Queensland Numbered Acts

HUMAN RIGHTS ACT 2019 - SECT 70

70 Commissioner may refuse to deal or to continue to deal, or defer dealing, with complaint

(1) The commissioner may refuse to deal or to continue to deal with a human rights complaint if—

(a) the commissioner considers there is a more appropriate course of action available under another law to deal with the subject of the complaint; or

(b) the commissioner considers the subject of the complaint has been appropriately dealt with by another entity; or

(c) the commissioner considers the requirements under section 65 for making the complaint have not been met; or

(d) the complaint was not made or referred to the commissioner within 1 year after the alleged contravention to which the complaint relates happened.

(2) The commissioner may refuse to continue to deal with a human rights complaint if—

(a) the complainant does not comply with a reasonable request made by the commissioner in dealing with the complaint; or

Example of a reasonable request—

a request for information relevant to the complaint under section 78 (2)

(b) the commissioner is satisfied on reasonable grounds the complainant, without a reasonable excuse, has not cooperated in the commissioner’s dealing with the complaint; or

(c) the commissioner can not make contact with the complainant.

(3) The commissioner may defer dealing with a complaint if—

(a) the complainant has complained to the public entity as required under section 65 but the commissioner considers the public entity has not yet had an adequate opportunity to deal with the complaint; or

(b) the commissioner considers it is necessary to do so to ensure the complaint is dealt with appropriately under another law.

(4) In this section—

"law" includes—

(a) the National Disability Insurance Scheme Act 2013 (Cwlth) or another law of the Commonwealth; and

(b) a law of another State.