{"id":"a-2005-40","name":"Human Rights Commission Act 2005","slug":"human-rights-commission-act-2005","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"40 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23757,"registerId":"act-a-2005-40-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"23","sectionType":"section","heading":"February 2026. It also includes any commencement, amendment, repeal or expiry affecting","content":"23 February 2026. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 23 February 2026.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 Main objects of Act 3\n6A What is a prescribed service? 4\n7 What is a health service? 5\n8 What is a disability service? 5\n8A What is a service for children and young people? 6\n9 What is a service for older people? 7\n9A What is a service for victims of crime? 7\n10 Who is a provider? 7\n\nPage\ncontents 2 Human Rights Commission Act 2005\nDivision 3.1 Establishment, constitution and functions of\ncommission\n11 Establishment of commission 9\n12 Members of commission 9\n13 Commission’s collegiate nature to be promoted 9\n14 Commission’s functions 10\n15 Functions and human rights 11\n16 Independence of commission 11\n17 Minister’s directions 11\n18 President’s functions 11\n18A Governance and corporate support protocol 14\n18B Client services charter 15\n18C Operations protocol 15\n18D Appointment of commission members 16\n18E Ending appointments 16\n18F Delegation of member’s functions 17\nDivision 3.3 Children and young people commissioner\n19B Children and young people commissioner’s functions 18\n19C Advisory committees for services for children and young people 19\nDivision 3.4 Disability and community services commissioner\n21 Disability and community services commissioner’s functions 19\n23 Discrimination commissioner’s functions 20\nDivision 3.6 Health services commissioner\n25 Health services commissioner’s functions 21\nDivision 3.7 Human rights commissioner\n27 Human rights commissioner’s functions 21\n27B Public advocate’s functions 22\n27BA Public advocate to report to ACAT 24\n\nPage\ncontents 3\n27BB Disclosure of information about investigations by public advocate 24\n27BC Engagement of lawyer by public advocate 25\nDivision 3.7B Victims of crime commissioner\n27C Victims of crime commissioner’s functions 25\n30 Time and place of commission meetings 25\n31 Presiding member at meetings 26\n32 Quorum at meetings 26\n33 Voting at meetings 26\n34 Individual with more than 1 role 26\n35 Conduct of meetings etc 27\nDivision 3.10 Consultants of commission\n37 Consultants of commission 27\n38 Outline—div 4.1 28\n39 When may someone complain about a health service? 28\n40 When may someone complain about a disability service? 29\n40A When may someone complain about a service for children and young\npeople? 30\n41 When may someone complain about a service for older people? 30\n41A When may someone complain about an occupancy dispute? 31\n41B When may someone complain about treatment of vulnerable people? 31\n41C Victims rights complaints 32\n41D Human rights complaints 33\n42 What complaints may be made under this Act? 34\n43 Who may make a complaint under this Act? 35\n44 Complaint to be in writing 37\n44A Amendment of complaint 38\n45 Commission’s obligation to be prompt and efficient 38\n46 Complainant’s obligations in relation to complaint 41\n47 Outline—div 4.2 43\n\nPage\ncontents 4 Human Rights Commission Act 2005\n48 Consideration without complaint or appropriate complainant 44\n49 Treatment of complaint if complaint dealt with as commission-initiated\nconsideration 46\n51 Referring complaints for conciliation 46\n51A Referral of advocacy matters—children and young people 46\n51B Referral of advocacy matters—vulnerable people 47\n52 Considering complaints 48\n52A Referral to appropriate statutory office-holder 48\n52B Dealing with vulnerable person complaints 49\n52C Effect of declaration made under Children and Young People Act 2008 50\n53 Definitions—div 4.2A 50\n53A Referral of discrimination complaints other than commission-initiated\ndiscrimination matters 51\n53B Late application in exceptional circumstances 51\n53BA Referral of commission-initiated discrimination matters 52\n53C Parties to ACAT proceeding on discrimination complaint 52\n53CA Onus of establishing complaint about discrimination etc 53\n53D Reliance on exceptions and exemptions 54\n53DA Commission to give information etc to ACAT 54\n53DB Consideration of positive duty 55\n53E Kinds of orders—unlawful acts under the Discrimination Act 55\n53EA Effect of declaration made under Children and Young People Act 2008 56\n53G Application—div 4.2B 57\n53H Retirement village complaints—referral 57\n53I Retirement village complaints—late application in exceptional\ncircumstances 58\n53IA Referral of commission-initiated (retirement villages) matter 58\n53J Retirement village complaints—parties to ACAT proceeding 59\n53K Retirement village complaints—ACAT jurisdiction 59\n53L Retirement village complaints—commission to give information etc to\nACAT 60\n53M Retirement village complaints—ACAT orders 60\n\nPage\ncontents 5\n53N Retirement village complaints—no monetary limit on jurisdiction of\nACAT 60\n53O Retirement village complaints—other options for dispute resolution 61\n53Q Application—div 4.2C 61\n53R Occupancy dispute complaints—referral 61\n53S Occupancy dispute complaints—late application in exceptional\ncircumstances 62\n53SA Referral of commission-initiated (occupancy dispute) matter 62\n53T Occupancy dispute complaints—parties to ACAT proceeding 63\n53U Occupancy dispute complaints—ACAT jurisdiction 63\n53V Occupancy dispute complaints—commission to give information etc to\nACAT 64\n53W Occupancy dispute complaints—ACAT orders 64\n53X Occupancy dispute complaints—monetary limit on jurisdiction of ACAT 64\n53Y Occupancy dispute complaints—other options for dispute resolution 65\n53ZA Conversion practice complaints—referral 65\n53ZB Conversion practice complaints—late application in exceptional\ncircumstances 66\n53ZBA Referral of commission-initiated (conversion practice) matter 66\n53ZC Conversion practice complaints—parties to ACAT proceeding 67\n53ZD Conversion practice complaints—commission to give information etc\nto ACAT 67\n53ZE Conversion practice complaints—ACAT orders 68\n53ZF Conversion practice complaints—no monetary limit on jurisdiction of\nACAT 69\n54 Outline—div 4.3 69\n55 What is conciliation? 69\n56 Delegation of commission’s function of conciliation 70\n57 Parties to conciliation 70\n58 Request for third party to attend 71\n59 Compulsory attendance at conciliation 71\n60 Conduct of conciliation 71\n\nPage\ncontents 6 Human Rights Commission Act 2005\n62 Conciliated agreements 72\n63 Use of conciliation agreement by commission 72\n65 End of conciliation 73\n66 Admissibility of evidence 73\n67 Conciliation attendees protected from civil liability 74\n68 Outline—div 4.4 74\n69 Purpose of considering complaints 74\n70 Single consideration of several complaints 74\n71 Representative complaints 75\n71A Commission may treat new entity as respondent 75\n72 Conduct of consideration 76\n73 Power to ask for information, documents and other things 76\n74 Requiring attendance etc 78\n75 Privileges against self-incrimination and exposure to civil penalty 80\n76 Commission may keep document or other thing etc 81\n77 Outline—div 4.5 81\n78 When complaints can be closed 82\n79 Reopening complaints 84\n80 How complaints are closed 84\n81 Final report 85\n82 Closing discrimination complaints 85\n82A Closing retirement village complaints 86\n82B Closing occupancy dispute complaints 86\n82C Closing conversion practice complaints 87\n82D Closing human rights complaints if conciliation unlikely to succeed 88\n83 Third-party reports 89\n84 Commission-initiated reports 90\n85 Responding to recommendations 91\n86 Publication of name and details of non-complying entity 91\n86A Publication of information in relation to human rights complaints 93\n87 Reporting to Minister 93\n88 Discrimination referral statements 94\n\nPage\ncontents 7\n88A Retirement village referral statements 94\n88B Occupancy dispute referral statements 95\n88C Conversion practice referral statements 95\nPart 5 Additional matters for health service\ncomplaints\nDivision 5.1 Health code of health rights and responsibilities\n89 Approval of health code 96\n90 Contents of health code 96\nDivision 5.2 Relationship between commission, health profession\nboards and veterinary practitioners board\n91 Meaning of registered health practitioner and registered veterinary\npractitioner—div 5.2 97\n92 Referral of complaints to boards 97\n93 Complaints referred to veterinary practitioners board 98\n94 Consideration of complaints 98\n94A Definitions—div 5.3 99\n94B Meaning of health care worker—div 5.3 100\n94C Code of conduct may be prescribed 101\n94D Code of conduct breach by public servants 101\n94E Code of conduct breach by public servants—information sharing 102\n94F Principles for making prohibition or condition order or public statement 103\n94G Interim prohibition or condition order 104\n94H Final prohibition or condition order 105\n94I Public statement about health care worker or health service 106\n94J Statement of reasons for prohibition or condition order or public\nstatement 108\n94K Correction of public statement 109\n94L Variation of prohibition or condition order 109\n94M Cancellation of prohibition or condition order 110\n94N Health care worker must give notice of registration as health\npractitioner 111\n94O Non-compliance with prohibition or condition order 112\n94P Non-compliance with corresponding prohibition or condition order 112\n\nPage\ncontents 8 Human Rights Commission Act 2005\n94Q Commission to keep register 113\n94R Exchange of information 113\n94S Meaning of reviewable decision––div 5.4 113\n94T Reviewable decision notices 114\n94U Applications for review 114\nPart 5A Child safe standards\n94V Child safe standards 115\n94W Implementing child safe standards 115\n94X Review of child safe standards 115\n95 Information about complaints 116\n96 Inspection of incorporated documents 116\n97 Notification of certain incorporated documents 117\n98 Victimisation etc 119\n99 Secrecy 119\n99A Information sharing between commissioners 121\n99B Information sharing with Aboriginal and Torres Strait Islander children\nand young people commissioner 122\n99C Cooperation with Aboriginal and Torres Strait Islander children and\nyoung people commissioner’s office 124\n100 Protection of officials from liability 124\n100A Protection of others from liability 125\n100B Independence of DPP 125\n101 Intergovernmental arrangements 126\n102 Exercise of functions under intergovernmental arrangement 126\n103 Determination of fees and expenses for people asked to attend\nconciliation 127\n104 Approved forms 127\n105 Regulation-making power 127\nPart 8 Transitional—Human Rights (Complaints)\nLegislation Amendment Act 2023\n125 Contravention of Human Rights Act 2004 before commencement day 128\n\nPage\ncontents 9\n126 Expiry—pt 8 128\nPart 9 Transitional—Justice and Community Safety\nLegislation Amendment Act 2025\n127 Meaning of commencement day—pt 9 129\n128 Person complained about taken to be respondent 129\n129 Person complained about in complaint referred to ACAT not yet\ndecided 129\n130 Expiry—pt 9 129\nSchedule 1 Reviewable decisions 130\nDictionary 131\n1 About the endnotes 141\n2 Abbreviation key 141\n3 Legislation history 142\n4 Amendment history 150\n5 Earlier republications 170\n\nAn Act to establish the Human Rights Commission, and for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Human Rights Commission Act 2005.