Document ID: chunk:federal_register_of_legislation:C2025C00129:section:36:p1
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 36 (pt 1/2)
Character Range: 137215–139918

36  Requesting information and reports
 (1) The CEO may make one or more requests under subsection (2) for any of the following purposes:
 (a) the undertaking of an assessment under section 32L for a participant;
 (b) preparing a statement of participant supports for a participant;
 (c) deciding whether to approve a statement of participant supports for a participant.
 (2) The requests the CEO may make are as follows:
 (a) that the participant, or another person, provide information that is reasonably necessary for a purpose mentioned in paragraph (1)(a), (b) or (c);
 (b) that the participant do either or both of the following:
 (i) undergo an assessment and provide to the CEO the report, in the approved form, of the person who conducts the assessment;
 (ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination.
 (2A) A request under subsection (2) must be made in writing.
Note: A request may be rescinded or varied under subsection 33(3) of the Acts Interpretation Act 1901.
 (3) If a request under subsection (2) is made for a purpose mentioned in paragraph (1)(a):
 (a) the request must specify a period of at least 28 days for the information or reports to be received by the CEO; and
 (b) if the CEO does not receive the information or reports within the period specified in the request—the CEO must:
 (i) unless subparagraph (ii) applies—suspend the preparation of the new framework plan; or
 (ii) if the CEO is satisfied that it was reasonable for the participant or the other person mentioned in paragraph (2)(a) not to have complied with the request within that period—make a further request under subsection (2).
Note: The period specified in the request may be varied (see subsection 33(3) of the Acts Interpretation Act 1901).
 (3A) In deciding for the purposes of subparagraph (3)(b)(ii) whether or not it was reasonable for a participant or other person not to have complied with a request within a particular period, the CEO must have regard to the following matters:
 (a) the length of that period;
 (b) any previous failures by the participant to comply with a request for information made under this Act;
 (c) any previous failures by the other person to comply with a request for information made under this Act in relation to the participant;
 (d) the length of time since the CEO was last provided with information relevant to the purpose mentioned in paragraph (1)(a), (b) or (c) for which the request was made;
 (e) whether the failure to comply with the request was