Australian Capital Territory Numbered Acts

HUMAN RIGHTS COMMISSION ACT 2005 (NO. 40 OF 2005) - SECT 48

    (1)     The commission may, on its own initiative, consider (by a "commission-initiated consideration")—

        (a)     an act that appears to the commission to be an act that a person could make, but has not made, a complaint about under this Act; or

        (b)     any other matter related to the commission's functions.

Examples

The commission may consider an issue of public interest or public safety that relates to its functions.

Note 1     A health professional report may also be dealt with by commission-initiated consideration (see s 94).

Note 2     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).

    (2)     The commission may, on its own initiative, also consider (by a commission-initiated consideration ) a complaint that is a disability service complaint, health service complaint or older people service complaint, if—

        (a)     the person who made the complaint could not have made the complaint under section 43 (1) (a) to (d); and

        (b)     the commission does not approve the person under section 43 (1) (e) to make the complaint for the aggrieved person.

Note     Under s 43 (1) (a) to (e), complaints may be made by an aggrieved person, an agent of an aggrieved person, a parent or guardian of an aggrieved person who is a child, a person with guardianship or control of an aggrieved person or a person approved by the commission to make the complaint on an aggrieved person's behalf.

    (3)     Without limiting when the commission may consider a matter by a commission-initiated consideration, the commission may consider a complaint by a commission-initiated consideration if—

        (a)     the complainant has withdrawn the complaint for any reason; but

        (b)     the commission is satisfied that it is in the public interest to consider the complaint.

Examples of when it may be in the public interest to consider withdrawn complaint

1     The complaint appears to reveal a systemic problem relating to the provision of a service or another act.

2     The complaint, if substantiated, raises a significant issue for the ACT, or an issue of public safety.

3     It may be possible for action in relation to the complaint to be taken under another Act if the complaint is substantiated by, for example, reporting a health professional to a health profession board or referring a complaint to the discrimination tribunal.

    (4)     A commission-initiated consideration must, as far as practicable, be conducted as if it were a consideration of a complaint.

Note     The commission is the complainant for a commission-initiated consideration (see dict, def complainant ).