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘unlawful act, for division 4.2A\n(Discrimination complaints to ACAT)—see section 53.’ means that the\nterm ‘unlawful act’ is defined in that section for division 4.2A.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Main objects of Act","content":"6 Main objects of Act\n(1) The main object of the Act is to promote the human rights and welfare\nof people living in the ACT.\n(2) The main object is to be achieved by establishing a commission that\nwill—\n(a) promote the provision of community education, information and\nadvice in relation to human rights; and\n(b) identify and examine issues that affect the human rights and\nwelfare of vulnerable groups in the community; and\n(c) make recommendations to government and non-government\nagencies on legislation, policies, practices and services that\naffect vulnerable groups in the community; and\n(d) promote understanding and acceptance of, and compliance with,\nthe Discrimination Act 1991 and the Human Rights Act 2004;\nand\n(e) acknowledge, protect and promote the rights of victims; and\n(f) promote the protection of children and young people and people\nwith a disability from abuse and exploitation; and\n(g) promote environments that are safe for children and young\npeople by—\n(i) promoting the child safe standards prescribed under\nsection 94V; and\n(ii) encouraging providers of services for children and young\npeople to uphold the standards; and\n(h) promote improvements in the provision of prescribed services;\nand\n\n(i) promote the rights of users of prescribed services; and\n(j) promote an awareness of the rights and responsibilities of users\nand providers of services to which this Act relates; and\n(k) provide an independent, fair and accessible process for the\nresolution of discrimination complaints, human rights\ncomplaints and complaints between users and providers of\nprescribed services; and\n(l) provide a process to encourage and assist users and providers of\nprescribed services to make improvements in the provision of\nservices, particularly by encouraging and assisting service users\nand providers to contribute to the review and improvement of\nservice quality; and\n(m) foster community discussion, and the provision of community\neducation and information, about—\n(i) this Act and related Acts; and\n(ii) the operation of the commission; and\n(iii) the procedures for making complaints.\n","sortOrder":5},{"sectionNumber":"6A","sectionType":"section","heading":"What is a prescribed service?","content":"6A What is a prescribed service?\nFor this Act, a prescribed service means—\n(a) a health service; and\n(b) a disability service; and\n(c) a service for children and young people; and\n(d) a service for older people; and\n(e) a service for victims of crime.\n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"What is a health service?","content":"7 What is a health service?\n(1) For this Act, a health service is a service provided in the ACT to\nsomeone (the service user) for any of the following purposes:\n(a) assessing, recording, maintaining or improving the physical,\nmental or emotional health, comfort or wellbeing of the service\nuser;\n(b) diagnosing or treating an illness, disability, disorder or condition\nof the service user.\n(2) In applying this Act in relation to a veterinary practitioner, a health\nservice is a service provided to an animal (the service user) for any\nof the purposes mentioned in subsection (1) (a) or (b).\n(3) A health service includes—\n(a) a service provided by a health practitioner in the practitioner’s\ncapacity as a health practitioner; and\n(b) a service provided specifically for carers of people receiving\nhealth services or carers of people with physical or mental\nconditions; and\n(c) a service provided by a veterinary practitioner in the\npractitioner’s capacity as a veterinary practitioner.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"What is a disability service?","content":"8 What is a disability service?\n(1) A disability service is a service provided in the ACT specifically for\npeople with a disability or their carers.\nExamples of services for people with a disability or their carers\n1 a service that provides home help, personal care, home maintenance or\nmodification, food services, respite care, transport, assessment or referral of\nsupport needs, education, training and skill development, information\nservices, coordination, case management and brokerage, recreation, advocacy,\ncommunity access, accommodation support, rehabilitation, or employment\nservices, specifically for people with a disability or their carers\n\n2 a service provided in association with the use of premises for the care,\ntreatment or accommodation of people with a disability\ndisability means a disability that—\n(a) is attributable to an intellectual, psychiatric, sensory or physical\nimpairment, or a combination of those impairments; and\n(b) is permanent or likely to be permanent; and\n(c) results in—\n(i) the person having a substantially reduced capacity for\ncommunication, learning or mobility; and\n(ii) the need for continuing support services for the person; and\n(d) may, but need not, be of a chronic episodic nature.\nNote Disability is defined differently for complaints about discrimination on\nthe grounds of disability (see Discrimination Act 1991, s 5AA).\n","sortOrder":8},{"sectionNumber":"8A","sectionType":"section","heading":"What is a service for children and young people?","content":"8A What is a service for children and young people?\nA service for children and young people is a service provided in the\nACT specifically for children, young people, both children and young\npeople, or their carers.\nExamples of services for children and young people and their carers\n1 a service that provides care, respite care, transport, assessment or referral of\nsupport needs, education, training and skill development, information services,\ncoordination, food services, case management and brokerage, recreation,\nadvocacy, community access, accommodation support, rehabilitation or\nemployment services specifically for children, young people, or their carers\n2 a service provided in relation to the use of premises for the care, treatment or\naccommodation of children, young people, or their carers\n3 a service provided in relation to a detention place, intensive therapy place or\nplace of care under the Children and Young People Act 2008\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"What is a service for older people?","content":"9 What is a service for older people?\nA service for older people is a service provided in the ACT\nspecifically for older people or their carers.\nExamples of services for older people\n1 a service that provides home help, personal care, home maintenance or\nmodification, food services, respite care, transport, assessment or referral of\nsupport needs, education, training and skill development, information\nservices, coordination, case management and brokerage, recreation, advocacy,\ncommunity access, accommodation support, rehabilitation, or employment\nservices, specifically for older people or their carers\n2 a service provided in association with the use of premises for the care,\ntreatment or accommodation of older people.\n","sortOrder":10},{"sectionNumber":"9A","sectionType":"section","heading":"What is a service for victims of crime?","content":"9A What is a service for victims of crime?\nA service for victims of crime is a service provided in the ACT\nspecifically for victims of crime.\nExamples—services for victims of crime\n• counselling and grief support services\n• court support services\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Who is a provider?","content":"10 Who is a provider?\n(1) For this Act, a provider of a service is an entity that provides, or holds\nout that it can provide, the service.\n(2) A provider of a service includes—\n(a) an entity that employs someone who—\n(i) provides the service; or\n(ii) holds out that the person can provide the service; and\n(b) a volunteer providing the service on behalf of someone else; and\n(c) someone who was a provider when the service was provided,\nbut is no longer providing the service.\n\n(3) However, a funding body does not provide a service only because the\nbody pays for the service to be provided by someone else.\n\nEstablishment, constitution and functions of commission Division 3.1\nDivision 3.1 Establishment, constitution and\nfunctions of commission\n11 Establishment of commission\nThe Human Rights Commission (the commission) is established.\n12 Members of commission\n(1) The commission has the following members:\n(a) the president;\n(b) the children and young people commissioner;\n(c) the disability and community services commissioner;\n(d) the discrimination commissioner;\n(e) the health services commissioner;\n(f) the human rights commissioner;\n(g) the public advocate;\n(h) the victims of crime commissioner.\n(2) The president of the commission is the human rights commissioner.\n(3) A person may hold 2 or more positions mentioned in subsection (1).