Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A complaint may
only be about —
(a) a
service provider who or which, at the time the subject matter of the complaint
arose, was providing a disability service, whether or not with funds granted
under Part 4;
(b) a
service provider which is a public authority, other than the Health
Department, and which, at the time the subject matter of the complaint arose,
was providing a disability service, whether or not with funds granted under
Part 4; or
(c) the
Commission.
(2) A complaint must
allege that after the date on which this Act comes into operation, a service
provider or the Commission —
(a)
acted unreasonably by not providing a disability service to the complainant;
or
(b)
acted unreasonably by providing a disability service to the complainant,
whether the service was requested by the complainant or a third party; or
(c)
acted unreasonably in the manner of providing a disability service to the
complainant; or
(d)
acted unreasonably by denying or restricting the complainant’s access to
records relating to the complainant kept by the service provider or the
Commission; or
(e)
acted unreasonably in disclosing records or confidential information relating
to the complainant; or
(f)
failed to comply with the Carers Charter; or
(g) in
respect of a complaint about a matter mentioned in paragraphs (a) to (e)
made to the provider or Commission by a person with a disability, acted
unreasonably by —
(i)
not properly investigating the complaint or causing it to
be properly investigated; or
(ii)
not taking, or causing to be taken, proper action on the
complaint;
or
(h)
acted unreasonably by charging the complainant an excessive fee; or
(i)
acted unreasonably with respect to a fee,
or that the Commission
acted unreasonably in making or not making a grant to the complainant under
Part 4.
[(3) deleted]
[Section 33 amended by No. 44 of 1999
s. 16; No. 37 of 2004 s. 28; No. 33 of 2010 s. 39.]