Health and Disability Services (Complaints) Act 1995 (WA)

Western Australia Health and Disability Services (Complaints) Act 1995 Western Australia Health and Disability Services (Complaints) Act 1995 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3A. Act to be read with other legislation about health and disability complaints 2 3. Terms used 2 4. Guiding principles for the provision of health services 6 5. Crown bound 7 Part 2 — Administrative arrangements 6. Health and Disability Services Complaints Office 8 7. Director of Office 8 8. Tenure, salary etc. of Director 8 9. Judicial notice of Director's appointment and signature 8 10. Director's functions 9 11. Minister may give Director directions 10 12. Minister to have access to information 11 13. Financial provisions 12 14. Staff 13 15. Consultants 13 16. Use of other government staff etc. 13 17. Oath of office by Director and staff 13 17A. Identity cards 14 18. Delegation by Director 14 Part 3 — Complaints generally Division 1 — Right to complain conferred 19. Who may complain 15 20. Representatives of users 15 21. Representative not to be paid 16 22. Provider may complain for user 16 23. Complaints to public providers, referral under administrative instructions 17 24. Time limit for complaints 17 25. What complaints can be about 18 26. Complaints that must be rejected 19 Division 2 — Initial procedures 27. How to complain 20 28. Referral of complaint where Act inapplicable 20 29. Withdrawal of complaint 21 30. User or carer must try to resolve matter 21 31. Complaints not dealt with by National Board under Health Practitioner Regulation National Law (Western Australia) 22 32A. Notice that complaint being dealt with by National Board 22 32. Referral to other bodies 22 33. Director's duties if complaint referred under s. 32 23 34. Preliminary assessment by Director 23 35. Notice to provider and others 25 36A. Response by provider 26 36BA. Protection of provider's statements 26 Part 3A — Settlement and conciliation of certain complaints Division 1 — Negotiated settlement 36B. Resolving complaints by negotiation 28 36C. Protection of statements made 29 Division 2 — Conciliation 36. Assignment of conciliator 29 37. Notice of referral for conciliation 30 38. Role of conciliator 30 39. Representation in conciliation process 30 40. Reports by conciliator 31 41. Parties may resolve complaint 32 42. Protection of statements made 32 43. Director's duties after conciliator's recommendation 32 Part 3B — Investigations generally 44. Notice of investigation by Director 34 44A. Director may conduct Director‑initiated investigation 34 45. Further power to investigate 34 47. Conciliator must not investigate 35 48. Purpose of investigation, and procedure 35 Part 3C — Remedial action 50. Remedial action where complaint justified 36 51. Provider must report on remedial action 37 52A. Report to Parliament if report not made under s. 51 or remedial action not taken 37 Part 3D — Interim prohibition orders, prohibition orders and interstate orders Division 1 — Interim prohibition orders 52B. Director may make interim prohibition order 39 52C. Notice of interim prohibition order 40 52D. When interim prohibition order takes effect 40 52E. Variation of interim prohibition order 40 52F. Revocation of interim prohibition order 41 52G. Offence for failure to comply with interim prohibition order 42 Division 2 — Prohibition orders 52H. Director may make prohibition order 42 52I. Show cause process for prohibition orders 43 52J. Notice of prohibition order 43 52K. When prohibition order takes effect 44 52L. Variation of prohibition order 44 52M. Revocation of prohibition order 44 52N. Offence for failure to comply with prohibition order 45 Division 3 — Publication of information about orders 52O. Publication of information about interim prohibition orders and prohibition orders 46 Division 4 — Review by State Administrative Tribunal 52P. Review of decisions to make interim prohibition orders and prohibition orders 46 Division 5 — Interstate orders 52Q. Offence for failure to comply with interstate order 47 Part 3E — Public health warning statements relating to health care workers 52R. Public health warning statements 48 52S. Revoking public health warning statements 49 52T. Correcting public health warning statements 50 52U. Review of decision to publish public health warning statement 50 Part 3F — Miscellaneous provisions relating to complaints, investigations and reports to Parliament 52. Director to stop proceedings in some cases 51 56. Reports to, and at request of, Parliament 52 57. Action if a House not sitting 53 58. Saving 53 Part 4 — Director's powers to obtain information and entry to premises 59. Restriction on powers 54 60. Power to summons and related powers 54 61. False statements 55 62. Failure to comply with notice or direction given under s. 60 56 63. Application for warrant to enter premises etc. 56 64. Issue of warrant 57 65. Execution of warrant 58 66. Offences relating to warrants 59 67. Information etc. that may be withheld 60 Part 5 — General 68. Register of complaints 61 68A. Disclosure of information to other Commonwealth, State or Territory entities 61 68B. Disclosure to protect health or safety of users and other persons 62 69. Protection of Director etc. from personal liability 63 70. Protection of other persons 63 71. Confidentiality 