22Ending the resolution process

22 Ending the resolution process

(1) The Commissioner may decide to end a resolution process in relation to a complaint, or an issue raised in a complaint, if one or more of the following circumstances apply: (a) the complaint or issue has been resolved because the complainant, and the NDIS provider to which the complaint or issue relates, have agreed on an outcome; (b) the NDIS provider has addressed the complaint or issue to the satisfaction of the Commissioner; (c) the Commissioner has required the NDIS provider to undertake remedial action within a specified period in relation to the complaint or issue; (d) the Commissioner has initiated action under Division 8 of Part 3A of the Act which relates to the complaint or issue; (e) the complaint has been withdrawn under section 18; (f) the complaint or issue is better dealt with by another person or body; (g) continuation of the resolution process is not appropriate or warranted because the Commissioner is satisfied that: (i) despite reasonable inquiry by the Commissioner, the circumstances giving rise to the complaint or issue cannot be determined; or (ii) information given by the complainant was not given in good faith; or (iii) the complaint or issue has already been, or is already being, dealt with under this instrument; or (iv) a person with disability affected by an issue raised in the complaint does not wish the resolution process to continue; (h) the Commissioner is satisfied that, because the complaint or issue is, or has been, the subject of a legal proceeding or a coronial inquiry, the complaint or issue has been, or will be, adequately dealt with; (i) having regard to all the circumstances, continuation of the resolution process is not appropriate or warranted.

Note: Requirements to provide a notice relating to a decision under this section to end a resolution process are in Subdivision C.

(2) In deciding whether to end a resolution process in accordance with subparagraph (1)(g)(iv), the Commissioner must consider: (a) whether the health, safety or wellbeing of any person with disability affected by an issue raised in the complaint will be negatively impacted by the decision; and (b) whether the complaint may have been withdrawn on the basis of victimisation, coercion or duress.