Australian Capital Territory Numbered Acts

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HUMAN RIGHTS COMMISSION LEGISLATION AMENDMENT ACT 2010 (NO. 5 OF 2010) - SECT 19

New section 71A

insert

71A     Commission may treat person as person complained about

    (1)     This section applies if the commission is considering a complaint, and is satisfied on reasonable grounds that—

        (a)     the complaint should have been made against someone (the new person ) other than the person complained about; or

        (b)     the complaint could have been made by the complainant against someone else (also the new person ) as well as the person complained about.

    (2)     The commission may, by written notice given to the complainant and the new person, elect to treat the new person as a person complained about in the complaint.

    (3)     If the commission elects to treat the new person as a person complained about in the complaint—

        (a)     the new person is taken to be a person complained about in the complaint for this Act and related Acts; and

        (b)     the complaint is taken to have been made against the new person at the time the commission elected to treat the new person as a person complained about.

    (4)     Also, the commission must take reasonably practicable steps to ensure that the new person is not disadvantaged only because the commission elected to treat the person as a person complained about in the complaint rather than waiting for a new complaint to be made about the person.



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