64 71A. Criminal record checks 65 72. False statements 66 73. Person not to be threatened etc. because of complaining to Director 66 74. Application of Parliamentary Commissioner Act 1971 66 75. Prescribed provider must give certain information 66 76. Prosecutions 67 77. Regulations 67 77A. Codes of conduct 67 78. Transitional provision 68 79. Review of Act 68 79A. Review of amendments made by Health and Disability Services (Complaints) Amendment Act 2022 68 80. Transitional provisions 69 Schedule 2 — Tenure, salary, conditions of service, etc., of Director 1. Tenure of office 70 2. Salary and entitlements 70 3. Superannuation 70 4. Appointment of public service officer 71 5. Removal from office 71 6. Other conditions of service 72 Notes Compilation table 73 Uncommenced provisions table 76 Other notes 76 Defined terms Western Australia Health and Disability Services (Complaints) Act 1995 An Act to establish a readily accessible agency to which complaints may be made about the provision of health and disability services, to establish a means of having such complaints dealt with in confidence, and for related purposes. [Long title inserted: No. 33 of 2010 s. 4.] Part 1 — Preliminary 1. Short title This Act may be cited as the Health and Disability Services (Complaints) Act 1995. [Section 1 amended: No. 33 of 2010 s. 5.] 2. Commencement (1) The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation. (2) If any provision of this Act does not come into operation within the period of 18 months from the day on which this Act receives the Royal Assent, that provision comes into operation on the first day after the end of that period. 3A. Act to be read with other legislation about health and disability complaints This Act is to be read with the following — (a) the Disability Services Act 1993 Part 6; (b) the Mental Health Act 2014 Part 19 Divisions 3 and 4. [Section 3A inserted: No. 25 of 2014 s. 64.] 3. Terms used (1) In this Act, unless the contrary intention appears — carer means a person who is a carer as defined in section 4 of the Carers Recognition Act 2004 in relation to a user; code of conduct means a code of conduct prescribed under section 77A; conciliator means a person to whom the task of conciliation is assigned under section 36 and includes persons assigned to be joint conciliators; Director means a person appointed as Director under section 7(1); Director‑initiated investigation has the meaning given in section 44A; excluded service means a health service that is provided without remuneration in a rescue or emergency situation; health care worker means an individual who provides a health service (whether or not the individual is a registered provider); Health Department has the meaning given to Department by section 3 of the Health Legislation Administration Act 1984; health service means any service provided by way of — (a) diagnosis or treatment of physical or mental disorder or injury, or suspected disorder or injury; and (b) health care, including — (i) palliative health care; and (ii) voluntary assisted dying as defined in the Voluntary Assisted Dying Act 2019 section 5; and (ba) prescribing or dispensing a drug or medicinal preparation; and (bb) prescribing or dispensing an aid for therapeutic use; and (c) a preventive health care programme, including a screening or immunization programme; and (d) medical or epidemiological research, and includes any — (e) ambulance service; and (ea) surgical or related service; and (f) welfare service that is complementary to a health service; and (g) service coming within paragraph (a), (b), (ba), (bb) or (c) that is provided by a person who advertises or holds himself or herself out as a person who provides any health care or treatment; and (ga) service that — (i) is ancillary to any other service to which this definition applies; and (ii) affects or may affect persons who are receiving any other service to which this definition applies; and (h) prescribed service, but does not include an excluded service; industrial tribunal means — (a) the Australian Industrial Relations Commission; or (b) The Western Australian Industrial Relations Commission under the Industrial Relations Act 1979 and each constituent authority under that Act; interim prohibition order has the meaning given in section 52B(2); member of the staff means an officer or person referred to in section 14 or 15 and any person whose services are used under section 16; Office means the Health and Disability Services Complaints Office continued by section 6(1); Office's website means a website maintained by or on behalf of the Office; prohibition order has the meaning given in section 52H(2); provide, in relation to a health service, includes the carrying out of medical or epidemiological research; provider includes — (a) an individual or a group of individuals or a body that renders or provides any health service; (b) a person who manages or is the chief executive of — (i) a body by which or an institution in which any health service is rendered or provided; or (ii) a body or institution that provides a health service and that is prescribed or belongs to a class that is prescribed for the purposes of this paragraph; (c) the chief executive officer of the Health Department in respect of any health services provided or rendered by persons carrying out the functions of the