Child and Family Agency Act 2013

Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations

66. (1) A complaints officer shall not, following the investigation of a complaint, make a recommendation the implementation of which would require or cause—

(a) the Agency to make a material amendment to its business plan prepared under section 46 or its corporate plan approved under section 42 , or

(b) a service provider and the Agency to make a material amendment to an arrangement under section 56 or 58 .

(2) If, in the opinion of the relevant person, such a recommendation is made, that person shall either—

(a) amend the recommendation in such manner as makes the amendment to the business plan, corporate plan or arrangement unnecessary, or

(b) reject the recommendation and take such other measures to remedy, mitigate or alter the adverse effect of the matter to which the complaint relates as the relevant person considers appropriate.

(3) Pending the outcome of a review, the relevant person may suspend the implementation of a recommendation made by a complaints officer if satisfied that, in the interests of fair and sound administration, it is appropriate to do so.

(4) In this section “relevant person” means—

(a) in relation to a complaint dealt with by the Agency in accordance with the procedures established under section 64 (1), the chief executive officer, and

(b) in relation to a complaint dealt with in accordance with the procedures established by a service provider under section 64 (2), the service provider.