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Who may make complaints.
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46.—(1) Any person who is being or was provided with a health or personal social service by the Executive or by a service provider or who is seeking or has sought provision of such service may complain, in accordance with the procedures established under this Part, about any action of the Executive or a service provider that—
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(a) it is claimed, does not accord with fair and sound administrative practice, and
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(b) adversely affects or affected that person.
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(2) For the purposes of this Part, an action does not accord with fair and sound administrative practice if it is—
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(a) taken without proper authority,
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(b) taken on irrelevant grounds,
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(c) the result of negligence or carelessness,
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(d) based on erroneous or incomplete information,
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(e) improperly discriminatory,
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(f) based on undesirable administrative practice, or
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(g) in any other respect contrary to fair or sound administration.
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(3) If a person entitled under this section to make a complaint is unable to do so because of age, illness or disability, the complaint may be made on that person's behalf by—
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(a) a close relative or carer of the person,
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(b) any person who, by law or by appointment of a court, has the care of the affairs of that person,
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(c) any legal representative of the person,
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(d) any other person with the consent of the person, or
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(e) any other person who is appointed as prescribed in the regulations.
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(4) If a person who would otherwise have been entitled under this section to make a complaint is deceased, a complaint may be made by a person who, at the time of the action in relation to which the complaint is made, was a close relative or carer of that person.
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