HUMAN RIGHTS COMMISSION ACT 2005
Table of Provisions
PART 1--PRELIMINARY
PART 2--OBJECTS AND IMPORTANT CONCEPTS
- 6 Main objects of Act
- 6A What is a prescribed service?
- 7 What is a health service?
- 8 What is a disability service?
- 8A What is a service for children and young people?
- 9 What is a service for older people?
- 9A What is a service for victims of crime?
- 10 Who is a provider?
PART 3--THE COMMISSION
Division 3.1--Establishment, constitution and functions of commission
- 11 Establishment of commission
- 12 Members of commission
- 13 Commission's collegiate nature to be promoted
- 14 Commission's functions
- 15 Functions and human rights
- 16 Independence of commission
- 17 Minister's directions
Division 3.2--President
- 18 President's functions
- 18A Governance and corporate support protocol
- 18B Client services charter
- 18C Operations protocol
Division 3.2A--Appointment of commission members
Division 3.3--Children and young people commissioner
- 19B Children and young people commissioner's functions
- 19C Advisory committees for services for children and young people
Division 3.4--Disability and community services commissioner
- 21 Disability and community services commissioner's functions
Division 3.5--Discrimination commissioner
- 23 Discrimination commissioner's functions
Division 3.6--Health services commissioner
- 25 Health services commissioner's functions
Division 3.7--Human rights commissioner
- 27 Human rights commissioner's functions
Division 3.7A--Public advocate
- 27B Public advocate's functions
- 27BA Public advocate to report to ACAT
- 27BB Disclosure of information about investigations by public advocate
- 27BC Engagement of lawyer by public advocate
Division 3.7B--Victims of crime commissioner
- 27C Victims of crime commissioner's functions
Division 3.9--Commission procedures
- 30 Time and place of commission meetings
- 31 Presiding member at meetings
- 32 Quorum at meetings
- 33 Voting at meetings
- 34 Individual with more than 1 role
- 35 Conduct of meetings etc
Division 3.10--Consultants of commission
- 37 Consultants of commission
PART 4--COMPLAINTS
Division 4.1--Making complaints
- 38 Outline—div 4.1
- 39 When may someone complain about a health service?
- 40 When may someone complain about a disability service?
- 40A When may someone complain about a service for children and young
- 41 When may someone complain about a service for older people?
- 41A When may someone complain about an occupancy dispute?
- 41B When may someone complain about treatment of vulnerable people?
- 41C Victims rights complaints
- 42 What complaints may be made under this Act?
- 43 Who may make a complaint under this Act?
- 44 Complaint to be in writing
- 45 Commission's obligation to be prompt and efficient
- 46 Complainant's obligations in relation to complaint
Division 4.2--Dealing with complaints
- 47 Outline—div 4.2
- 48 Consideration without complaint or appropriate complainant
- 49 Treatment of complaint if complaint dealt with as commission-initiated
- 51 Referring complaints for conciliation
- 51A Referral of advocacy matters—children and young people
- 51B Referral of advocacy matters—vulnerable people
- 52 Considering complaints
- 52A Referral to appropriate statutory office-holder
- 52B Dealing with vulnerable person complaints
Division 4.2A--Discrimination complaints to ACAT
- 53 Definitions—div 4.2A
- 53A Referral of discrimination complaints other than commission-initiated discrimination
- 53B Late application in exceptional circumstances
- 53BA Referral of commission-initiated discrimination matters
- 53C Parties to ACAT proceeding on discrimination complaint
- 53CA Onus of establishing complaint about discrimination etc
- 53D Reliance on exceptions and exemptions
- 53DA Commission to give information etc to ACAT
- 53E Kinds of orders—unlawful acts under the Discrimination Act
Division 4.2B--Certain older people service complaints to ACAT
- 53F Definitions—div 4.2B
- 53G Application—div 4.2B
- 53H Retirement village complaints—referral
- 53I Retirement village complaints—late application in exceptional
- 53J Retirement village complaints—parties to ACAT proceeding
- 53K Retirement village complaints—ACAT jurisdiction
- 53L Retirement village complaints—commission to give information etc to
- 53M Retirement village complaints—ACAT orders
- 53N Retirement village complaints—no monetary limit on jurisdiction of
- 53O Retirement village complaints—other options for dispute
Division 4.2C--Certain occupancy dispute complaints to ACAT
- 53P Definitions—div 4.2C
- 53Q Application—div 4.2C
- 53R Occupancy dispute complaints—referral
- 53S Occupancy dispute complaints—late application in exceptional
- 53T Occupancy dispute complaints—parties to ACAT proceeding
- 53U Occupancy dispute complaints—ACAT jurisdiction
- 53V Occupancy dispute complaints—commission to give information etc to
- 53W Occupancy dispute complaints—ACAT orders
- 53X Occupancy dispute complaints—monetary limit on jurisdiction of
- 53Y Occupancy dispute complaints—other options for dispute
Division 4.2D--Conversion practice complaints to ACAT
- 53Z Meaning of person complained about—div 4.2D
- 53ZA Conversion practice complaints—referral
- 53ZB Conversion practice complaints—late application in exceptional
- 53ZC Conversion practice complaints—parties to ACAT proceeding
- 53ZD Conversion practice complaints—commission to give information etc to
- 53ZE Conversion practice complaints—ACAT orders
- 53ZF Conversion practice complaints—no monetary limit on jurisdiction of
Division 4.3--Conciliation of complaints
- 54 Outline—div 4.3
- 55 What is conciliation?
