Australian Capital Territory Numbered Acts

HUMAN RIGHTS COMMISSION ACT 2005 (NO. 40 OF 2005) - SECT 78

    (1)     The commission may close a complaint at any time if—

        (a)     more than 2 years have elapsed since the circumstances that gave rise to the complaint happened; or

        (b)     the complainant has, without good reason, failed to take reasonable steps to resolve the complaint; or

        (c)     the complainant has failed to comply with a requirement under section 73 (Power to ask for information, documents and other things) or section 74 (Requiring attendance etc); or

        (d)     the complainant tells the commission in writing that the complainant wishes to withdraw the complaint, whether or not because it has been conciliated to the complainant's satisfaction; or

        (e)     the complaint has been referred to a health profession board; or

        (f)     the matters raised by the complaint have been successfully conciliated.

    (2)     The commission must close a complaint made to it if—

        (a)     the complaint is not a complaint that may be made under this Act; or

Note     For complaints that may be made under this Act, see s 42.

        (b)     the complaint is not made by a person who may make a complaint under this Act; or

Note     For people who may make a complaint under this Act, see s 43.

        (c)     satisfied that—

              (i)     the complainant has been given a reasonable explanation and the complaint needs no further action by the commission; or

              (ii)     the complaint is frivolous, vexatious or not made honestly; or

              (iii)     the matters raised by the complaint have been, or are being, dealt with by a court or tribunal or have been dealt with by the commission; or

              (iv)     the complaint lacks substance; or

Example of complaint lacking substance

The complaint is about discrimination, but the discrimination is not unlawful under the Discrimination Act 1991 , part 3, part 5, section 66 or part 7.

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).

        (d)     the complaint is a discrimination complaint that has been referred to the discrimination tribunal; or

        (e)     the complaint has been considered to the commission's satisfaction.