint does not prevent the Board or an adjudication body taking the complaint into consideration at a later time as part of a pattern of conduct or practice by the registered disability worker or disability student.

(3) If the Board decides to take no further action in relation to a complaint it must give written notice of the decision to the complainant.

(4) A notice under subsection (3) must state—

(a) that the Board has decided to take no further action in relation to the complaint; and

(b) the reason why the Board has decided to take no further action.