\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Commission’s collegiate nature to be promoted","content":"13 Commission’s collegiate nature to be promoted\nThe commission members must act in a way that promotes the\ncollegiate nature of the commission.\n\n","sortOrder":13},{"sectionNumber":"Div 3","sectionType":"division","heading":"1 Establishment, constitution and functions of commission","content":"Division 3.1 Establishment, constitution and functions of commission\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Commission’s functions","content":"14 Commission’s functions\n(1) The commission has the following functions:\n(a) encouraging the resolution of complaints made under this Act,\nand assisting in their resolution, by providing an independent,\nfair and accessible process for resolving the complaints;\n(b) encouraging and assisting users and providers of prescribed\nservices to make improvements in the provision of services,\nparticularly by encouraging and assisting service users and\nproviders to contribute to the review and improvement of\nservice quality;\n(c) encouraging and assisting people providing prescribed services\nand people engaging in conduct that may be complained about\nunder this Act, to develop and improve procedures for dealing\nwith complaints;\n(d) identifying, inquiring into and reviewing issues relating to the\nmatters that may be complained about under this Act;\n(e) exercising any other function given to the commission under this\nAct or another territory law.\nNote The following Acts give the commission functions:\n• Discrimination Act 1991\n• Health Practitioner Regulation National Law (ACT)\n• Health Records (Privacy and Access) Act 1997\n• Human Rights Act 2004\n• Veterinary Practice Act 2018.\n(2) The commission must exercise its functions—\n(a) with regard to the principle—\n(i) of the indivisibility and universality of human rights; and\n(ii) that every person is free and equal in dignity and rights;\nand\n\n(b) efficiently, with a view to providing the greatest possible benefit\nto the people of the ACT.\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Functions and human rights","content":"15 Functions and human rights\nThe commission must act in accordance with the human rights under\nthe Human Rights Act 2004 when exercising a function under this Act\nor a related Act.\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Independence of commission","content":"16 Independence of commission\nThe commission is not subject to the direction of anyone else in\nrelation to the exercise of a function under this Act or a related Act,\nsubject to section 17.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Minister’s directions","content":"17 Minister’s directions\n(1) The Minister may, in writing, direct the commission to inquire into\nand report to the Minister in relation to a matter that can be\ncomplained about under this Act.\n(2) The commission must comply with the direction.\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"President’s functions","content":"18 President’s functions\n(1) The president has the following functions:\n(a) managing the administration of the commission;\n(b) the efficient and effective financial management of the\ncommission’s resources;\n(c) ensuring the commission’s functions are exercised in an orderly\nand prompt way;\n(d) developing a governance and corporate support protocol in\naccordance with section 18A;\n\n(e) developing a client service charter in accordance with\nsection 18B;\n(f) developing an operations protocol in accordance with\nsection 18C;\n(g) ensuring, as far as practicable, the commission’s functions are\nexercised in a way that takes into account, and is consistent with,\nthe governance and corporate support protocol, the client service\ncharter and the operations protocol;\n(h) reporting, or coordinating reporting, on behalf of the\ncommission in accordance with subsection (2);\n(i) promoting community discussion, and providing community\neducation and information, about—\n(i) this Act and related Acts; and\n(ii) the operation of the commission; and\n(iii) the procedures for making complaints;\n(j) advising the Minister about any matter in relation to this Act or\na related Act;\n(k) collecting information about the operation of this Act and\nrelated Acts, and publishing the information;\n(l) dealing with complaints about the operation of the commission\n(but not a complaint about a decision of a commissioner in\nrelation to a complaint made under division 4.1);\n(m) if the president considers that a commissioner has a real or\nperceived conflict of interest in relation to a complaint—\nconsidering the complaint or allocating responsibility for\nconsideration of the complaint to another commissioner;\n(n) any other function given to the president under this Act or\nanother territory law.\n\n(2) The president—\n(a) must for each inquiry and review mentioned in section 14 (1)\n(d)—\n(i) report, in writing, to the Minister and other appropriate\nentities about the inquiry or review; and\n(ii) advise the Minister and other appropriate entities about\nthose matters; and\n(b) is responsible for giving reports (other than a health practitioner\nreport) under the following sections on behalf of the\ncommission:\n(i) section 17 (Minister’s directions);\n(ii) section 83 (Third-party reports);\n(iii) section 84 (Commission-initiated reports);\n(iv) section 87 (Reporting to Minister); and\n(c) may report, in writing, to the Minister on the following systemic\nmatters:\n(i) a matter of public importance relating to the commission,\nincluding how the commission handles complaints under\nthe Act;\n(ii) a matter affecting the system—\n(A) for the protection of the rights of users of prescribed\nservices (or a class of user) as a whole, rather than a\nmatter affecting an individual alone; and\n(B) for the provision of prescribed services (or a class of\nprescribed services) as a whole, rather than a matter\naffecting an individual alone.\n(3) The president may exercise any function given to any other\ncommissioner under this Act or another territory law.\n\n(4) To remove any doubt, the Minister may, but need not, present advice\nmentioned in subsection (2) (a) to the Legislative Assembly.\nNote A report under s 87 must be presented to the Legislative Assembly.\nhealth practitioner report means—\n(a) a notification under the Health Practitioner Regulation National\nLaw (ACT), section 150 (2); or\n(b) a report under that Law, section 150 (5A).\n","sortOrder":19},{"sectionNumber":"18A","sectionType":"section","heading":"Governance and corporate support protocol","content":"18A Governance and corporate support protocol\n(a) after consulting with the director-general and the other\ncommissioners, prepare a draft governance and corporate\nsupport protocol for each 3-year period that includes—\n(i) how the responsible directorate and the commission will\nconsult and communicate with each other; and\n(ii) a strategic plan for the 3-year period; and\n(iii) how funding will be allocated within the commission for\neach year in the 3-year period; and\n(iv) a budget for each commissioner mentioned in section 12\nfor each year in the 3-year period; and\n(v) performance criteria to be met by the commission in each\nyear of the 3-year period; and\n(vi) financial and performance reporting and auditing\nrequirements for the 3-year period; and\n(vii) processes for requesting funding; and\n(viii) anything else prescribed by regulation; and\n\n(b) give the draft plan to the director-general for endorsement; and\n(c) publish the approved plan on the commission’s website.\n","sortOrder":20},{"sectionNumber":"18B","sectionType":"section","heading":"Client services charter","content":"18B Client services charter\n(a) every 3 years, after consulting with the ACT community for 8\nweeks, prepare a client service charter that states—\n(i) how the commission will provide services to the\ncommunity; and\n(ii) what the community can expect when dealing with the\ncommission; and\n(b) publish the charter on the commission’s website.\n","sortOrder":21},{"sectionNumber":"18C","sectionType":"section","heading":"Operations protocol","content":"18C Operations protocol\n(a) every 3 years, after consulting with the other commissioners,\nprepare a protocol that provides for the following:\n(i) how enquiries and complaints generally will be received\nby the commission;\n(ii) how enquiries will be dealt with within the commission;\n(iii) how complaints will be referred within the commission;\n(iv) how clients can access the commission’s services;\n(v) how the president undertakes advocacy and reporting on\nsystemic matters under section 18 (2);\n(vi) the kinds of questions or matters that may be considered at\na commission meeting under section 33;\n(vii) when complaints should be referred to other complaint\nhandling entities;\n\n(viii) anything else the commission considers appropriate;\n(ix) anything else prescribed by regulation; and\nNote For the making of complaints to the commission and how the\ncommission deals with them, see pt 4.\n(b) publish the protocol on the commission’s website.\n","sortOrder":22},{"sectionNumber":"18D","sectionType":"section","heading":"Appointment of commission members","content":"18D Appointment of commission members\n(1) The Executive must appoint the commission members.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see s 207).\n(2) However, the Executive must not appoint a person as a member\nunless satisfied that the person has the experience or expertise\nnecessary to exercise the member’s functions.\n(3) A member must not be appointed for a term of longer than 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1, def\nappoint).\n(4) A member’s conditions of appointment are the conditions agreed\nbetween the Executive and the member, subject to any determination\nunder the Remuneration Tribunal Act 1995.\n","sortOrder":23},{"sectionNumber":"18E","sectionType":"section","heading":"Ending appointments","content":"18E Ending appointments\n(1) The Executive may end the appointment of a person as a commission\nmember—\n(a) if the person contravenes a territory law; or\n(b) for misbehaviour; or\n\nAppointment of commission members Division 3.2A\n(c) if the person becomes bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(d) if the person is convicted, in the ACT, of an offence punishable\nby imprisonment for at least 1 year; or\n(e) if the person is convicted outside the ACT, in Australia or\nelsewhere, of an offence that, if it had been committed in the\nACT, would be punishable by imprisonment for at least 1 year.