QLDIn ForceAct
Public Guardian Act 2014
sec.41Inquiry and complaint functions
Start here
Get a plain-English read of sec.41
Turn the raw legal text into a practical explanation grounded in Public Guardian Act 2014.
### sec.41 Inquiry and complaint functions
A community visitor (adult) has inquiry and complaint functions.
The inquiry functions of a community visitor (adult) for a visitable site are to inquire into, and report to the public guardian on—
the adequacy of services for the assessment, treatment and support of consumers at the visitable site; and
the appropriateness and standard of services for the accommodation, health and wellbeing of consumers at the site; and
the extent to which consumers at the site receive services in the way least restrictive of their rights; and
the adequacy of information given to consumers at the site about their rights; and
the accessibility and effectiveness of procedures for complaints about services for consumers at the site; and
at the request of the public guardian, another matter about the visitable site or consumers at the site.
The complaint functions of a community visitor (adult) for a visitable site are to—
inquire into, and seek to resolve, complaints; and
identify and make appropriate and timely referrals of unresolved complaints to appropriate entities for further investigation or resolution; and
refer any other matter in relation to a complaint to the NDIS commissioner if the community visitor (adult) considers the NDIS commissioner has functions in relation to the matter.
If a community visitor (adult) reasonably considers that the visitor can discharge the visitor’s functions or a particular function by contacting a consumer or someone else at a visitable site by using relevant technology, the visitor may discharge the functions or function in that way.
In this section—
relevant technology means a telephone or any other technology that reasonably allows persons using the technology to communicate effectively.
video conferencing
text messaging
email
s 41 amd 2019 No. 19 s 63
(sec.41-ssec.1) A community visitor (adult) has inquiry and complaint functions.
(sec.41-ssec.2) The inquiry functions of a community visitor (adult) for a visitable site are to inquire into, and report to the public guardian on— the adequacy of services for the assessment, treatment and support of consumers at the visitable site; and the appropriateness and standard of services for the accommodation, health and wellbeing of consumers at the site; and the extent to which consumers at the site receive services in the way least restrictive of their rights; and the adequacy of information given to consumers at the site about their rights; and the accessibility and effectiveness of procedures for complaints about services for consumers at the site; and at the request of the public guardian, another matter about the visitable site or consumers at the site.
(sec.41-ssec.3) The complaint functions of a community visitor (adult) for a visitable site are to— inquire into, and seek to resolve, complaints; and identify and make appropriate and timely referrals of unresolved complaints to appropriate entities for further investigation or resolution; and refer any other matter in relation to a complaint to the NDIS commissioner if the community visitor (adult) considers the NDIS commissioner has functions in relation to the matter.
(sec.41-ssec.4) If a community visitor (adult) reasonably considers that the visitor can discharge the visitor’s functions or a particular function by contacting a consumer or someone else at a visitable site by using relevant technology, the visitor may discharge the functions or function in that way.
(sec.41-ssec.5) In this section— relevant technology means a telephone or any other technology that reasonably allows persons using the technology to communicate effectively. video conferencing text messaging email s 41 amd 2019 No. 19 s 63
- (a) the adequacy of services for the assessment, treatment and support of consumers at the visitable site; and
- (b) the appropriateness and standard of services for the accommodation, health and wellbeing of consumers at the site; and
- (c) the extent to which consumers at the site receive services in the way least restrictive of their rights; and
- (d) the adequacy of information given to consumers at the site about their rights; and
- (e) the accessibility and effectiveness of procedures for complaints about services for consumers at the site; and
- (f) at the request of the public guardian, another matter about the visitable site or consumers at the site.
- (a) inquire into, and seek to resolve, complaints; and
- (b) identify and make appropriate and timely referrals of unresolved complaints to appropriate entities for further investigation or resolution; and
- (c) refer any other matter in relation to a complaint to the NDIS commissioner if the community visitor (adult) considers the NDIS commissioner has functions in relation to the matter.
- • video conferencing
- • text messaging
- • email