31Deferral of notifications at request of Disability Services Commissioner

31 Deferral of notifications at request of Disability Services Commissioner

(1) This section applies if the Disability Services Commissioner requests the Commissioner not to give a relevant notice or information to a specified party or parties to a complaint under this Act.

(2) A request must be made on the basis that the Disability Services Commissioner considers that giving the relevant notice or information may—

(a) affect the health, safety or welfare of a person to whom the health service provider is providing services; or

(b) prejudice the proper investigation of the complaint under the Disability Act 2006.

(3) Despite anything to the contrary in this Act, the Commissioner may decide not to provide the relevant notice or information to the specified party or parties for a specified period which must not exceed the relevant period.

(4) If the Commissioner makes a decision under subsection (3), the requirement under this Act to give the relevant notice or information is suspended for the specified period.

(5) In this section—

Disability Services Commissioner has the same meaning as in the Disability Act 2006;

relevant period means the period beginning when the decision is made under subsection (3) and ending at the first of the following occurring—

(a) the Commissioner is advised by the Disability Services Commissioner that the Disability Services Commissioner no longer holds the view referred to in subsection (2); or

(b) the end of the investigation of the complaint by the Disability Services Commissioner under the Disability Act 2006; or

(c) the end of the period of 6 months following the receipt of the complaint by the Disability Services Commissioner.

Part 3—Complaint resolution process

Division 1—Complaint resolution process

32 Complaint resolution process

(1) If the Commissioner makes a decision under section 20(2)(a), the Commissioner may seek an agreed resolution to the complaint by either or both of the following processes—

(a) by the parties identifying the issues in dispute and by the Commissioner promoting discussion or negotiation of the complaint between the parties; or

(b) a process of negotiation between the parties in which the Commissioner proposes options for resolution of issues and proposes terms for agreement (conciliation).

(2) The Commissioner must decide the manner in which the complaint resolution process is to be conducted.