Document ID: chunk:federal_register_of_legislation:F2018L00634:reg:17
Version: federal_register_of_legislation:F2018L00634
Segment Type: reg
Provision Reference: reg 17
Character Range: 20239–22765

17  No further action, or deferring action, in relation to a complaint

Decision to take no further action
 (1) The Commissioner may decide to take no further action in relation to a complaint, or an issue raised in a complaint, if the Commissioner is satisfied that one or more of the following apply:
 (a) the complaint or issue was not raised in good faith;
 (b) the complaint or issue has been, or is being, dealt with under this instrument;
 (c) the complaint has been withdrawn under section 18;
 (d) a person with disability affected by an issue raised in the complaint does not wish the issue to be considered by the Commissioner;
 (e) the complaint or issue is better dealt with by another person or body;
 (f) there is insufficient information about the complaint, the issue or the complainant to take any further action;
 (g) having regard to all the circumstances, further action in relation to the complaint or issue is not appropriate or warranted.
 (2) In deciding whether to take no further action in accordance with paragraph (1)(d), 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 a decision to take no further action; and
 (b) whether the person with disability referred to in paragraph (1)(d) has been subject to victimisation, coercion or duress in deciding that the person does not wish the issue to be considered.
 (3) The Commissioner may decide to take no further action in relation to a complaint, or an issue raised in a complaint, if the complaint or issue:
 (a) is, or has been, the subject of a legal proceeding; or
 (b) is, or has been, the subject of a coronial inquiry;
and the Commissioner is satisfied that that complaint or issue is being, or has been, adequately dealt with.

Decision to defer taking action
 (4) The Commissioner may decide to defer taking action in relation to a complaint or an issue raised in a complaint if the complaint or issue is the subject of a legal proceeding or a coronial inquiry.
 (5) The Commissioner may decide to defer taking action in relation to a complaint or an issue raised in a complaint to enable the complainant or a person with disability affected by the complaint or issue to deal directly with the NDIS provider in relation to the complaint or issue.
 (6) The Commissioner may provide advice and assistance to the complainant, the person with disability or any other person for the purposes of subsection (5).