HUMAN RIGHTS COMMISSION ACT 1981 No. 24 of 1981 - SECT 10 Powers and duties of Commission

HUMAN RIGHTS COMMISSION ACT 1981 No. 24 of 1981 - SECT 10

10. (1) The Commission has power to do all things that are necessary or
convenient to be done for or in connection with the performance of its
functions.

(2) The Commission may at any time report to the Minister on any matter
arising in the course of the performance of its functions and shall report to
the Minister on such a matter if requested by him to do so.

(3) The Commission shall perform the functions referred to in paragraph 9 (1)
(b) -

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

   (b)  subject to sub-sections (4) and (5), when a complaint is made in
        writing to the Commission that the act or practice is inconsistent
        with or contrary to any human right; or

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

(4) The Commission may, in its discretion, decide not to hold an inquiry as a
result of a complaint if -

   (a)  the complaint is frivolous or vexatious or is not made in good faith;

   (b)  the subject-matter of the complaint is trivial;

   (c)  the act or practice, if established, would not be inconsistent with or
        contrary to any human right;

   (d)  some other remedy in relation to the subject-matter of the complaint
        is reasonably available to the complainant; or

   (e)  the subject-matter of the complaint could be more effectively or
        conveniently dealt with by another statutory authority.

(5) The Commission may, in its discretion, decide not to hold an inquiry as a
result of a complaint if a period of more than 12 months has elapsed since the
act was done or since the last occasion when an act was done in pursuance of
the practice.

(6) Where the Commission decides in accordance with sub-section (4) or (5) not
to hold an inquiry as a result of a complaint, it shall forthwith inform the
complainant in writing of its decision and the reasons for that decision.

(7) Where the Commission holds an inquiry as a result of a complaint, it
shall, forthwith upon the making of its report to the Minister, furnish to the
complainant a copy of its findings and of any recommendations included in its
report.