\n(2) The Executive must end the person’s appointment—\n(a) if the person is absent, other than on leave approved by the\nMinister, for 14 consecutive days or for 28 days in any 12-month\nperiod; or\n(b) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the person’s functions.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n","sortOrder":24},{"sectionNumber":"18F","sectionType":"section","heading":"Delegation of member’s functions","content":"18F Delegation of member’s functions\nA commission member may delegate the member’s functions under\nthis Act or another territory law to another member or a commission\nstaff member.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\nDivision 3.3 Children and young people commissioner\nDivision 3.3 Children and young people\n19B Children and young people commissioner’s functions\n(1) The children and young people commissioner has the following\nfunctions:\n(a) to exercise functions for the commission in relation to services\nfor children and young people;\n(b) to promote the implementation of the child safe standards by\nproviders of services for children and young people, and\nencourage providers to uphold the standards;\n(c) to exercise any other function given to the commissioner under\nin relation to services for children and young people.\n(3) In exercising the children and young people commissioner’s\nfunctions, the commissioner must endeavour to—\n(a) consult with children and young people in ways that promote\ntheir participation in decision-making; and\n(b) listen to and seriously consider the views of children and young\npeople; and\n(c) ensure that the commission is accessible to children and young\npeople; and\n(d) be sensitive to the linguistically and culturally diverse\nbackgrounds of children and young people.\n\nDisability and community services commissioner Division 3.4\n","sortOrder":25},{"sectionNumber":"19C","sectionType":"section","heading":"Advisory committees for services for children and young","content":"19C Advisory committees for services for children and young\npeople\n(1) The commission may establish advisory committees to assist the\ncommission to exercise its functions in relation to services for\nchildren and young people.\n(2) Without limiting the people who may be appointed to an advisory\ncommittee, the commission may appoint children and young people,\nand people with experience or expertise in relation to services for\nchildren and young people, to the committee.\nDivision 3.4 Disability and community services\n","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Disability and community services commissioner’s","content":"21 Disability and community services commissioner’s\nfunctions\n(1) The disability and community services commissioner has the\nfollowing functions:\n(a) to exercise functions for the commission in relation to disability\nservices;\n(b) to exercise functions for the commission in relation to services\nfor older people;\n(c) to deal with the following complaints:\n(i) a children and young people service complaint;\n(ii) a disability service complaint;\n(iii) an older people service complaint;\n(iv) a vulnerable person complaint;\n(v) a victims rights complaint;\n(vi) a conversion practice complaint;\n(vii) a human rights complaint;\n\n(d) to exercise any other function given to the commissioner under\nin relation to disability services.\n23 Discrimination commissioner’s functions\n(1) The discrimination commissioner has the following functions:\n(a) to exercise functions for the commission in relation to\ndiscrimination;\n(b) to exercise any other function given to the commission under\nthis Act or another territory law.\n(2) The functions of the commission in relation to discrimination include\n(a) to promote the right of people to be free from unlawful\ndiscrimination in—\n(i) the areas of work, education and access to premises;\n(ii) the provision of goods, services, facilities and\naccommodation; and\n(iii) the activities of clubs;\n(b) to promote the right of people to be free from sexual harassment\nin—\n(i) the areas of work, education and access to premises; and\n(ii) the provision of goods, services, facilities and\naccommodation; and\n(iii) the activities of clubs;\n\nHealth services commissioner Division 3.6\n(c) to promote recognition and acceptance within the community of\nthe equality of all people;\n(d) to promote recognition and acceptance within the community of\nthe principle of equality of opportunity for all people.\n(3) The exercise of the function mentioned in subsection (1) (a) is subject\nin relation to discrimination.\n(4) A term used in subsection (2) has the same meaning as in the\nDiscrimination Act 1991.\nDivision 3.6 Health services commissioner\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Health services commissioner’s functions","content":"25 Health services commissioner’s functions\n(1) The health services commissioner has the following functions:\n(a) to exercise functions for the commission in relation to health\nservices;\nNote See, for example, the Health Practitioner Regulation National Law\n(ACT), s 150 (Relationship with health complaints entity).\nin relation to health services and services for older people.\nDivision 3.7 Human rights commissioner\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Human rights commissioner’s functions","content":"27 Human rights commissioner’s functions\n(1) The human rights commissioner has the following functions:\n(a) to exercise functions for the commission in relation to human\nrights;\n\n(2) The functions of the commission in relation to human rights include\n(a) to provide education about human rights and the Human Rights\nAct 2004; and\n(b) to advise the Minister on anything relevant to the operation of\nthe Human Rights Act 2004.\n(3) The exercise of the function mentioned in subsection (1) (a) is subject\nin relation to human rights.\n","sortOrder":29},{"sectionNumber":"27B","sectionType":"section","heading":"Public advocate’s functions","content":"27B Public advocate’s functions\n(1) The public advocate has the following functions:\n(a) to advocate for the rights of people with a disability and, as part\nof advocating for those rights, doing the following:\n(i) fostering the provision of services and facilities for people\nwith a disability;\n(ii) supporting the establishment of organisations that support\npeople with a disability;\n(iii) encouraging the development of programs that benefit\npeople with a disability (including advocacy programs,\neducational programs and programs to encourage people to\nact as guardians and managers);\n(iv) promoting the protection of people with a disability from\nabuse and exploitation;\n\nPublic advocate Division 3.7A\n(b) to advocate for the rights of children and young people and, as\npart of advocating for those rights, doing the following:\n(i) fostering the provision of services and facilities for\n(ii) supporting the establishment of organisations that support\n(iii) promoting the protection of children and young people\nfrom abuse and exploitation;\n(c) to represent forensic patients before the ACAT or a court;\n(d) to listen to and investigate concerns from children and young\npeople about the provision of services for the protection of\n(e) investigate matters in relation to which the public advocate has\na function;\n(f) monitoring the provision of services for the protection of\n(g) dealing, on behalf of people with a disability and children and\nyoung people, with entities providing services;\n(h) any other function given to the public advocate under this Act\nor any other territory law.\nNote The public advocate also has functions under the Children and Young\nPeople Act 2008, the Guardianship and Management of Property\nAct 1991 and the Mental Health Act 2015.\ndisability means one of the following conditions if the condition gives\nrise to a need for protection from abuse, exploitation or neglect, or a\ncombination of those things:\n(a) a physical, mental, psychological or intellectual condition;\n(b) a condition that would make a person a forensic patient.\n\nforensic patient includes a person who has been—\n(a) apprehended by a police officer because the person’s behaviour\nor statements indicate to the officer that the person may have a\nmental disorder or mental illness; or\n(b) found by a court or the ACAT to be unfit to plead; or\n(c) acquitted of a criminal charge because of mental impairment; or\n(d) found guilty of a criminal offence and is, or while serving a\nsentence of imprisonment has become, a person with a mental\ndisorder or mental illness.\nmental disorder—see the Mental Health Act 2015, section 9.\nmental illness—see the Mental Health Act 2015, section 10.\n27BA Public advocate to report to ACAT\nThe public advocate must report to the ACAT about a matter before\nthe ACAT if asked by the ACAT.\n27BB Disclosure of information about investigations by public\nadvocate\n(1) Section 99 (Secrecy) does not prevent the public advocate from\ndisclosing information to a person (including members of the public)\nabout an investigation by the public advocate if the public advocate\nis satisfied that the disclosure is necessary and reasonable in the\npublic interest.\n(2) However, the public advocate must not make a disclosure—\n(a) that is likely to prejudice the investigation; or\n(b) that includes an opinion that is (expressly or impliedly) critical\nof a person or body unless the public advocate has given the\nperson, or the principal officer of the body, an opportunity to\nanswer the criticism; or\n\nVictims of crime commissioner Division 3.7B\n(c) if the investigation arises from a reported concern—that\nidentifies the subject of the concern (directly or indirectly)\nunless it is necessary and reasonable to do so.\n27BC Engagement of lawyer by public advocate\nThe public advocate may engage a lawyer to appear before a court or\nthe ACAT in relation to the exercise of the public advocate’s\nfunctions under this Act.\nDivision 3.7B Victims of crime commissioner\n","sortOrder":30},{"sectionNumber":"27C","sectionType":"section","heading":"Victims of crime commissioner’s functions","content":"27C Victims of crime commissioner’s functions\n(1) The victims of crime commissioner has the following functions:\n(a) to exercise functions for the commission in relation to services\nfor victims of crime;\nNote The victims of crime commissioner also has functions under the Domestic\nViolence Agencies Act 1986, the Victims of Crime Act 1994 and the\nVictims of Crime (Financial Assistance) Act 2016.