HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 29 Reports to contain recommendations

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 29

29. (1) Where, after an examination of an enactment or proposed enactment, the
Commission finds that the enactment is, or the proposed enactment would be,
inconsistent with or contrary to any human right, the Commission shall include
in its report to the Minister relating to the results of the examination any
recommendations by the Commission for amendment of the enactment or
proposed enactment to ensure that the enactment is not, or the
proposed enactment would not be, inconsistent with or contrary to any human
right.

(2) Where, after an inquiry into an act done or practice engaged in by a
person, the Commission finds that the act or practice is inconsistent with or
contrary to any human right, the Commission-

   (a)  shall serve notice in writing on the person setting out its findings
        and the reasons for those findings;

   (b)  may include in the notice any recommendations by the Commission for
        preventing a repetition of the act or a continuation of the practice;

   (c)  may include in the notice any recommendation by the Commission for
        either or both of the following:

        (i)    the payment of compensation to, or in respect of, a person who
               has suffered loss or damage as a result of the act or practice;

        (ii)   the taking of other action to remedy or reduce loss or damage
               suffered by a person as a result of the act or practice;

   (d)  shall include in any report to the Minister relating to the results of
        the inquiry particulars of any recommendations that it has made
        pursuant to paragraph (b) or (c);

   (e)  shall state in that report whether, to the knowledge of the
        Commission, the person has taken or is taking any action as a result
        of the findings, and recommendations (if any), of the Commission and,
        if the person has taken or is taking any such action, the nature of
        that action; and

   (f)  shall serve a copy of that report on the person and, if a complaint
        was made to the Commission in relation to the act or practice-

        (i)    where the complaint was made by a person affected by the act or
               practice - shall serve a copy of that report on the
               complainant; or

        (ii)   if the complaint was made by another person - may serve a copy
               of that report on the complainant.

(3) Where-

   (a)  a complaint is made to the Commission in relation to an act or
        practice; and

   (b)  after an inquiry into the act or practice, the Commission finds that-

        (i)    the existence of the act or practice has not been established;
               or

        (ii)   the act or practice is not inconsistent with or contrary to any
               human right, the Commission shall give a copy of a report
               setting out its findings, and the reasons for those findings,
               to the complainant and-

   (c)  in a case to which sub-paragraph (b) (i) applies - to the person
        alleged to have done the act or engaged in the practice; or

   (d)  in a case to which sub-paragraph (b) (ii) applies - to the person who
        did the act or engaged in the practice.

(4) In setting out findings and reasons in a notice to be served or a report
to be given under this section the Commission may exclude any matter if the
Commission considers it desirable to do so having regard to any of the matters
mentioned in sub-section 14 (5) and to the obligations of the Commission under
sub-section 14 (6).

(5) Where, under sub-section (4), the Commission excludes any matter from a
report, the Commission shall prepare a report setting out the excluded matter
and its reasons for excluding the matter and shall furnish the report to the
Minister.