Health Department, but not including a health service provided or rendered in a public hospital as defined in the Health Services Act 2016 section 6; (d) a body or a group of individuals that provides a health service and that is prescribed as a provider; (e) an individual or group of individuals or a body that provides a health service and that is included in a class that is prescribed as providers; public health warning statement means a statement published under section 52R(1) or (2); public provider means a provider that represents the Crown, and includes any person acting on behalf of a representative of the Crown; registered provider means a person licensed, registered or certificated by a registration board; registration board means a National Health Practitioner Board established under the Health Practitioner Regulation National Law (Western Australia); user means a person who — (a) uses or receives a health service; or (b) is the subject of medical or epidemiological research, but a person is not within this definition merely because he or she has arranged a health service for a user. [(2) deleted] (3) The fact that the definition of provider in subsection (1) — (a) in paragraph (b) refers to a person who manages or is the chief executive of a body or institution; and (b) in paragraph (c) refers to the chief executive officer of the Health Department, is not to be read as limiting the exercise of any power that the person or chief executive officer has to delegate the performance of his or her functions. [Section 3 amended: No. 37 of 2004 s. 31; No. 28 of 2006 s. 257; No. 33 of 2010 s. 7; No. 11 of 2016 s. 292; No. 4 of 2018 s 112(2); No. 27 of 2019 s. 172; No. 35 of 2022 s. 4.] 4. Guiding principles for the provision of health services (1) For the guidance of providers it is declared that health services should be provided so as to promote — (a) quality health care, given as promptly as circumstances permit; and (b) respect for the privacy and dignity of persons receiving health care; and (c) the provision of adequate information on services provided or treatment available and the effects and costs of treatment, in terms that are understandable; and (d) participation in decision‑making affecting individual health care; and (e) informed choice in the acceptance or refusal of treatment or participation in education or research programmes; and (f) reasonable access to information in records relating to personal use of the health care system, except information that is expressly prohibited by law from being disclosed or information contained in personal notes by a person giving health care; and (g) the protection of personal health records and personal information from disclosure except for proper purposes. (2) In deciding for the purposes of section 48(1) whether unreasonable conduct, or other conduct, has occurred, and in making decisions under sections 26 and 34, the Director is to have regard to — (a) the guiding principles set out in subsection (1); and (b) whether there has been a failure by a provider to comply with any professional standards commonly accepted by members of the provider's profession. (3) If it appears to the Director that a standard referred to in subsection (2)(b) is in conflict or inconsistent with a provision of the guiding principles the Director is to have regard to the standard to the exclusion of that provision. (4) This section does not create any duty that may found an action for breach of statutory duty. [Section 4 amended: No. 35 of 2022 s. 5.] 5. Crown bound This Act binds the Crown. Part 2 — Administrative arrangements 6. Health and Disability Services Complaints Office (1) The body called the "Office of Health Review", established previously under this Act, continues under the name "Health and Disability Services Complaints Office". (2) The Office consists of the Director and the members of the staff of the Office. (3) The Office is an agent of the Crown. [Section 6 amended: No. 33 of 2010 s. 8.] 7. Director of Office (1) The Governor is to appoint a person to be the Director of the Office. (2) The office of Director is not an office in the Public Service and is not to be included in the Senior Executive Service provided for by the Public Sector Management Act 1994. 8. Tenure, salary etc. of Director Schedule 2 has effect with respect to the tenure, salary and conditions of service of the Director and the other matters provided for in that Schedule. 9. Judicial notice of Director's appointment and signature All courts and persons acting judicially are to take judicial notice — (a) of the fact that a person holds or held the office of Director; and (b) of the official signature of a person who holds or has held the office of Director. 