Australian Capital Territory Consolidated Acts

HUMAN RIGHTS COMMISSION ACT 2005

TABLE OF PROVISIONS

           Long Title

   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  
   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?  
   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 3.3--Children and young people commissioner

   19A.    Appointment of children and young people commissioner  
   19B.    Children and young people commissioner's functions  
   19BA.   Delegation of 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

   20.     Appointment of disability and community services commissioner  
   21.     Disability and community services commissioner's functions  
   21A.    Delegation of disability and community services commissioner's  

           Division 3.5--Discrimination commissioner

   22.     Appointment of discrimination commissioner  
   23.     Discrimination commissioner's functions  
   23A.    Delegation of discrimination commissioner's functions  

           Division 3.6--Health services commissioner

   24.     Appointment of health services commissioner  
   25.     Health services commissioner's functions  
   25A.    Delegation of health services commissioner's functions  

           Division 3.7--Human rights commissioner

   26.     Appointment of human rights commissioner  
   27.     Human rights commissioner's functions  
   27A.    Delegation of human rights commissioner's functions  

           Division 3.8--Ending appointments

   28.     Application—div 3.8  
   29.     Ending appointments  

           Division 3.9--Commission procedures

   30.     Time and place of commission meetings  
   32.     Quorum at meetings  
   33.     Voting at meetings  
   34.     Individual with more than 1 role  
   35.     Conduct of meetings etc  

           Division 3.10--Staff and consultants of commission

   36.     Staff 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?  
   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  
   50.     Allocating complaints  
   51.     Referring complaints for conciliation  
   51A.    Referral of advocacy matters  
   52.     Considering complaints  
   52A.    Referral to appropriate statutory office-holder  

           Division 4.2A--Discrimination complaints to ACAT

   53.     Meaning of unlawful act—div 4.2A  
   53A.    Referral of discrimination complaints  
   53B.    Late application in exceptional circumstances  
   53C.    Parties to ACAT proceeding on discrimination complaint  
   53D.    Reliance on exceptions and exemptions  
   53E.    Kinds of orders—unlawful acts under the Discrimination Act  

           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  
   61.     Relationship between conciliation and consideration  
   62.     Conciliated agreements  
   63.     Use of conciliation agreement by commission  
   64.     Unsuccessful conciliation of discrimination matter  
   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  
   72.     Conduct of consideration  
   73.     Power to ask for information, documents and other things  
   74.     Requiring attendance etc  
   75.     Privileges against selfincrimination 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  
   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  

   PART 5--HEALTH CODE AND HEALTH PROFESSION BOARDS

           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 and health profession boards

   91.     Meaning of registered health professional for div 5.2  
   92.     Referral of complaints to health profession board  
   93.     Complaints referred to health profession board  
   94.     Consideration of health professional reports  

   PART 6--MISCELLANEOUS

   95.     Information about complaints  
   96.     Inspection of incorporated documents  
   97.     Notification of certain incorporated documents  
   98.     Victimisation etc  
   99.     Secrecy  
   100.    Protection of officials from liability  
   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  
           DICTIONARY
           ENDNOTES