472Deferral of notification at the request of the Disability Services Commissioner

472 Deferral of notification at the request of the Disability Services Commissioner

(1) The Disability Services Commissioner may request the Mental Health and Wellbeing Commission not to give a relevant notice or information to a specified party or parties to a complaint under this Act.

(2) A request may 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; or

(b) prejudice the proper investigation of a complaint by the Disability Services Commissioner under the Disability Act 2006.

(3) Despite anything to the contrary in this Act, the Commission 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 Commission makes a decision under subsection (3), the requirement under this Act to give the relevant notice or information is suspended for the specified period.

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

(a) written notice of a decision to refer a complaint under section 448;

(b) written notice of a decision to deal with a complaint under section 450;

(c) written notice of a complaint resolution process under section 452;

(d) written notice of a decision to divide or concurrently deal with complaints under section 454;

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 Commission 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.