\nin relation to services for victims of crime.\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Time and place of commission meetings","content":"30 Time and place of commission meetings\n(1) Meetings of the commission are to be held when and where it decides.\n(2) However, the commission must meet at least once each month.\n(3) The president may call a meeting of the commission.\n\n(4) The president, when calling a meeting, must give the other members\nreasonable notice of the time and place of the meeting.\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Presiding member at meetings","content":"31 Presiding member at meetings\n(1) The president presides at all meetings at which the president is\npresent.\n(2) If the president is absent, the member chosen by the members present\npresides.\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Quorum at meetings","content":"32 Quorum at meetings\nBusiness may be carried on at a meeting of the commission only if at\nleast 3 members of the commission are present.\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Voting at meetings","content":"33 Voting at meetings\n(1) At a meeting of the commission each member has a vote on each\nquestion to be decided.\n(2) A question is decided by a majority of the votes of the members\npresent and voting but, if the votes are equal, the member presiding\nhas the deciding vote.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Individual with more than 1 role","content":"34 Individual with more than 1 role\n(a) a person holds 2 or more positions under this Act; and\n(b) the person is a member of the commission because of each of\nthe positions.\nThe disability and community services commissioner may be appointed as the\nhealth services commissioner.\n(2) The person is only entitled to 1 vote at commission meetings.\n\nConsultants of commission Division 3.10\n(3) In working out whether 3 members are present at a meeting for\nsection 32 (Quorum at meetings), the number of members is taken to\nbe the number of individuals who are members.\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Conduct of meetings etc","content":"35 Conduct of meetings etc\n(1) A meeting may be held using a method of communication, or a\ncombination of methods of communication, that allows a commission\nmember taking part to hear what each other member taking part says\nwithout the members being in each other’s presence.\nExamples\na phone link, a satellite link, an internet or intranet link\n(2) A commission member who takes part in a meeting conducted under\nsubsection (1) is taken, for all purposes, to be present at the meeting.\n(3) A resolution is a valid resolution of the commission, even if it is not\npassed at a meeting of the commission, if—\n(a) notice of the resolution is given under procedures decided by the\ncommission; and\n(b) all members agree, in writing, to the proposed resolution.\n(4) The commission must keep minutes of its meetings.\nDivision 3.10 Consultants of commission\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Consultants of commission","content":"37 Consultants of commission\n(1) The commission may engage consultants for this Act.\n(2) Consultants are to be engaged on terms decided by the commission.\n(3) However, this section does not give the commission a power to enter\ninto a contract of employment.\n\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Outline—div 4.1","content":"38 Outline—div 4.1\nThis division sets out the complaints that may be made under this Act,\nwho can complain and how.\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"When may someone complain about a health service?","content":"39 When may someone complain about a health service?\n(1) A person may complain to the commission about a health service if—\n(b) the person believes that the provider of the service has acted\ninconsistently with any of the following:\n(i) the health code;\n(ii) if there is no health code—the health provision principles;\n(iii) the health care worker code of conduct prescribed under\nsection 94C;\n(iv) a generally accepted standard of health service delivery\nexpected of providers of the same kind as the provider;\n(v) any standard of practice applying to the provider under the\nHealth Practitioner Regulation National Law (ACT) or the\nVeterinary Practice Act 2018;\n(vi) the National Standards for Mental Health Services\nendorsed by the Australian Health Ministers Advisory\nCouncil’s National Mental Health Working Group, as\namended from time to time;\n(vii) any other standard prescribed by regulation; or\n\nhealth provision principles—see section 90 (2).\nNote If the health services commissioner receives a complaint about a health\npractitioner, the commissioner must tell the national board for the\npractitioner’s health profession about the complaint. The national board\nand commissioner must try to reach agreement about how the complaint\nis to be dealt with (see Health Practitioner Regulation National Law\n(ACT), s 150).\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"When may someone complain about a disability service?","content":"40 When may someone complain about a disability service?\nA person may complain to the commission about a disability service\nif—\n(b) the person believes that the provider of the service has acted\ninconsistently with any of the following:\n(i) the Home and Community Care National Service\nStandards, as amended from time to time;\n(ii) the human rights principles set out in the Disability\nServices Act 1991, schedule 1;\n(iii) the requirements to be complied with in relation to the\ndesign and implementation of programs and services\nrelating to people with disabilities set out in the Disability\nServices Act 1991, schedule 2;\n(iv) the National Standards for Mental Health Services\nendorsed by the Australian Health Ministers Advisory\nCouncil’s National Mental Health Working Group, as\namended from time to time;\n(v) the generally accepted standard of service delivery\n\n(vi) standards (if any) approved under the Disability Services\nAct 1991, section 5A (Approval of standards);\n(vii) any other standard prescribed by regulation; or\nNote For the availability and the appropriate version of the standards\nmentioned in par (b) (i) and (iv), see s 96 (Inspection of incorporated\ndocuments) and s 97 (Notification of certain incorporated documents)\n(see also dict, def incorporated document).\n","sortOrder":41},{"sectionNumber":"40A","sectionType":"section","heading":"When may someone complain about a service for","content":"40A When may someone complain about a service for\nchildren and young people?\nA person may complain to the commission about a service for\nchildren and young people if—\n(b) the provider of the service has acted inconsistently with any of\n(i) the generally accepted standard of service delivery\n(ii) the child safe standards prescribed under section 94V;\n(iii) any other standard prescribed by regulation; or\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"When may someone complain about a service for older","content":"41 When may someone complain about a service for older\npeople?\nA person may complain to the commission about a service for older\npeople if—\n\n(b) the provider of the service has acted inconsistently with any of\n(i) the Home and Community Care National Service\nStandards, as amended from time to time;\n(ii) the generally accepted standard of service delivery\n(iii) the Retirement Villages Act 2012;\n(iv) any other standard prescribed by regulation; or\n","sortOrder":43},{"sectionNumber":"41A","sectionType":"section","heading":"When may someone complain about an occupancy","content":"41A When may someone complain about an occupancy\ndispute?\nA person may complain to the commission about an occupancy\ndispute.\n","sortOrder":44},{"sectionNumber":"41B","sectionType":"section","heading":"When may someone complain about treatment of","content":"41B When may someone complain about treatment of\nvulnerable people?\n(1) A person may complain to the commission about the treatment of a\nvulnerable person if the person believes on reasonable grounds that\nthe vulnerable person is subject to or at risk of abuse, neglect or\nexploitation.\nvulnerable person means an adult who—\n(a) has a disability within the meaning of the Disability Services\nAct 1991; or\n\n(b) is at least 60 years old and—\n(i) has a disorder, illness or disease that affects the person’s\nthought processes, perception of reality, emotions or\njudgment or otherwise results in disturbed behaviour; or\n(ii) has an impairment that—\n(A) is intellectual, psychiatric, sensory or physical in\nnature; and\n(B) results in a substantially reduced capacity of the\nperson for communication, learning or mobility; or\n(iii) for any other reason is socially isolated or unable to\nparticipate in the life of the person’s community.\n","sortOrder":45},{"sectionNumber":"41C","sectionType":"section","heading":"Victims rights complaints","content":"41C Victims rights complaints\n(a) a person engages with a justice agency; and\n(b) the person believes the justice agency has not complied with\ntheir victims rights; and\n(c) the person is a victim.\n(2) The person may complain to the commission about the justice\nagency’s conduct (a victims rights complaint).\nNote Alternatively, a victim may make a justice agency complaint to a justice\nagency (see Victims of Crime Act 1994, s 18D) or may raise a victims\nrights concern with the victims of crime commissioner (see Victims of\nCrime Act 1994, s 18F).\n\n(3) If the victims of crime commissioner refers a person’s victims rights\nconcern to the commission under the Victims of Crime Act 1994,\nsection 18G (3), the victims rights concern is taken to be a victims\nrights complaint made by the person to the commission under this\nAct.\nNote A person need not have made a justice agency complaint to a justice\nagency, nor raised a victims rights concern with the commissioner, under\nthe Victims of Crime Act 1994 before making a victims rights complaint\nto the commission under this Act.\nvictim—see the Victims of Crime Act 1994, section 6.\nvictims rights—see the Victims of Crime Act 1994, section 14A.\nvictims rights concern—see the Victims of Crime Act 1994,\nsection 18F (2).