76. (1) A person may make a complaint in writing to the Director concerning one or more of the following matters:

(a) that an attorney has acted, is acting, or is proposing to act outside F112[the scope of, or in breach of,] his or her functions as specified in the instrument creating the enduring power of F112[attorney, or in breach of this Act];

(b) that an attorney is not a suitable person within the meaning of section 59(6);

(c) that fraud, coercion or undue pressure was used to induce a donor to appoint an F112[attorney, to vary or revoke an enduring power of attorney under section 73, to make a request under section 73A(1)(i) or to make a request and written notice of revocation under section 73A(1)(ii);]

F113[(d) that the donor did not, at the time the enduring power of attorney was executed, have the capacity to make an enduring power of attorney;

(e) that the donor did not, at the time the enduring power of attorney was registered, have the capacity to register an enduring power of attorney.]

(2) A person may, in respect of an attorney under the Act of 1996, make a complaint in writing to the Director concerning one or more of the following matters:

(a) that an attorney under the Act of 1996, is acting or is proposing to act outside the scope of the enduring power under the Act of 1996;

(b) that an attorney under the Act of 1996 is unable, for whatever reason, to perform his or her duties and obligations as construed in accordance with that Act;

(c) that fraud, coercion or undue pressure was used to induce a donor under the Act of 1996 to appoint an attorney under the Act of 1996.

F113[(2A) Following the receipt of a complaint under subsection (1) or (2) the Director shall carry out such review or investigation of the matter the subject of the complaint as he or she considers appropriate and shall, subject to subsection (2B), form a view as to whether or not the complaint is well founded not later than 3 months after the date of his or her receipt of the complaint (in this section referred to as the "initial investigation period").

(2B) The Director may, before the date of expiry of the initial investigation period, extend the duration of his or her investigation by a period of up to 6 months from that date by sending written notice to the complainant, the person who is the subject of the complaint and the relevant person concerned giving reasons for the extension.]

(3) F112[The Director shall, as soon as is practicable after having formed a view under subsection (2A)]—

(a) where he or she is of the view that the complaint is F112[well founded, and, in the case of a complaint under subsection (2), notwithstanding section 12 of the Act of 1996], make an application to the court for a determination in relation to a matter specified in the F112[complaint,]

F113[(aa) notwithstanding paragraph (a), where he or she is of the view that the complaint is well founded and that—

(i) the provision of clarification by him or her to the attorney regarding the role of the attorney would be an appropriate resolution, or

(ii) the subject matter of the complaint could be appropriately resolved under section 96(4),

the Director may, not later than 3 months after having formed a view under subsection (2A), provide the clarification referred to in subparagraph (i), or proceed to resolve the complaint as soon as possible under section 96(4), as the case may be, and]

(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 that view.

(4) A person who receives a notification under subsection (3)(b) may, not later than F112[3 months] after the date of issue of the notification, appeal a decision of the Director that the complaint is not well founded to the court.

(5) The Director may, notwithstanding that no complaint has been received, on his or her own initiative carry out an F112[investigation, to which this section shall, with any necessary modifications, apply]

F113[(5A) Where subsection (3)(aa) applies and the Director has provided the clarification referred to in subparagraph (i) of that subsection or has resolved the complaint under section 96(4) as referred to in subparagraph (ii) of that subsection, the Director may—

(a) request further information regarding the outcome of the clarification or resolution, as the case may be, or

(b) request confirmation that the complaint has been resolved,

from the complainant, the person who is the subject of the complaint or the relevant person, as the Director considers appropriate.

(5B) If the Director is not satisfied, following the receipt of the information or confirmation referred to in subsection (5A), that the clarification or resolution referred to in that subsection has satisfactorily resolved the complaint, the Director may make an application to the court in accordance with subsection (3)(a) or may take such other steps as he or she considers appropriate in order to resolve the complaint.]

(6) The court may—

(a) pursuant to an application to it under subsection (3)(a) F114[…], or

(b) pursuant to an appeal under F112[subsection (4) or (6B)(b)],

make a determination in relation to a matter specified in subsection (1) or (2) and may, if it considers it appropriate, determine that—

(i) an attorney shall no longer act as such in relation to the donor F112[concerned, and that the Register shall be amended accordingly] or

(ii) an attorney under the Act of 1996 shall no longer act as such in relation to a donor under the Act of F112[1996, and that the registration of the instrument creating the enduring power under the Act of 1996 shall be cancelled, and such cancellation shall have the same effect as if the registration had been cancelled by the High Court under the Act of 1996.]

F113[(6A) The Director shall, in accordance with this section, investigate a complaint under subsection (1) or (2) unless in his or her opinion there has been undue delay in making the complaint.

(6B) A decision by the Director under subsection (6A) not to investigate a complaint—

(a) shall be in writing, shall contain the reasons for the decision and shall be sent to the complainant as soon as possible after it is made, and

(b) may be appealed by the complainant to the court not later than 3 months after the date of receipt by the complainant of the decision.]

(7) The reference to “attorney” in F112[section 95] shall, for the purposes of this section, be construed as including an attorney under the Act of 1996.

(8) The reference to “relevant person” in F112[sections 95 and 99] shall, for the purposes of this section, be construed as including a donor under the Act of 1996.