Document ID: chunk:federal_register_of_legislation:F2018N00155:reg:5:p4
Version: federal_register_of_legislation:F2018N00155
Segment Type: reg
Provision Reference: reg 5 (pt 4/13)
Character Range: 12779–15744

managed and the outcome.
    (3)      Procedural fairness requires only that the complainant has a reasonable opportunity to present their complaint, that the substance of their complaint is understood and their complaint is not dismissed on a view of the facts that was not raised with or apparent to them. If the complaint is made by a representative on behalf of a person with disability, consideration should be given to separately providing procedural fairness to the person with disability.
    (4)      A complaint to a registered NDIS provider that alleges inappropriate behaviour by a person who is identified: Procedural fairness must be provided to any worker who is the specific subject of a complaint.
    (5)      Not every complaint to a registered NDIS provider will make adverse allegations, directly or implicitly, against an identifiable individual. Many complaints may instead be about the quality or level of supports or services provided by the provider or available to the person with disability. In those circumstances there is no obligation to afford procedural fairness to individual workers, unless a possible outcome of the investigation is that a worker will be identified as being at fault.
    (6)      A registered NDIS provider should ensure that its complaints management and resolution system distinguishes between complaints that are specifically about the conduct of identifiable workers and complaints about the provision of supports and services that incidentally identify workers.
    (7)      A complaint to the Commission about an NDIS provider: The Complaint Rules provide that a person may complain to the Commission about the provision of supports or services by an NDIS provider (whether or not the provider is registered) (section 15). The Commission is required to take action on each issue raised in a complaint. The actions that can be taken are set out in the Complaint Rules, and include the following options: taking no action on a complaint issue (for example, if it has already been dealt with); deferring action on a complaint issue (for example, where another inquiry process is underway); noting the withdrawal of the complaint; requiring the provider to attempt to resolve the complaint issue; requesting the parties to participate in a resolution process; requiring the provider to take remedial action; and recording an adverse finding against the provider on the complaint.
    (8)      The Complaint Rules specify processes that the Commission may follow in deciding what action to take – for example, consulting with the NDIS provider and the complainant, reviewing documents and visiting the location at which supports or services are provided. In most instances those processes will adequately satisfy procedural fairness requirements.
    (9)      In some instances the Commission may need to take additional procedural fairness steps, particularly if its complaint handling process could result in