National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018
13Simplified outline of this Part
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13 Simplified outline of this Part
A person can make a complaint to the Commissioner about any issue connected with supports or services provided by an NDIS provider. Complaints can be made orally, in writing or by any other appropriate means, and can be made anonymously. A complaint can be withdrawn at any time.
If a person makes a complaint, the Commissioner must decide what to do. The Commissioner may decide to:
(a) close the complaint or issue (for example, if the complaint was not made in good faith or there is not enough information to continue); or
(b) provide assistance and advice to the complainant and other affected people; or
(c) require the NDIS provider to take certain actions, including to examine and address the complaint or issue; or
(d) undertake a resolution process.
In some cases, the Commissioner must give notice of the decision and the Commissioner can be asked to reconsider the decision.
If the Commissioner decides to undertake a resolution process, the Commissioner can take certain action such as requiring the NDIS provider to attempt to resolve the complaint, or request the affected people to take part in a conciliation process. Information about the outcome of the resolution process must generally be provided to the people involved in the complaint.
The Commissioner has the power to authorise inquiries into issues connected with complaints, or into a series of complaints, about supports or services provided by NDIS providers. An inquiry can be carried out even if a complaint has not been made to the Commissioner.
The Commissioner can publish a report setting out his or her findings in relation to an inquiry.