Document ID: chunk:federal_register_of_legislation:F2018L00634:reg:22
Version: federal_register_of_legislation:F2018L00634
Segment Type: reg
Provision Reference: reg 22
Character Range: 26814–29179

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 (e) the complaint has been withdrawn under section 18;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 welfare 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 (b) whether the complaint may have been withdrawn on the basis of victimisation, coercion or duress.

Subdivision C—Notices relating to outcome of resolution processes