\n","sortOrder":46},{"sectionNumber":"41D","sectionType":"section","heading":"Human rights complaints","content":"41D Human rights complaints\n(1) A person may complain to the commission about a public authority\n(a human rights complaint) if the person believes the public\nauthority has acted in contravention of the Human Rights Act 2004,\nsection 40B (Public authorities must act consistently with human\nrights).\n(2) However, the person must not make a human rights complaint unless\nthe person—\n(a) has made a complaint to the relevant person about the\ncontravention claimed; and\n(b) either—\n(i) has not received a response to the complaint within 45 days\nafter making the complaint; or\n(ii) has received a response they consider to be inadequate.\n\n(3) The commission may accept a person’s human rights complaint\nwithout requiring the person to comply with subsection (2) if—\n(a) the person makes another complaint under this Act in relation\nto—\n(i) the same act that constitutes the contravention claimed; or\n(ii) substantially the same circumstances or subject matter of\nthe contravention claimed; or\n(b) the commission is satisfied on reasonable grounds that\nexceptional circumstances justify accepting the person’s human\nrights complaint.\nrelevant person, for a complaint under subsection (2) (a), means the\nperson who would be a respondent if the complaint was a human\nrights complaint.\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"What complaints may be made under this Act?","content":"42 What complaints may be made under this Act?\n(1) The following complaints may be made under this Act:\n(a) a children and young people service complaint;\n(b) a disability service complaint;\n(c) a complaint about an unlawful act under the Discrimination\nAct 1991 (a discrimination complaint);\n(d) a health service complaint;\n(e) a human rights complaint;\n(f) an older people service complaint;\n(g) a vulnerable person complaint;\n(h) a victims rights complaint;\nNote A victims rights complaint is about the conduct of a justice agency.\n\n(i) a conversion practice complaint;\n(j) a complaint on a ground mentioned in the Health Records\n(Privacy and Access) Act 1997, section 18;\n(k) a complaint about an occupancy dispute (an occupancy dispute\ncomplaint).\nNote 1 A complaint about a health practitioner or a veterinary practitioner is\ndealt with by way of commission-initiated consideration (see s 94 (2)).\nNote 2 The commission may also consider matters that have not been raised by\ncomplaints under div 3.5 (see s 48).\n(2) For a discrimination complaint, the complaint may be made in\nrelation to unfavourable treatment—\n(a) on the grounds of 2 or more protected attributes under the\nDiscrimination Act 1991; and\n(b) occurring on 2 or more occasions.\n(3) To remove any doubt, a complaint that may be made under this Act\nis made under this division.\n","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Who may make a complaint under this Act?","content":"43 Who may make a complaint under this Act?\n(1) A complaint about an act, service or conduct may be made to the\ncommission under this Act by—\n(a) a person (the aggrieved person) aggrieved by the act, service or\nconduct; or\n(b) an agent of the aggrieved person; or\n(c) if the aggrieved person is a child or young person—a parent or\nguardian of the aggrieved person; or\n(d) if a person has guardianship or control of the affairs of the\naggrieved person under another law or an order of a court or\ntribunal—that person; or\n\n(e) if the aggrieved person cannot complain for any reason and\nno-one has guardianship or control of the aggrieved person’s\naffairs under another law or an order of a court or tribunal—a\nperson approved by the commission to make a complaint for the\naggrieved person; or\n(f) if the complaint is a discrimination complaint—a person who\nhas a sufficient interest in the complaint; or\n(g) if the complaint is a health service complaint, disability service\ncomplaint or older people service complaint—anyone; or\n(h) if the complaint is an occupancy dispute complaint—an\noccupant under the occupancy agreement.\nNote 1 If a complaint is made under par (g) by a person who could not otherwise\ncomplain under another paragraph, the commission may conduct a\ncommission-initiated consideration into the matters raised by the\ncomplaint (see s 48 (2)).\nNote 2 If a person’s victims rights concern is referred to the commission, the\nperson is taken to have made a victims rights complaint (see s 41C).\n(2) For subsection (1) (a), if the complaint is a human rights complaint—\nan aggrieved person includes a person who would be aggrieved by\nthe act.\n(3) For subsection (1) (f), a person has a sufficient interest in a complaint\nif the conduct complained about is a matter of a genuine concern to\nthe person because of the way conduct of that kind adversely affects,\nor has the potential to adversely affect, the interests of the person or\ninterests or welfare of anyone the person represents.\n(4) To remove any doubt—\n(a) no-one may be required to make a complaint; and\n(b) an aggrieved person may make a complaint under subsection (1)\n(a) even though the person is under a legal disability (for\nexample, if a child is aggrieved, the child may make a\ncomplaint); and\n\n(c) if a complaint is made under subsection (1) (g)—the\ncomplainant cannot require the complaint to be considered.\n(5) To remove any doubt, a carer may make a complaint as an agent of\nthe aggrieved person under subsection (1) (b) even though the carer\nis under a legal disability (for example, if a child is a carer of the\naggrieved person, the child may make a complaint as an agent of the\nperson).\n(6) A person may act as the agent of the aggrieved person only if the\nperson is—\n(a) authorised in writing to act for the aggrieved person; or\n(b) authorised by the commission to act for the aggrieved person.\n(7) A person mentioned in subsection (1) (f) may make a complaint only\nif the aggrieved person consents to the making of the complaint.\n(8) The commission may authorise a person to act as the agent of the\naggrieved person only if the commission is satisfied, on reasonable\ngrounds, that the aggrieved person cannot for any reason make a\ncomplaint or authorise a person to make a complaint for the aggrieved\n(9) A single complaint may be made by or for 2 or more aggrieved\npeople.\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Complaint to be in writing","content":"44 Complaint to be in writing\n(1) A complaint must—\n(a) be in writing; and\n(b) if the complaint is made by an agent—state that it is made for an\naggrieved person and name the aggrieved person; and\n(c) if the complaint is made by a person under section 43 (1) (f)—\nname the aggrieved person; and\n(d) state the complaint and the grounds on which it is based; and\n\n(e) include the name and address of the complainant.\n(2) For a discrimination complaint, the complaint need not state whether\nthe discrimination complained about is direct discrimination or\nindirect discrimination.\nNote Discrimination occurs when a person directly or indirectly discriminates\nagainst someone (see Discrimination Act 1991, s 8).\n(3) However, a person is entitled to reasonable assistance from the\ncommission to put the complaint into writing.\nExamples of when assistance would be reasonable\n1 if the person cannot put the complaint in writing\n2 if the person has difficulty putting the complaint in writing\n(4) Despite subsection (1) (a), a complaint may be made orally if the\ncommission is satisfied on reasonable grounds that exceptional\ncircumstances justify action without a written complaint.\nExample—exceptional circumstances\nWaiting until the complaint is put in writing would make action in response to the\ncomplaint impossible or impractical.\n","sortOrder":50},{"sectionNumber":"44A","sectionType":"section","heading":"Amendment of complaint","content":"44A Amendment of complaint\nA complainant may, with leave of the commission, amend a\ncomplaint at any time.\n","sortOrder":51},{"sectionNumber":"45","sectionType":"section","heading":"Commission’s obligation to be prompt and efficient","content":"45 Commission’s obligation to be prompt and efficient\n(1) The commission must deal with complaints promptly and efficiently.\n(2) Without limiting subsection (1), the commission may make any\npreliminary inquiry it considers necessary and appropriate to decide\nhow to deal with a complaint.\n(3) Without limiting subsection (1), in dealing with a complaint, the\ncommission must—\n(a) allocate each complaint as soon as possible; and\n\n(b) if the commission decides to consider the complaint by a\ncommission-initiated consideration under section 48 (2)—tell\nthe person who made the complaint, in writing, about the\ndecision and that the person will not receive progress reports\nabout the consideration; and\n(c) unless subsection (5) applies—before considering the\ncomplaint, tell the complainant and the respondent, in writing,\nthat the complaint is to be considered; and\n(d) if the complaint is a discrimination complaint (other than a\nmatter under commission-initiated consideration) and the\nreferred for conciliation and include a discrimination referral\nstatement with the notice; and\n(e) if the complaint relates to a service provided by the operator of\na retirement village under the Retirement Villages Act 2012 and\nthe commission decides not to refer the complaint for\nconciliation—tell the complainant, in writing, that the complaint\nwill not be referred for conciliation and include a retirement\nvillage referral statement with the notice; and\n(f) if the complaint is an occupancy dispute complaint and the\nreferred for conciliation and include an occupancy dispute\nreferral statement; and\n(g) if the complaint is a conversion practice complaint and the\nreferred for conciliation and include a conversion practice\nreferral statement with the notice; and\n\n(h) tell the complainant, in writing, how consideration of the\ncomplaint by the commission is progressing not later than—\n(i) 6 weeks after the last time the commission told the\ncomplainant, in writing, (by a progress report) about the\ncomplaint’s progress; or\n(ii) if the latest progress report includes a statement to the\neffect that, for stated reasons, a further progress report will\nnot be provided until a stated time or event—the time or\nthe happening of the event stated in the latest progress\nreport; and\n(i) if the complaint is closed for any reason—tell the complainant\nand the respondent, in writing, that the complaint has been\nclosed within 4 weeks after the day the complaint is closed.