Document ID: chunk:federal_register_of_legislation:F2024C00933:reg:17:p1
Version: federal_register_of_legislation:F2024C00933
Segment Type: reg
Provision Reference: reg 17 (pt 1/2)
Character Range: 39136–41857

17  Commissioner may decide to end resolution process
 (1) The Commissioner may decide to end a resolution process in relation to an issue raised in a complaint or provider responsibility information if the Commissioner is satisfied that:
 (a) if the issue was raised in a complaint—the issue has been resolved because the complainant and the relevant provider for the issue have agreed on an outcome; or
 (b) the relevant provider for the issue has addressed the issue to the satisfaction of the Commissioner; or
 (c) the Commissioner has given a direction under section 19 to the relevant provider for the issue; or
 (d) if the relevant provider for the issue is the approved provider of an aged care service—the Commissioner has initiated action under Part 7B or section 74EB, 74EC, 74ED or 74EE of the Commission Act that relates to the issue; or
 (e) if the relevant provider for the issue is the service provider of a Commonwealth‑funded aged care service—the Commissioner has been notified that the Commonwealth has initiated, under the funding agreement that relates to the service, action that relates to the issue; or
 (f) the complaint has been withdrawn under section 12; or
 (g) the issue is better dealt with by another person or body; or
 (h) the continuation of the resolution process is not required because:
 (i) despite reasonable inquiries by the Commissioner, the circumstances giving rise to the issue cannot be determined; or
 (ii) the issue is frivolous, vexatious or not raised in good faith; or
 (iii) the issue is, or has been, the subject of legal proceedings; or
 (iv) the issue is already being dealt with, or has already been dealt with, under this Part or a former complaints scheme; or
 (v) the issue is better dealt with, or is already being dealt with, under this instrument (other than this Part); or
 (vi) the issue is subject to a coronial inquiry; or
 (vii) an aged care consumer identified in the complaint, or in the provider responsibility information, does not wish the issue to be considered by the Commissioner; or
 (i) having regard to all the circumstances, the continuation of the resolution process is not required.
Note: The complainant or relevant provider for the issue may request the Commissioner to reconsider the decision under Part 7.
 (2) If the Commissioner decides to end the resolution process in relation to an issue raised in the complaint or provider responsibility information, the Commissioner must, as soon as possible, give written notice of the following to the complainant (if any) and the relevant provider for the issue:
 (a) the decision and the reasons for the decision;
 (b) information about how the complainant (if any) or relevant provider may