Australian Capital Territory Consolidated Acts

HUMAN RIGHTS COMMISSION ACT 2005 - SECT 43

    (1)     A complaint about an act or service may be made to the commission under this Act by—

        (a)     a person (the aggrieved person ) aggrieved by the act or service; or

        (b)     an agent of the aggrieved person; or

        (c)     if the aggrieved person is a child or young person—a parent or guardian of the aggrieved person; or

        (d)     if a person has guardianship or control of the affairs of the aggrieved person under another law or an order of a court or tribunal—that person; or

        (e)     if the aggrieved person cannot complain for any reason and no-one has guardianship or control of the aggrieved person's affairs under another law or an order of a court or tribunal—a person approved by the commission to make a complaint for the aggrieved person; or

        (f)     if the complaint is a health service complaint, disability service complaint or older people service complaint—anyone.

Note     If a complaint is made under par (f) by a person who could not otherwise complain under another paragraph, the commission may conduct a commission-initiated consideration into the matters raised by the complaint (see s 48 (2)).

    (2)     To remove any doubt—

        (a)     no-one may be required to make a complaint; and

        (b)     an aggrieved person may make a complaint under subsection (1) (a) even though the person is under a legal disability (for example, if a child is aggrieved, the child may make a complaint); and

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

        (c)     if a complaint is made under subsection (1) (f)—the complainant cannot require the complaint to be considered.

    (3)     To remove any doubt, a carer may make a complaint as an agent of the aggrieved person under subsection (1) (b) even though the carer is under a legal disability (for example, if a child is a carer of the aggrieved person, the child may make a complaint as an agent of the person).

    (4)     A person may act as the agent of the aggrieved person only if the person is—

        (a)     authorised in writing to act for the aggrieved person; or

        (b)     authorised by the commission to act for the aggrieved person.

    (5)     The commission may authorise a person to act as the agent of the aggrieved person only if the commission is satisfied, on reasonable grounds, that the aggrieved person cannot for any reason make a complaint or authorise a person to make a complaint for the aggrieved person.

    (6)     A single complaint may be made by or for 2 or more aggrieved people.