HUMAN RIGHTS COMMISSION ACT 2005 - SECT 52B Dealing with vulnerable person complaints

HUMAN RIGHTS COMMISSION ACT 2005 - SECT 52B

    (1)     Before taking either of the following actions in relation to a vulnerable person complaint, the commission must obtain the consent of the vulnerable person the subject of the complaint:

        (a)     telling the person complained about, in writing, that the complaint is to be considered under section 45 (2) (c);

        (b)     referring a complaint to a statutory office-holder under section 52A.

    (2)     However, consent is not required—

        (a)     if the person is not capable of giving consent, even with appropriate support; or

        (b)     if it is not appropriate to obtain consent because of the seriousness of the complaint or the risk of harm to the vulnerable person; or

        (c)     if the person is not capable of giving free or voluntary consent; or

        (d)     if the commission cannot access the person to seek their consent.