Australian Capital Territory Current Acts

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HUMAN RIGHTS COMMISSION ACT 2005 - SECT 52A

Referral to appropriate statutory office-holder

    (1)     This section applies if—

        (a)     the commission considers that the act, service or conduct to which a complaint relates is a matter that could—

              (i)     have been complained about to a statutory office-holder; and

              (ii)     be dealt with more conveniently or effectively by the statutory office-holder; and

        (b)     the commission considers it would be appropriate for the complaint to be referred to the statutory office-holder; and

        (c)     the commission has consulted the statutory office-holder about the referral.

    (2)     The commission may—

        (a)     decide not to deal with, or further deal with, the complaint; and

        (b)     if paragraph (a) applies—must refer the complaint, together with any relevant documents or information in its possession or control, to the statutory office-holder.

    (3)     In this section:

"statutory office-holder" means an office established under a territory law (other than this Act) or a law of the Commonwealth, a State or another Territory.

    (4)     To remove any doubt, this section is in addition to, and does not limit, section 51A (Referral of advocacy matters—children and young people) or section 51B (Referral of advocacy matters—vulnerable people).



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