HUMAN RIGHTS COMMISSION ACT 2005 - SECT 48 Consideration without complaint or appropriate complainant

HUMAN RIGHTS COMMISSION ACT 2005 - SECT 48

    (1)     The commission may, on its own initiative, consider (by a "commission-initiated consideration")—

        (a)     an act, service or conduct that appears to the commission to be an act, service or conduct about which a person could make, but has not made, a complaint under this Act; or

        (b)     any other matter related to the commission's functions.

Examples

The commission may consider an issue of public interest or public safety that relates to its functions.

Note 1     A complaint about a health practitioner or a veterinary practitioner may also be dealt with by commission-initiated consideration (see s 94 (2)).

Note 2     The commission—

        (a)     must consult with the inspector of correctional services in relation to any commission-initiated consideration involving a detainee or correctional centre or service (see Inspector of Correctional Services Act 2017

, s 33); and

        (b)     may refer a matter to the inspector if the commission reasonably believes the matter can be more appropriately dealt with by the inspector (see Inspector of Correctional Services Act 2017

, s 34).

    (2)     The commission may, on its own initiative, also consider (by a commission-initiated consideration ) a complaint that is a children and young people service complaint, disability service complaint, health service complaint, older people service complaint, victims rights complaint or vulnerable person complaint, if—

        (a)     the person who made the complaint could not have made the complaint under section 43 (1) (a) to (d); and

        (b)     the commission does not approve the person under section 43 (1) (e) to make the complaint for the aggrieved person.

Note     Under s 43 (1) (a) to (e), complaints may be made by an aggrieved person, an agent of an aggrieved person, a parent or guardian of an aggrieved person who is a child or young person, a person with guardianship or control of an aggrieved person or a person approved by the commission to make the complaint on an aggrieved person's behalf.

    (3)     Without limiting when the commission may consider a matter by a commission-initiated consideration, the commission may consider a complaint by a commission-initiated consideration if—

        (a)     the complainant has withdrawn the complaint for any reason; but

        (b)     the commission is satisfied that it is in the public interest to consider the complaint.

Examples of when it may be in the public interest to consider withdrawn complaint

1     The complaint appears to reveal a systemic problem about an activity or a service.

2     The complaint, if substantiated, raises a significant issue for the ACT, or an issue of public safety.

3     It may be possible for action in relation to the complaint to be taken under another Act if the complaint is substantiated by, for example, reporting a veterinary practitioner to the veterinary practitioners board or making an application for an occupational discipline order in relation to the veterinary practitioner to the ACAT.

    (4)     A commission-initiated consideration must, as far as practicable, be conducted as if it were a consideration of a complaint.

Note     The commission is the complainant for a commission-initiated consideration (see dict, def complainant ).