141.This section amends the 2007 Act.
142.Subsection (2) amends section 6 (complaint determined to be conduct complaint) to ensure that where a complaint is (or includes an element which is) a conduct complaint, the Commission must send it to the relevant professional organisation to deal with.
143.Subsection (4) amends section 8 (services complaint: local resolution or mediation). The changes ensure that, where the Commission decides that a complaint is wholly or partly a services complaint (i) that has been made prematurely or (ii) in relation to which an insufficient attempt has been made to achieve a negotiated settlement, it may refer the complaint back to try to achieve a negotiated settlement with the complainer. A complaint is made prematurely, within the meaning of section 4(4) of the 2007 Act, where a complainer has not notified the practitioner of the substance of the complaint in question and given the practitioner an opportunity to deal with it or any prior step required under Commission rules (made under section 32(1) of the 2007 Act) has not been taken.
144.Subsection (5) amends section 9 (services complaint: Commission’s duty to investigate and determine) to give the Commission discretion to propose a settlement as respects a services complaint. Previously the Commission was obliged to propose a settlement in respect of services complaints where the complainer had been directly affected by the suggested inadequate professional services.
145.The section also repeals various provisions that are no longer needed as a result of other changes. For example, section 7 of the 2007 Act which requires the Commission to give notice of its determination that a complaint is a services complaint or that it is frivolous etc., is no longer needed because rules made under section 32(1) will set out what the notice requirements are, allowing for a more flexible approach to the notice to be given by the Commission.
Background Part 3 - Complaints Section 53 – Commission process relating to complaints