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HUMAN RIGHTS COMMISSION ACT 2005

Table of Provisions

PART 1--PRELIMINARY

  • 1 Name of Act  
  • 3 Dictionary  
  • 4 Notes  
  • 5 Offences against Act—application of Criminal Code etc  

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

  • 18D Appointment of commission members  
  • 18E Ending appointments  
  • 18F Delegation of member's functions  

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

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

  • 89 Approval of health code  
  • 90 Contents of health code  

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  

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