Australian Capital Territory Current Acts

HUMAN RIGHTS COMMISSION ACT 2005

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  

   PART 2--OBJECTS AND IMPORTANT CONCEPTS

   6.      Main objects of Act  
   6A.     What is a prescribed service?  
   7.      What is a health service?  
   8.      What is a disability service?  
   8A.     What is a service for children and young people?  
   9.      What is a service for older people?  
   9A.     What is a service for victims of crime?  
   10.     Who is a provider?  

   PART 3--THE COMMISSION

           Division 3.1--Establishment, constitution and functions of commission

   11.     Establishment of commission  
   12.     Members of commission  
   13.     Commission's collegiate nature to be promoted  
   14.     Commission's functions  
   15.     Functions and human rights  
   16.     Independence of commission  
   17.     Minister's directions  

           Division 3.2--President

   18.     President's functions  
   18A.    Governance and corporate support protocol  
   18B.    Client services charter  
   18C.    Operations protocol  

           Division 3.2A--Appointment of commission members

   18D.    Appointment of commission members  
   18E.    Ending appointments  
   18F.    Delegation of member's functions  

           Division 3.3--Children and young people commissioner

   19B.    Children and young people commissioner's functions  
   19C.    Advisory committees for services for children and young people  

           Division 3.4--Disability and community services commissioner

   21.     Disability and community services commissioner's functions  

           Division 3.5--Discrimination commissioner

   23.     Discrimination commissioner's functions  

           Division 3.6--Health services commissioner

   25.     Health services commissioner's functions  

           Division 3.7--Human rights commissioner

   27.     Human rights commissioner's functions  

           Division 3.7A--Public advocate

   27B.    Public advocate's functions  
   27BA.   Public advocate to report to ACAT  
   27BB.   Disclosure of information about investigations by public advocate  
   27BC.   Engagement of lawyer by public advocate  

           Division 3.7B--Victims of crime commissioner

   27C.    Victims of crime commissioner's functions  

           Division 3.9--Commission procedures

   30.     Time and place of commission meetings  
   31.     Presiding member at meetings  
   32.     Quorum at meetings  
   33.     Voting at meetings  
   34.     Individual with more than 1 role  
   35.     Conduct of meetings etc  

           Division 3.10--Consultants of commission

   37.     Consultants of commission  

   PART 4--COMPLAINTS

           Division 4.1--Making complaints

   38.     Outline—div 4.1  
   39.     When may someone complain about a health service?  
   40.     When may someone complain about a disability service?  
   40A.    When may someone complain about a service for children and young  
   41.     When may someone complain about a service for older people?  
   41A.    When may someone complain about an occupancy dispute?  
   41B.    When may someone complain about treatment of vulnerable people?  
   41C.    Victims rights complaints  
   41D.    Human rights complaints  
   42.     What complaints may be made under this Act?  
   43.     Who may make a complaint under this Act?  
   44.     Complaint to be in writing  
   45.     Commission's obligation to be prompt and efficient  
   46.     Complainant's obligations in relation to complaint  

           Division 4.2--Dealing with complaints

   47.     Outline—div 4.2  
   48.     Consideration without complaint or appropriate complainant  
   49.     Treatment of complaint if complaint dealt with as commission-initiated  
   51.     Referring complaints for conciliation  
   51A.    Referral of advocacy matters—children and young people  
   51B.    Referral of advocacy matters—vulnerable people  
   52.     Considering complaints  
   52A.    Referral to appropriate statutory office-holder  
   52B.    Dealing with vulnerable person complaints  
   52C.    Effect of declaration made under Children and Young People Act  

           Division 4.2A--Discrimination complaints to ACAT

   53.     Definitions—div 4.2A  
   53A.    Referral of discrimination complaints other than commission-initiated discrimination  
   53B.    Late application in exceptional circumstances  
   53BA.   Referral of commission-initiated discrimination matters  
   53C.    Parties to ACAT proceeding on discrimination complaint  
   53CA.   Onus of establishing complaint about discrimination etc  
   53D.    Reliance on exceptions and exemptions  
   53DA.   Commission to give information etc to ACAT  
   53DB.   Consideration of positive duty  
   53E.    Kinds of orders—unlawful acts under the Discrimination Act  
   53EA.   Effect of declaration made under Children and Young People Act  

           Division 4.2B--Certain older people service complaints to ACAT

   53F.    Definitions—div 4.2B  
   53G.    Application—div 4.2B  
   53H.    Retirement village complaints—referral  
   53I.    Retirement village complaints—late application in exceptional  
   53J.    Retirement village complaints—parties to ACAT proceeding  
   53K.    Retirement village complaints—ACAT jurisdiction  
   53L.    Retirement village complaints—commission to give information etc to  
   53M.    Retirement village complaints—ACAT orders  
   53N.    Retirement village complaints—no monetary limit on jurisdiction of  
   53O.    Retirement village complaints—other options for dispute  

           Division 4.2C--Certain occupancy dispute complaints to ACAT

   53P.    Definitions—div 4.2C  
   53Q.    Application—div 4.2C  
   53R.    Occupancy dispute complaints—referral  
   53S.    Occupancy dispute complaints—late application in exceptional  
   53T.    Occupancy dispute complaints—parties to ACAT proceeding  
   53U.    Occupancy dispute complaints—ACAT jurisdiction  
   53V.    Occupancy dispute complaints—commission to give information etc to  
   53W.    Occupancy dispute complaints—ACAT orders  
   53X.    Occupancy dispute complaints—monetary limit on jurisdiction of  
   53Y.    Occupancy dispute complaints—other options for dispute  