\nExamples—par (h) (ii)\n1 A complainant tells the commission that she is going overseas for\n3 months. The commission may tell the complainant that the next\nprogress report will not be given until the complainant returns from\noverseas and notifies the commission.\n","sortOrder":52},{"sectionNumber":"2","sectionType":"section","heading":"The commission decides that it cannot consider a complaint further until","content":"2 The commission decides that it cannot consider a complaint further until\nan expert report about the complainant’s medical condition is provided.\nThe commission may tell the complainant that the next progress report\nwill not be given until 1 week after the commission receives the expert\nreport.\n(4) The commission need not consider a complaint if satisfied that—\n(a) the complaint—\n(i) is frivolous, vexatious or not made honestly; or\n(ii) lacks substance; or\n(iii) is to be referred to another statutory officer-holder or dealt\nwith by a national board under the Health Practitioner\nRegulation National Law (ACT); or\n(iv) cannot be made by the complainant under the Act; or\n\n(v) cannot otherwise be made under the Act; or\n(b) the complainant has been given a reasonable explanation and the\ncomplaint needs no further action by the commission; or\n(c) the matters raised by the complaint have been, or are being, dealt\nwith by a court or tribunal or have been dealt with by the\ncommission; or\n(d) the complainant withdraws the complaint, whether in writing or\notherwise, before notice of the complaint has been given to the\n(5) The commission need not give notice to the respondent under\nsubsection (3) if, because of subsection (4), it decides—\n(a) not to consider the complaint; or\n(b) not to consider the complaint further.\n(6) Also, for a commission-initiated consideration of a vulnerable person\ncomplaint, the commission—\n(a) for subsection (3) (b)—may tell the person who made the\ncomplaint orally; and\n(b) for subsection (3) (c), if the commission decides that it is not\nappropriate, because of the risk to the vulnerable person, to tell\neither the complainant or the respondent—need not tell them.\n","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"Complainant’s obligations in relation to complaint","content":"46 Complainant’s obligations in relation to complaint\nThe complainant for a complaint must—\n(a) keep the commission informed of any change in the\ncomplainant’s name or address while the commission is dealing\nwith the complaint; and\n\n(b) if the commission requires the complainant under section 73 to\nprovide further information, or produce any document or\nthing—provide the further information, or produce the\ndocument or thing, as required; and\n(c) if the commission requires the complainant under section 74 to\nattend before a person to answer questions—attend before the\nperson, and answer questions, as required.\nNote 1 A complaint may be closed if the complainant does not comply with a\nrequirement under s 73 or s 74 (see s 78 (1) (c)).\nNote 2 If the commission requires a person other than the complainant or\naggrieved person (eg the respondent) to provide information, produce a\ndocument or thing or attend to answer questions, the person commits an\noffence if the person does not comply with the requirement (see s 73 and\ns 74).\n\nNote to div 4.2\nThe commission must close certain complaints. For example, the commission must\nclose a complaint that is frivolous or vexatious, or a complaint that has been or is\nbeing dealt with by a court or tribunal (see s 78 (2), esp par (c) (ii) and (iii)).\n","sortOrder":54},{"sectionNumber":"47","sectionType":"section","heading":"Outline—div 4.2","content":"47 Outline—div 4.2\n(1) This division sets out how the commission deals with the complaints\nit receives.\n(2) In summary, complaints may, but need not, go through the following\nsteps:\n(a) allocation;\n(b) consideration;\n(c) conciliation;\n(d) closure;\n(e) reporting.\n(3) Complaints need not go through the steps mentioned in subsection (2)\nin the order they appear in that subsection.\n(4) Also, a complaint may be referred to another entity under section 52A\n(Referral to appropriate statutory office-holder).\nNote If the health services commissioner receives a complaint about a health\npractitioner, the commissioner must tell the national board for the\npractitioner’s health profession about the complaint. The national board\nand commissioner must try to reach agreement about how the complaint\nis to be dealt with (see Health Practitioner Regulation National Law\n(ACT), s 150).\n\n","sortOrder":55},{"sectionNumber":"48","sectionType":"section","heading":"Consideration without complaint or appropriate","content":"48 Consideration without complaint or appropriate\ncomplainant\n(1) The commission may, on its own initiative, consider (by a\ncommission-initiated consideration)—\n(a) an act, service or conduct that appears to the commission to be\nan act, service or conduct about which a person could make, but\nhas not made, a complaint under this Act; or\n(b) any other matter related to the commission’s functions.\nExamples\nThe commission may consider an issue of public interest or public safety that relates\nto its functions.\nNote 1 A complaint about a health practitioner or a veterinary practitioner may\nalso be dealt with by commission-initiated consideration (see s 94 (2)).\nNote 2 The commission—\n(a) must consult with the custodial inspector in relation to any\ncommission-initiated consideration involving a detainee or\ncorrectional centre or service (see Custodial Inspector Act 2017,\ns 33); and\n(b) may refer a matter to the inspector if the commission reasonably\nbelieves the matter can be more appropriately dealt with by the\ninspector (see Custodial Inspector Act 2017, s 34).\n(2) The commission may, on its own initiative, also consider (by a\ncommission-initiated consideration) a complaint that is a children\nand young people service complaint, disability service complaint,\nhealth service complaint, older people service complaint, victims\nrights complaint or vulnerable person complaint, if—\n(a) the person who made the complaint could not have made the\ncomplaint under section 43 (1) (a) to (d); and\n\n(b) the commission does not approve the person under section 43\n(1) (e) to make the complaint for the aggrieved person.\nNote Under s 43 (1) (a) to (e), complaints may be made by an aggrieved person,\nan agent of an aggrieved person, a parent or guardian of an aggrieved\nperson who is a child or young person, a person with guardianship or\ncontrol of an aggrieved person or a person approved by the commission\nto make the complaint on an aggrieved person’s behalf.\n(3) Without limiting when the commission may consider a matter by a\ncommission-initiated consideration, the commission may consider a\ncomplaint by a commission-initiated consideration if—\n(a) the complainant has withdrawn the complaint for any reason;\nbut\n(b) the commission is satisfied that it is in the public interest to\nconsider the complaint.\nExamples of when it may be in the public interest to consider\nwithdrawn complaint\n1 The complaint appears to reveal a systemic problem about an activity or\na service.\n2 The complaint, if substantiated, raises a significant issue for the ACT,\nor an issue of public safety.\n3 It may be possible for action in relation to the complaint to be taken\nunder another Act if the complaint is substantiated by, for example,\nreporting a veterinary practitioner to the veterinary practitioners board\nor making an application for an occupational discipline order in relation\nto the veterinary practitioner to the ACAT.\n(4) A commission-initiated consideration must, as far as practicable, be\nconducted as if it were a consideration of a complaint.\nNote The commission is the complainant for a commission-initiated\nconsideration (see dict, def complainant).\n\n","sortOrder":56},{"sectionNumber":"49","sectionType":"section","heading":"Treatment of complaint if complaint dealt with as","content":"49 Treatment of complaint if complaint dealt with as\ncommission-initiated consideration\n(1) This section applies if the commission decides to consider a\ncomplaint by commission-initiated consideration under\nsection 48 (2).\n(2) The person who made the complaint stops being the complainant and\nthe commission becomes the complainant.\n(3) However, the commission continues to have the same obligations\nunder section 45 (3) (i) in relation to the person as the commission\nwould have if the person were the complainant, but must not give the\nperson information about the aggrieved person or the respondent.\nNote Under s 80 (3) the commission need not give the person a final report in\nrelation to the complaint.\n","sortOrder":57},{"sectionNumber":"51","sectionType":"section","heading":"Referring complaints for conciliation","content":"51 Referring complaints for conciliation\n(1) The commission may, at any time, conciliate a complaint, or matter\nthat forms part of a complaint, if satisfied that the complaint or matter\nis appropriate for conciliation.\nNote Conciliation is dealt with in div 4.3.\n(2) The commission may continue to consider a complaint that has been\nreferred, or part of which has been referred, for conciliation.\n","sortOrder":58},{"sectionNumber":"51A","sectionType":"section","heading":"Referral of advocacy matters—children and young people","content":"51A Referral of advocacy matters—children and young people\n(1) This section applies to a children and young people service complaint\nif—\n(a) the complaint relates to a child or young person; and\n(b) the director-general under the Children and Young People\nAct 2008 has parental responsibility for the child or young\n\n(2) The disability and community services commissioner may, at any\ntime, refer the complaint, or a matter that forms part of the complaint,\nto the public advocate or the Aboriginal and Torres Strait Islander\nchildren and young people commissioner for advocacy if satisfied\nthat—\n(a) it is in the best interests of the child or young person that the\ncomplaint or matter be referred for advocacy; and\n(b) the complaint or matter is appropriate for advocacy by the public\nadvocate or the Aboriginal and Torres Strait Islander children\nand young people commissioner; and\n(c) for a complaint or matter referred to the Aboriginal and Torres\nStrait Islander children and young people commissioner—the\ncomplaint or matter relates to an Aboriginal or Torres Strait\nIslander child or young person.