10. Director's functions (1) The functions of the Director are as follows — (a) to deal with complaints in accordance with this Act; (aa) to conduct investigations under this Act; (b) in collaboration with groups of providers or groups of users or both, to review and identify the causes of complaints, and to suggest ways of removing and minimizing those causes and bringing them to the notice of the public; (c) to take steps to bring to the notice of users and providers details of complaints procedures under this Act; (d) to assist providers in developing and improving complaints procedures and the training of staff in handling complaints; (e) with the approval of the Minister, to inquire into broader issues of health care arising out of complaints received; (f) subject to subsection (4), to cause information about the work of the Office to be published from time to time; (g) to provide advice generally on any matter relating to complaints under this Act, and in particular — (i) advice to users on the making of complaints to registration boards; and (ii) advice to users as to other avenues available for dealing with complaints; and (iii) advice about removing or minimising the causes of complaints; (h) any other function conferred on the Director by this Act or another written law. (2) The Director may do all things that are necessary or convenient to be done for the performance of the Director's functions. (3) Without limiting subsection (2) the Director may with the approval of a registration board or the State Administrative Tribunal, as the case may be — (a) appear at any proceedings before that board or the State Administrative Tribunal and call witnesses and otherwise adduce evidence and make submissions; and (b) do any of those things through a representative. (4) The function of the Director under subsection (1)(f) does not include the publication of information in a form that — (a) discloses the identity of a user involved in a complaint; or (b) might enable the identity of any such person to be ascertained, but nothing in this subsection affects the operation of section 56. (5) The Director is to perform any function conferred on or imposed on the Director under any other Act. [Section 10 amended: No. 44 of 1999 s. 28(2); No. 55 of 2004 s. 493; No. 33 of 2010 s. 9; No. 35 of 2022 s. 6.] 11. Minister may give Director directions (1) The Minister may give directions in writing to the Director with respect to the performance of the functions of the Director, either generally or in relation to a particular matter, and the Director is to give effect to any such direction. (2) Without limiting section 45, the Minister cannot under subsection (1) direct the Director with respect to the performance of the Director's functions in respect of — (a) a particular person; or (b) a particular complaint; or (c) a matter relating to a particular complaint. (3) The text of any direction given under subsection (1) is to be — (a) laid before each House of Parliament within 14 sitting days of that House after the direction is given; and (b) included in the annual report submitted by the accountable authority in respect of the Office under Part 5 of the Financial Management Act 2006. (4) In subsection (1) — functions of the Director does not include the functions of the Director under the Disability Services Act 1993. [Section 11 amended: No. 57 of 2004 s. 36; No. 77 of 2006 Sch. 1 cl. 82(1); No. 35 of 2010 s. 80.] 12. Minister to have access to information (1) The Minister is entitled — (a) to have information in the possession of the Director; and (b) where the information is in or on a document, to have, and make and retain copies of, that document. (2) For the purposes of subsection (1) the Minister may — (a) request the Director to furnish information to the Minister; and (b) request the Director to give the Minister access to information; and (c) for the purposes of paragraph (b) make use of the staff of the Office to obtain the information and furnish it to the Minister. (3) The Director is to comply with a request under subsection (2) and make staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection. (4) The Minister is not entitled to have information under this section in a form that — (a) discloses the identity of a person involved in a complaint; or (b) might enable the identity of any such person to be ascertained, unless that person has consented to the disclosure. (5) In this section — document includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; information means information specified, or of a description specified, by the Minister that relates to the functions of the Director. 13. Financial provisions (1) An agency special purpose account called the Health and Disability Services Complaints Office Account is established under section 16 of the Financial Management Act 2006 to which — (a) all funds of the Office are to be credited; and (b) all expenditure incurred by the Office is to be charged. (2) The Health and Disability Services Complaints Office Account is a continuation of the account formerly called the Office of Health Review Account. (3) The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Office and its operations. [Section 13 amended: No. 28 of 2006 s. 258; No. 77 of 2006 Sch. 1 cl. 82(2) and (3); No. 33 of 2010 s. 10.] 14. Staff Public Service officers are to be appointed or made available under Part 3 of the Public Sector Management Act 1994 to enable the Director to perform his or her functions. 15. Consultants (1) The Director may, with the approval of the Minister, engage persons under contracts for services to provide such professional, technical or other assistance as the Director considers necessary for the carrying out of this Act. (2) An approval of the Minister under subsection (1) may be specific or may be given in general terms. 