Australian Capital Territory Current Acts

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HUMAN RIGHTS COMMISSION ACT 2005 - SECT 82D

Closing human rights complaints if conciliation unlikely to succeed

    (1)     This section applies if the commission closes a human rights complaint because section 78 (1) (f) applies.

    (2)     The final report in relation to the human rights complaint may—

        (a)     include the substance of the complaint; and

        (b)     include the actions taken to try to resolve the complaint; and

        (c)     recommend any action the commission considers the person complained about should take to ensure their acts and decisions are compatible with human rights.

    (3)     A recommendation need not be limited to matters raised by the complaint being closed.

    (4)     If a recommendation recommends that action be taken, it must state the reasonable time within which the action should be taken.

    (5)     The final report is not admissible in a proceeding under the Human Rights Act 2004

, section 40C (Legal proceedings in relation to public authority actions) unless the complainant and the person complained about agree.

    (6)     This section is additional to the other requirements of this Act for a final report.



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