Matters which may be the subject of a complaint2

1

Subject to paragraphs (2) and (3), the matters which may be the subject of a complaint are—

a

any exercise of, or any failure to exercise, a function which is conferred on a service provider or relevant authority by or under Part 4 of the Act; or

b

any exercise of, or any failure to exercise, a function which is conferred on any of the following by or under Part 5 of the Act:—

i

the responsible authority in relation to a child;

ii

a relevant authority;

iii

the managing authority of a child’s plan; or

iv

a listed authority.

2

Paragraph (1) is to be construed as follows—

a

the reference to a service provider includes a service provider in relation to a child or young person; and

b

references to a service provider or any authority include any person exercising a function on behalf of, or under arrangements made by, that service provider or authority in accordance with Part 4 or 5 of the Act.

3

A matter mentioned in paragraph (1) may not be the subject of a complaint if a complaint in respect of that matter has already been determined in accordance with this Order.