           Division 4.2D--Conversion practice complaints to ACAT

   53Z.    Meaning of person complained about—div 4.2D  
   53ZA.   Conversion practice complaints—referral  
   53ZB.   Conversion practice complaints—late application in exceptional  
   53ZC.   Conversion practice complaints—parties to ACAT proceeding  
   53ZD.   Conversion practice complaints—commission to give information etc to  
   53ZE.   Conversion practice complaints—ACAT orders  
   53ZF.   Conversion practice complaints—no monetary limit on jurisdiction of  

           Division 4.3--Conciliation of complaints

   54.     Outline—div 4.3  
   55.     What is conciliation?  
   56.     Delegation of commission's function of conciliation  
   57.     Parties to conciliation  
   58.     Request for third party to attend  
   59.     Compulsory attendance at conciliation  
   60.     Conduct of conciliation  
   62.     Conciliated agreements  
   63.     Use of conciliation agreement by commission  
   65.     End of conciliation  
   66.     Admissibility of evidence  
   67.     Conciliation attendees protected from civil liability  

           Division 4.4--Consideration of complaints

   68.     Outline—div 4.4  
   69.     Purpose of considering complaints  
   70.     Single consideration of several complaints  
   71.     Representative complaints  
   71A.    Commission may treat person as person complained about  
   72.     Conduct of consideration  
   73.     Power to ask for information, documents and other things  
   74.     Requiring attendance etc  
   75.     Privileges against self-incrimination and exposure to civil penalty  
   76.     Commission may keep document or other thing etc  

           Division 4.5--Closing complaints and reporting

   77.     Outline—div 4.5  
   78.     When complaints can be closed  
   79.     Reopening complaints  
   80.     How complaints are closed  
   81.     Final report  
   82.     Closing discrimination complaints  
   82A.    Closing retirement village complaints  
   82B.    Closing occupancy dispute complaints  
   82C.    Closing conversion practice complaints  
   82D.    Closing human rights complaints if conciliation unlikely to succeed  
   83.     Third-party reports  
   84.     Commission-initiated reports  
   85.     Responding to recommendations  
   86.     Publication of name and details of non-complying entity  
   86A.    Publication of information in relation to human rights complaints  
   87.     Reporting to Minister  
   88.     Discrimination referral statements  
   88A.    Retirement village referral statements  
   88B.    Occupancy dispute referral statements  
   88C.    Conversion practice referral statements  

   PART 5--ADDITIONAL MATTERS FOR HEALTH SERVICE COMPLAINTS

           Division 5.1--Health code of health rights and responsibilities

   89.     Approval of health code  
   90.     Contents of health code  

           Division 5.2--Relationship between commission, health profession boards and veterinary practitioners board

   91.     Meaning of registered health practitioner and registered veterinary  
   92.     Referral of complaints to boards  
   93.     Complaints referred to veterinary practitioners board  
   94.     Consideration of complaints  

           Division 5.3--Health care worker code of conduct

   94A.    Definitions—div 5.3  
   94B.    Meaning of health care worker—div 5.3  
   94C.    Code of conduct may be prescribed  
   94D.    Code of conduct breach by public servants  
   94E.    Code of conduct breach by public servants—information  
   94F.    Principles for making prohibition or condition order or public  
   94G.    Interim prohibition or condition order  
   94H.    Final prohibition or condition order  
   94I.    Public statement about health care worker or health service  
   94J.    Statement of reasons for prohibition or condition order or public  
   94K.    Correction of public statement  
   94L.    Variation of prohibition or condition order  
   94M.    Cancellation of prohibition or condition order  
   94N.    Health care worker must give notice of registration as health  
   94O.    Non-compliance with prohibition or condition order  
   94P.    Non-compliance with corresponding prohibition or condition order  
   94Q.    Commission to keep register  
   94R.    Exchange of information  

           Division 5.4--Notification and review of decisions

   94S.    Meaning of reviewable decision––div 5.4  
   94T.    Reviewable decision notices  
   94U.    Applications for review  

   PART 5A--CHILD SAFE STANDARDS

   94V.    Child safe standards  
   94W.    Implementing child safe standards  
   94X.    Review of child safe standards  

   PART 6--MISCELLANEOUS

   95.     Information about complaints  
   96.     Inspection of incorporated documents  
   97.     Notification of certain incorporated documents  
   98.     Victimisation etc  
   99.     Secrecy  
   99A.    Information sharing between commissioners  
   99B.    Information sharing with Aboriginal and Torres Strait Islander children and young people  
   99C.    Cooperation with Aboriginal and Torres Strait Islander children and young people  
   100.    Protection of officials from liability  
   100A.   Protection of others from liability  
   100B.   Independence of DPP  
   101.    Intergovernmental arrangements  
   102.    Exercise of functions under intergovernmental arrangement  
   103.    Determination of fees and expenses for people asked to attend  
   104.    Approved forms  
   105.    Regulation-making power  

   PART 8--TRANSITIONAL--HUMAN RIGHTS (COMPLAINTS) LEGISLATION AMENDMENT ACT 2023

   125.    Contravention of Human Rights Act 2004 before commencement day  
   126.    Expiry—pt 8  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES