AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986 - SECT 32 Performance of functions relating to equal opportunity

AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986 - SECT 32

  (1)   Subject to subsections   (2) and (3), the Commission shall perform the functions referred to in paragraph   31(b) when:

  (a)   the Commission is requested to do so by the Minister; or

  (b)   a complaint is made in writing to the Commission, by or on behalf of one or more persons aggrieved by an act or practice, alleging that the act or practice constitutes discrimination; or

  (c)   it appears to the Commission to be desirable to do so.

  (2)   The Commission shall not inquire into an act or practice, or, if the Commission has commenced to inquire into an act or practice, shall not continue to inquire into the act or practice, if the Commission is satisfied that the subject matter of the complaint is dealt with under a prescribed enactment or a prescribed State enactment.

  (3)   The Commission may decide not to inquire into an act or practice, or, if the Commission has commenced to inquire into an act or practice, may decide not to continue to inquire into the act or practice, if:

  (a)   the Commission is satisfied that the act or practice does not constitute discrimination; or

  (b)   the Commission is satisfied that the person aggrieved by the act or practice does not want the Commission to inquire, or to continue to inquire, into the act or practice; or

  (ba)   the Commission is satisfied, having regard to all the circumstances, that an inquiry, or the continuation of an inquiry, into the act or practice is not warranted; or

  (c)   in a case where a complaint has been made to the Commission in relation to the act or practice:

  (i)   the complaint was made more than 12 months after the act was done or after the last occasion when an act was done pursuant to the practice; or

  (ii)   the Commission is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance; or

  (iib)   the Commission is satisfied that there is no reasonable prospect of the matter being settled by conciliation; or

  (iii)   where some other remedy has been sought in relation to the subject matter of the complaint--the Commission is of the opinion that the subject matter of the complaint has been adequately dealt with; or

  (iv)   the Commission is of the opinion that some other more appropriate remedy in relation to the subject matter of the complaint is reasonably available to the complainant; or

  (v)   where the subject matter of the complaint has already been dealt with by the Commission or by another statutory authority--the Commission is of the opinion that the subject matter of the complaint has been adequately dealt with; or

  (vi)   the Commission is of the opinion that the subject matter of the complaint could be more effectively or conveniently dealt with by another statutory authority; or

  (vii)   the Commission is satisfied that the complaint has been settled or resolved.

  (4)   The Commission must act fairly in the performance of the functions referred to in paragraph   31(b).

  (5)   If a complaint is made under paragraph   (1)(b), the Commission:

  (a)   must act expeditiously in dealing with the complaint; and

  (b)   must use the Commission's best endeavours to finish dealing with the complaint within 12 months after the complaint was made.

  (6)   Subsections   (4) and (5) do not impose a duty on the Commission that is enforceable in court.

  (7)   Subsection   (6) does not affect a legally enforceable obligation to observe the rules of natural justice.