Australian Capital Territory Numbered Acts

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HUMAN RIGHTS COMMISSION ACT 2005 (NO. 40 OF 2005) - SECT 45

Commission's obligation to be prompt and efficient

    (1)     The commission must deal with complaints promptly and efficiently.

    (2)     In particular, the commission must—

        (a)     allocate each complaint as soon as possible; and

        (b)     if the commission decides to consider the complaint by a commission-initiated consideration under section 48 (2)—tell the person who made the complaint, in writing, about the decision and that the person will not receive progress reports about the consideration; and

        (c)     before considering the complaint, tell the complainant and the person complained about, in writing, that the complaint is to be considered; and

        (d)     if the complaint is a discrimination complaint and the commission decides not to refer the complaint for conciliation—tell the complainant, in writing, that the complaint will not be referred for conciliation and include a discrimination referral statement with the notice; and

        (e)     tell the complainant, in writing, how consideration of the complaint by the commission is progressing not later than 6 weeks after the last time the commission told the complainant, in writing, about the complaint's progress; and

        (f)     if the complaint is closed for any reason—tell the complainant and the person complained about, in writing, that the complaint has been closed within 4 weeks after the day the complaint is closed.

Example for par (e)

The commission tells a complainant, in writing, that his complaint has been allocated to a particular commissioner on 30 June. On 28 July the commission tells the complainant, in writing, that the complaint is being referred to conciliation and the conciliation will take place on 15 August. The commission is not required to tell the complainant anything further until 6 weeks after 28 July.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).



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