16. Use of other government staff etc. (1) The Director may by arrangement make use, either full‑time or part‑time, of — (a) the services of staff employed in the Public Service or in a State agency or instrumentality or otherwise in the service of the Crown in right of the State; or (b) any facilities of a department of the Public Service or of a State agency or instrumentality. (2) An arrangement under subsection (1) is to be made between the Director and the relevant employing authority and on such terms as they agree. 17. Oath of office by Director and staff (1) Before commencing to carry out his or her duties under this Act the Director and each member of the staff of the Office are to take an oath or make an affirmation that he or she — (a) will faithfully and impartially perform those duties; and (b) will not, except in accordance with this Act, divulge any information received under this Act. (2) The Director's oath or affirmation is to be taken by a Judge and that of a member of the staff is to be taken by the Director. 17A. Identity cards (1) The Director may give an identity card to a member of the staff of the Office. (2) An identity card must — (a) identify the person as a member of the staff of the Office; and (b) contain a recent photograph of the person. (3) A person must, within 14 days after ceasing to be a member of the staff of the Office, return the person's identity card to the Director. Penalty for this subsection: a fine of $2 500. (4) Subsection (3) does not apply if the person has a reasonable excuse. [Section 17A inserted: No. 35 of 2022 s. 7.] 18. Delegation by Director (1) The Director may by instrument in writing delegate to a member of the staff of the Office the performance of any of the functions of the Director under this Act, but not including the power to delegate under this section. (2) A delegation may be general or as otherwise provided by the instrument of delegation. (3) A delegate remains subject to the direction and control of the Director. (4) Performance of a function by a delegate is to be treated as performance by the Director. Part 3 — Complaints generally [Heading amended: No. 35 of 2022 s. 8.] Division 1 — Right to complain conferred 19. Who may complain (1) A complaint alleging one or more of the matters set out in section 25(1)(a), (b), (c), (d), (e), (f), (g) or (h) may be made to the Director by — (a) a user; or (b) a user's representative recognized under section 20; or (c) a provider to whom section 22 applies. (2) A complaint alleging a matter referred to in section 25(1)(h) may be made to the Director by a carer. (3) A complaint alleging 1 or more of the matters set out in section 25(1)(i), (j) or (k) may be made to the Director by any person. [Section 19 amended: No. 37 of 2004 s. 32; No. 35 of 2022 s. 9.] 20. Representatives of users (1) The Director may recognize as a user's representative a person whom the user has chosen to complain on the user's behalf. (2) The Director may recognize as a user's representative a person who is not chosen by the user, and may allow that person to complain to the Director on the user's behalf, if — (a) the user — (i) has died; or (ii) in the Director's opinion, is unable to complain to the Director and unable to choose a person to complain on the user's behalf; and (b) the person who wishes to represent the user has, in the Director's opinion, a sufficient interest in the subject matter of the complaint. (3) The Director is not to recognize a person as a representative unless the person satisfies the Director that he or she — (a) is acting without remuneration; and (b) except in the case of a relative of the user, has no financial interest in the outcome of the complaint. (4) In subsection (3) — relative, in relation to a user, includes a de facto partner of the user. [Section 20 amended: No. 28 of 2003 s. 79; No. 33 of 2010 s. 11.] 21. Representative not to be paid A person must not demand or receive any remuneration for acting as a representative of a user for the purposes of this Part. Penalty: $1 000 for a first offence; $10 000 for any subsequent offence. 22. Provider may complain for user A provider may complain to the Director on behalf of a user about a health service provided for the user by another provider if the provider satisfies the Director that the user has died or, because of the user's state of health or general situation, it would be difficult or impossible for the user to make a complaint. [Section 22 amended: No. 33 of 2010 s. 12.] 23. Complaints to public providers, referral under administrative instructions (1) If — (a) a complaint has been made to a public provider alleging one or more matters set out in section 25(1)(a), (b), (c), (d), (e), (f), (g) or (h); and (b) there are administrative instructions in force under subsection (4) about the resolution of such complaints; and (c) the complaint has not been resolved in accordance with those administrative instructions, the complaint is to be referred to the Director in accordance with those administrative instructions. (2) A complaint by a person that is referred under subsection (1) is to be treated by the Director as if it were a complaint made by that person under section 19. (3) The referral does not require the consent of the person who made the complaint. (4) The Minister may issue administrative instructions for the purposes of this section by publishing the same in the Government Gazette, and may in the same way revoke or amend any instructions in force. (5) The administrative instructions are not subsidiary legislation for the purposes of the Interpretation Act 1984. [Section 23 amended: No. 35 of 2022 s. 10.] 