Western Australian Consolidated Acts Western Australian Consolidated Acts (1) After an
investigation the Director must decide whether or not any unreasonable conduct
referred to in section 33(2) has occurred and must give written notice of
the decision to —
(a) in
the case of a complaint — the complainant and the respondent;
(b) in
the case of an investigation conducted under
section 46 — the Minister and any person affected by the
decision; or
(c) in
the case of a matter referred under section 46A(1) — the
presiding officer of the House or committee and any person affected by the
decision.
(2) The written notice
must be provided —
(a) in a
case referred to in subsection (1)(a) or (b) — within
14 days after the decision is made; and
(b) in a
case referred to in subsection (1)(c) — within any time limit
set out in the referral of the House or committee.
(3) The written notice
must —
(a)
include the reasons for the decision; and
(b) if
the Director has decided that unreasonable conduct has occurred, set out any
action that the Director recommends ought to be taken to remedy the matter
by —
(i)
the respondent; or
(ii)
any other person.
(4A) Before making a
decision under subsection (1) to recommend any action that ought to be taken
to remedy the matter, the Director must —
(a)
consult the respondent; and
(b) if
any action that the Director considers ought to be taken to remedy the matter
is likely to have an impact on people other than the respondent, consult a
group of those people.
(4) The Director is
not to include in a written notice given under subsection (1)(c) any
information that —
(a)
discloses the identity of a person with a disability; or
(b)
might enable the identity of any such person to be ascertained,
unless that person has
consented to the disclosure.
[Section 42 inserted by No. 57 of 2004
s. 27; amended by No. 33 of 2010 s. 48.]