- 56 Delegation of commission's function of conciliation
- 57 Parties to conciliation
- 58 Request for third party to attend
- 59 Compulsory attendance at conciliation
- 60 Conduct of conciliation
- 62 Conciliated agreements
- 63 Use of conciliation agreement by commission
- 65 End of conciliation
- 66 Admissibility of evidence
- 67 Conciliation attendees protected from civil liability
Division 4.4--Consideration of complaints
- 68 Outline—div 4.4
- 69 Purpose of considering complaints
- 70 Single consideration of several complaints
- 71 Representative complaints
- 71A Commission may treat person as person complained about
- 72 Conduct of consideration
- 73 Power to ask for information, documents and other things
- 74 Requiring attendance etc
- 75 Privileges against self-incrimination and exposure to civil penalty
- 76 Commission may keep document or other thing etc
Division 4.5--Closing complaints and reporting
- 77 Outline—div 4.5
- 78 When complaints can be closed
- 79 Reopening complaints
- 80 How complaints are closed
- 81 Final report
- 82 Closing discrimination complaints
- 82A Closing retirement village complaints
- 82B Closing occupancy dispute complaints
- 82C Closing conversion practice complaints
- 83 Third-party reports
- 84 Commission-initiated reports
- 85 Responding to recommendations
- 86 Publication of name and details of non-complying entity
- 87 Reporting to Minister
- 88 Discrimination referral statements
- 88A Retirement village referral statements
- 88B Occupancy dispute referral statements
- 88C Conversion practice referral statements
PART 5--ADDITIONAL MATTERS FOR HEALTH SERVICE COMPLAINTS
Division 5.1--Health code of health rights and responsibilities
Division 5.2--Relationship between commission, health profession boards and veterinary practitioners board
- 91 Meaning of registered health practitioner and registered veterinary
- 92 Referral of complaints to boards
- 93 Complaints referred to veterinary practitioners board
- 94 Consideration of complaints
Division 5.3--Health care worker code of conduct
- 94A Definitions—div 5.3
- 94B Meaning of health care worker—div 5.3
- 94C Code of conduct may be prescribed
- 94D Code of conduct breach by public servants
- 94E Code of conduct breach by public servants—information
- 94F Principles for making prohibition or condition order or public
- 94G Interim prohibition or condition order
- 94H Final prohibition or condition order
- 94I Public statement about health care worker or health service
- 94J Statement of reasons for prohibition or condition order or public
- 94K Correction of public statement
- 94L Variation of prohibition or condition order
- 94M Cancellation of prohibition or condition order
- 94N Health care worker must give notice of registration as health
- 94O Non-compliance with prohibition or condition order
- 94P Non-compliance with corresponding prohibition or condition order
- 94Q Commission to keep register
- 94R Exchange of information
Division 5.4--Notification and review of decisions
- 94S Meaning of reviewable decision––div 5.4
- 94T Reviewable decision notices
- 94U Applications for review
PART 6--MISCELLANEOUS
- 95 Information about complaints
- 96 Inspection of incorporated documents
- 97 Notification of certain incorporated documents
- 98 Victimisation etc
- 99 Secrecy
- 99A Information sharing between commissioners
- 99B Information sharing with Aboriginal and Torres Strait Islander children and young people
- 99C Cooperation with Aboriginal and Torres Strait Islander children and young people
- 100 Protection of officials from liability
- 100A Protection of others from liability
- 100B Independence of DPP
- 101 Intergovernmental arrangements
- 102 Exercise of functions under intergovernmental arrangement
- 103 Determination of fees and expenses for people asked to attend
- 104 Approved forms
- 105 Regulation-making power