24. Time limit for complaints The Director must reject a complaint about an incident which occurred more than 24 months before the complaint is made unless in the Director's opinion the person who made the complaint has shown good reason for the delay. [Section 24 amended: No. 33 of 2010 s. 13.] 25. What complaints can be about (1) A complaint must allege that one or more of the following has occurred — (a) a provider has acted unreasonably by not providing a health service for the user; (b) a provider has acted unreasonably in the manner of providing a health service for the user, whether the service was requested by the user or a third party; (c) a provider has acted unreasonably in providing a health service for the user; (d) a provider has acted unreasonably by denying or restricting the user's access to records kept by the provider and relating to the user; (e) a provider has acted unreasonably in disclosing or using the user's health records or confidential information about the user; (f) a manager has acted unreasonably in respect of a complaint made to an institution by a user about a provider's action which is of a kind mentioned in paragraphs (a) to (e) 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; (g) a provider has — (i) acted unreasonably by charging the user an excessive fee; or (ii) otherwise acted unreasonably with respect to a fee; (h) a provider that is an applicable organisation as defined in section 4 of the Carers Recognition Act 2004 has failed to comply with the Carers Charter as defined in that section; (i) a health care worker has failed to comply with a code of conduct that applies to the health care worker; (j) a health care worker has failed to comply with an interim prohibition order; (k) a health care worker has failed to comply with a prohibition order. (2) In subsection (1)(f) — manager means a person who comes within paragraph (b) of the definition of provider in section 3(1) or the chief executive officer of the Health Department as mentioned in paragraph (c) of that definition. [Section 25 amended: No. 37 of 2004 s. 33; No. 28 of 2006 s. 259; No. 33 of 2010 s. 14; No. 35 of 2022 s. 11.] 26. Complaints that must be rejected (1) The Director must reject a complaint that in the Director's opinion — (a) is vexatious, trivial or without substance; or (b) does not warrant any further action; or (c) does not comply with this Act. (2) If an issue raised in a complaint has already been determined by a court, the State Administrative Tribunal, an industrial tribunal or a registration board, the Director must reject the complaint to the extent to which it relates to that issue unless in the Director's opinion it relates to matters that were not determined by the court, tribunal or board. (3) Nothing in this section affects the operation of section 28. [Section 26 amended: No. 55 of 2004 s. 494.] Division 2 — Initial procedures 27. How to complain (1) A person may complain to the Director orally, including by telephone, or in writing. (2) If the Director receives an oral complaint the Director must require the person who made it to confirm it in writing. (3) A person who complains to the Director must give to the Director — (a) his or her name; and (b) such other information relating to the person's identity as the Director may require. (4) The Director may choose to keep information given to the Director under subsection (3) confidential if there are special circumstances and the Director thinks it is in the complainant's interest to do so. (5) The Director may require a person who complains to give more information about the complaint within a time fixed by the Director. (6) If a person does not comply with a requirement of the Director under subsection (2), (3) or (5), the Director may reject the complaint. 28. Referral of complaint where Act inapplicable If a complaint relates to an excluded service the Director may, with the written consent of the person who made the complaint, refer the complaint to an appropriate person or body (if any). 29. Withdrawal of complaint (1) A person who complains to the Director may at any time withdraw the complaint by notifying the Director, and the Director must then — (a) stop dealing with the complaint; and (b) if notice has been given under section 35(1), notify the provider or other person of the withdrawal. (2) Despite subsection (1)(a), the Director may decide to proceed to deal with the complaint under this Act if the complaint alleges 1 or more of the matters set out in section 25(1)(i), (j) or (k). (3) If the Director decides under subsection (2) to proceed to deal with the complaint, the Director is not required to — (a) give notice of the withdrawal under subsection (1)(b); or (b) provide to the person who complained any further information under another provision of this Act that would otherwise require the provision of information to the person. [Section 29 amended: No. 35 of 2022 s. 12.] 30. User or carer must try to resolve matter The Director may reject a complaint if the Director is not satisfied that — (a) the user or carer, as the case may be, has taken reasonable steps to resolve the matter with the provider; or (b) in the ca