|
|
|
Complaints in relation to co-decision-makers
|
| |
30. (1) A person may make a complaint in writing to the Director concerning one or more of the following matters:
|
|
| |
(a) that the co-decision-maker has acted, is acting, or is proposing to act outside the scope of his or her functions under the co-decision-making agreement;
|
|
| |
(b) the suitability of a co-decision-maker in relation to an appointer;
|
|
| |
(c) a co-decision-making agreement not being in accordance with the will and preferences of an appointer;
|
|
| |
(d) that an appointer did not, at the time of entry into the co-decision-making agreement, have capacity to make a decision to enter into the agreement;
|
|
| |
(e) that fraud, coercion or undue pressure was used to induce an appointer to enter into the co-decision-making agreement;
|
|
| |
(f) that an appointer has capacity in respect of one or more of the decisions which are the subject of the co-decision-making agreement without the assistance of a co-decision-maker;
|
|
| |
(g) that an appointer no longer has capacity in respect of one or more than one of the decisions which are the subject of the co-decision-making agreement even with the assistance of the co-decision-maker.
|
|
| |
(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 that complaint and—
|
|
| |
(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 any matter specified in the complaint, or
|
|
| |
(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.
|
|
| |
(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.
|
|
| |
(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).
|
|
| |
(5) The court may—
|
|
| |
(a) pursuant to an application to it under subsection (2)(a) or (4), or
|
|
| |
(b) pursuant to an appeal under subsection (3),
|
|
| |
make a determination in relation to a matter specified in subsection (1) and may, if it considers it appropriate, determine that a co-decision-maker shall no longer act as such in relation to the appointer concerned.
|
