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Complaints in relation to decision-making assistants
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15. (1) A person may make a complaint in writing to the Director concerning one or both of the following matters:
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(a) that a decision-making assistant has acted, is acting, or is proposing to act outside the scope of his or her functions as specified in the decision-making assistance agreement;
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(b) that a decision-making assistant is unable to perform his or her functions under the decision-making assistance agreement;
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(c) that fraud, coercion or undue pressure was used to induce the appointer to enter into the co-decision-making agreement.
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(2) Following the receipt of a complaint under subsection (1), the Director shall carry out an investigation of the matter which is the subject of the complaint and—
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(a) where he or she is of the view that the complaint is well founded, make an application to the court for a determination in relation to a matter specified in the complaint, or
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(b) where he or she is of the view that the complaint is not well founded, notify the person who made the complaint of that view and provide reasons for same.
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(3) A person who receives a notification under subsection (2)(b) may, not later than 21 days after the date of issue of the notification, appeal a decision of the Director that the complaint is not well founded to the court.
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(4) The Director may, notwithstanding that no complaint has been received, on his or her own initiative carry out an investigation and make an application to the court for a determination in relation to any matter specified in subsection (1).
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(5) The court may—
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(a) pursuant to an application to it under subsection (2)(a) or (4), or
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(b) pursuant to an appeal under subsection (3),
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make a determination in relation to a matter specified in subsection (1) and may, if it considers it appropriate, determine that a decision-making assistant shall no longer act as such in relation to the appointer concerned.
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