16Dealing with a complaint

16 Dealing with a complaint

Acknowledgement of complaint (1) If the Commissioner receives a complaint under section 15, the Commissioner must acknowledge receipt of the complaint.

Note: Notices, forms and information given under the Act, the regulations or this instrument to a person with disability must be explained by the giver of the notice, form or information to the maximum extent possible to the person in the language, mode of communication and terms which that person is most likely to understand (see section 7 of the Act).

(2) However, subsection (1) does not apply if: (a) the complaint was received anonymously; or (b) the contact details of the complainant were not provided. Assessment of complaint (2A) The Commissioner must, in relation to the complaint, undertake a risk assessment to prioritise the complaint having regard to the following: (a) the impact of the complaint on the human rights and health, safety or wellbeing of any person with disability affected by an issue raised in the complaint; (b) whether the complaint relates to a contravention of the Act, the regulations or an instrument made under the Act by an NDIS provider, or a person employed or otherwise engaged by the NDIS provider, including whether the contravention is repeated or serious; (c) whether an issue raised in the complaint is a strategic priority or emerging risk for the Commission. Decision on issue or complaint (3) The Commissioner must, in relation to the complaint or each issue raised in the complaint and having regard to the assessment undertaken under subsection (2A), decide to do one of the following: (a) close the complaint or issue on the basis that section 17 applies to the complaint or issue; (b) give assistance and advice to the complainant, a person with disability affected by the complaint or issue and the NDIS provider to which the complaint or issue relates; (c) require the NDIS provider to take certain actions in relation to the complaint or issue, including to examine and address the complaint or issue; (d) undertake a resolution process. (4) For the purposes of subsections (2A) and (3), the Commissioner may do one or more of the following: (a) review documents provided to the Commissioner; (b) visit the location at which the supports or services are provided by the NDIS provider, or the offices of the NDIS provider; (c) discuss the issues raised in the complaint with the complainant, a person with disability affected by an issue raised in the complaint, the NDIS provider or any other person; (d) work with the complainant, a person with disability affected by an issue raised in the complaint, the NDIS provider or a person employed or otherwise engaged by the NDIS provider to: (i) provide advice and assistance; and (ii) where possible and appropriate, assist the persons involved in the complaint to come to a mutually agreed resolution; (e) request information relating to the issues raised in the complaint from any person; (f) take any other action that the Commissioner considers is appropriate in the circumstances. Dealing with complaint (5) In dealing with the complaint, the Commissioner must: (a) consider the views of any person with disability affected by the complaint, if the Commissioner considers it is reasonable and appropriate to do so; and (b) take action under this Division with due regard to procedural fairness, including by allowing a person employed or otherwise engaged by an NDIS provider reasonable opportunity to comment on any proposed adverse finding in relation to the person; and (c) seek to resolve the complaint as quickly, and with as little formality, as a proper consideration of the issues raised in the complaint allows.