Document ID: chunk:federal_register_of_legislation:F2024C00933:reg:14
Version: federal_register_of_legislation:F2024C00933
Segment Type: reg
Provision Reference: reg 14
Character Range: 34662–36877

14  Commissioner may decide to take no further action in relation to issue
 (1) The Commissioner may decide to take no further action in relation to an issue raised in a complaint if the Commissioner is satisfied that:
 (a) the issue is frivolous, vexatious or not raised in good faith; or
 (b) the issue is, or has been, the subject of legal proceedings; or
 (c) the issue is already being dealt with, or has already been dealt with, under this Part or a former complaints scheme; or
 (d) the issue is better dealt with, or is already being dealt with, under this instrument (other than this Part); or
 (e) the issue relates to a matter that occurred more than 1 year before the complaint was made and is not ongoing; or
 (f) the complaint has been withdrawn under section 12; or
 (g) the issue is subject to a coronial inquiry; or
 (h) an aged care consumer identified in the complaint does not wish the issue to be considered by the Commissioner; or
 (i) the issue is better dealt with by another person or body; or
 (j) the relevant provider for the issue has addressed the issue to the Commissioner's satisfaction; or
 (k) having regard to all the circumstances, no further action in relation to the issue is required.
Note: The complainant may request the Commissioner to reconsider the decision under Part 7.
 (2) If the Commissioner decides to take no further action in relation to an issue raised in the complaint, the Commissioner must, as soon as possible, give written notice of the following to the complainant:
 (a) the decision and the reasons for the decision;
 (b) information about how the complainant may apply for the reconsideration of the decision;
 (c) any other appropriate information.
 (3) However, the Commissioner is not required to comply with subsection (2) if:
 (a) the complaint was made anonymously; or
 (b) the complaint has been withdrawn under section 12; or
 (c) the complainant has requested not to be notified in relation to the complaint.
 (4) If the Commissioner decides to take no further action in relation to an issue raised in the complaint, the Commissioner may give the relevant provider for the issue written notice of the decision and the reasons for the decision.