\n(3) The disability and community services commissioner may continue\nto consider a complaint that has been referred, or part of which has\nbeen referred, for advocacy.\n","sortOrder":59},{"sectionNumber":"51B","sectionType":"section","heading":"Referral of advocacy matters—vulnerable people","content":"51B Referral of advocacy matters—vulnerable people\n(1) The disability and community services commissioner may, at any\ntime, refer a vulnerable person complaint, or a matter that forms part\nof the complaint, to the public advocate for advocacy if satisfied it is\nappropriate.\n(2) The disability and community services commissioner may continue\nto consider a complaint that has been referred, or part of which has\nbeen referred, for advocacy.\n\n","sortOrder":60},{"sectionNumber":"52","sectionType":"section","heading":"Considering complaints","content":"52 Considering complaints\n(1) The commissioner given responsibility for considering a complaint\nfor the commission must consider the complaint.\nNote 1 Responsibility for considering complaints may be in accordance with the\noperations protocol made under s 18C.\nNote 2 If the president considers that a commissioner has a real or perceived\nconflict of interest in relation to a complaint, the president may consider\nthe complaint or allocate responsibility for considering the complaint to\nanother commissioner (see s 18 (1) (m)).\n(2) The commissioner may, but need not, continue to consider the\ncomplaint while the complaint is being conciliated.\n(3) In considering a discrimination complaint, the commissioner may\nalso consider whether the duty under the Discrimination Act 1991,\nsection 75 has been met.\nNote The commission may ask for information or documents relevant to a\nconsideration under this subsection (see s 73).\n","sortOrder":61},{"sectionNumber":"52A","sectionType":"section","heading":"Referral to appropriate statutory office-holder","content":"52A Referral to appropriate statutory office-holder\n(a) the commission considers that the act, service or conduct to\nwhich a complaint relates is a matter that could—\n(i) have been complained about to a statutory office-holder;\nand\n(ii) be dealt with more conveniently or effectively by the\nstatutory office-holder; and\n(b) the commission considers it would be appropriate for the\ncomplaint to be referred to the statutory office-holder; and\n(c) the commission has consulted the statutory office-holder about\nthe referral.\n\n(2) The commission may—\n(a) decide not to deal with, or further deal with, the complaint; and\n(b) if paragraph (a) applies—must refer the complaint, together with\nany relevant documents or information in its possession or\ncontrol, to the statutory office-holder.\nstatutory office-holder means an office established under a territory\nlaw (other than this Act) or a law of the Commonwealth, a State or\nanother Territory.\n(4) To remove any doubt, this section is in addition to, and does not limit,\nsection 51A (Referral of advocacy matters—children and young\npeople) or section 51B (Referral of advocacy matters—vulnerable\npeople).\n","sortOrder":62},{"sectionNumber":"52B","sectionType":"section","heading":"Dealing with vulnerable person complaints","content":"52B Dealing with vulnerable person complaints\n(1) Before taking either of the following actions in relation to a\nvulnerable person complaint, the commission must obtain the consent\nof the vulnerable person the subject of the complaint:\n(a) telling the respondent, in writing, that the complaint is to be\nconsidered under section 45 (3) (c);\n(b) referring a complaint to a statutory office-holder under\nsection 52A.\n(2) However, consent is not required—\n(a) if the person is not capable of giving consent, even with\nappropriate support; or\n(b) if it is not appropriate to obtain consent because of the\nseriousness of the complaint or the risk of harm to the vulnerable\nperson; or\n\n(c) if the person is not capable of giving free or voluntary consent;\nor\n(d) if the commission cannot access the person to seek their consent.\n","sortOrder":63},{"sectionNumber":"52C","sectionType":"section","heading":"Effect of declaration made under Children and Young","content":"52C Effect of declaration made under Children and Young\nPeople Act 2008\nIf a court makes a conflict declaration under the Children and Young\nPeople Act 2008, section 727AA in relation to a discrimination\ncomplaint, the commission must suspend dealing with the complaint\nuntil either of the following happen:\n(a) the court revokes the declaration;\n(b) the court proceeding in relation to which the declaration is made\nis finalised.\n","sortOrder":64},{"sectionNumber":"53","sectionType":"section","heading":"Definitions—div 4.2A","content":"53 Definitions—div 4.2A\ncommission-initiated discrimination matter means a matter or\ncomplaint under commission-initiated consideration that involves an\n(a) means a discrimination complaint; and\n(b) includes a commission-initiated discrimination matter.\nunlawful act means an unlawful act under the Discrimination\nAct 1991.\n\n","sortOrder":65},{"sectionNumber":"53A","sectionType":"section","heading":"Referral of discrimination complaints other than","content":"53A Referral of discrimination complaints other than\ncommission-initiated discrimination matters\n(i) a complainant is given a discrimination referral statement\nunder section 45 (3) (d); or\n(ii) a statement under section 82 (1) is included in a final report\nin relation to a complaint; and\n(b) within 60 days after the statement is given, the complainant\nrequires the commission to refer the complaint to the ACAT.\n(b) tell the complainant and the respondent in writing about the\ncomplaint does not include a commission-initiated discrimination\nmatter.\n","sortOrder":66},{"sectionNumber":"53B","sectionType":"section","heading":"Late application in exceptional circumstances","content":"53B Late application in exceptional circumstances\nsection 45 (3) (d) or section 82 (1); and\n\ncomplaint does not include a commission-initiated discrimination\nmatter.\n53BA Referral of commission-initiated discrimination matters\nsection 84 for a commission-initiated discrimination matter.\n(2) The commission may refer a commission-initiated discrimination\nmatter to the ACAT within 60 days after the report has been prepared.\n(3) If the commission refers a commission-initiated discrimination matter\nto the ACAT, the commission must give written notice of the referral\nto the respondent.\n","sortOrder":67},{"sectionNumber":"53C","sectionType":"section","heading":"Parties to ACAT proceeding on discrimination complaint","content":"53C Parties to ACAT proceeding on discrimination complaint\nThe parties to a complaint referred to the ACAT under this division\nare—\n(a) the complainant; and\n(b) the respondent; and\nNote The commission is the complainant in relation to a commission-initiated\nconsideration (see dict, def complainant).\n\n53CA Onus of establishing complaint about discrimination etc\n(1) This section applies to a discrimination complaint, referred to the\nACAT under this division, about discrimination by a person against\nanother person by—\n(a) treating, or proposing to treat, the other person unfavourably\nbecause of a protected attribute of the other person (direct\ndiscrimination); or\n(b) imposing, or proposing to impose, a condition or requirement\nthat has, or is likely to have, the effect of disadvantaging the\nother person because of a protected attribute of the other person\n(other than a condition or requirement that is reasonable in the\ncircumstances) (indirect discrimination).\n(2) It is a rebuttable presumption that discrimination has occurred if the\ncomplainant—\n(a) establishes that—\n(i) for a complaint about direct discrimination—the treatment\nor proposed treatment is unfavourable; and\n(ii) for a complaint about indirect discrimination—the\ncondition or requirement has, or is likely to have, an effect\nof disadvantaging the other person; and\n(b) presents evidence that would enable the ACAT to decide, in the\nabsence of any other explanation—\n(i) for a complaint about direct discrimination—that the\ntreatment or proposed treatment is because of a protected\nattribute of the other person; or\n(ii) for a complaint about indirect discrimination—that the\neffect of disadvantaging the other person is because of a\nprotected attribute of the other person.\n\n(3) The presumption under subsection (2) is rebutted if the respondent\nestablishes that—\n(a) for a complaint about direct discrimination—the treatment is not\nbecause of a protected attribute of the other person; or\n(b) for a complaint about indirect discrimination—the effect of\ndisadvantaging a person is not because of a protected attribute\nof the other person.\nNote The onus of establishing an exception or exemption to discrimination is\non the person seeking to rely on it (see Discrimination Act 1991, s 70).\nprotected attribute means a protected attribute under the\nDiscrimination Act 1991.\n","sortOrder":68},{"sectionNumber":"53D","sectionType":"section","heading":"Reliance on exceptions and exemptions","content":"53D Reliance on exceptions and exemptions\nIn considering whether an act is an unlawful act, the ACAT need not\nconsider any exception in the Discrimination Act 1991, part 4 or\nexemption in the Discrimination Act 1991, part 10, unless the ACAT\nhas information suggesting the exception or exemption applies to the\nact.\n53DA Commission to give information etc to ACAT\n\n53DB Consideration of positive duty\nIn considering a discrimination complaint, the ACAT may also\nconsider whether the duty under the Discrimination Act 1991,\nsection 75 has been met.\n","sortOrder":69},{"sectionNumber":"53E","sectionType":"section","heading":"Kinds of orders—unlawful acts under the Discrimination","content":"53E Kinds of orders—unlawful acts under the Discrimination\nAct\n(b) the ACAT is satisfied that the respondent engaged in an\n(2) The ACAT must make 1 or more of the following orders:\n(a) that the respondent not repeat or continue the unlawful act;\n(b) that the respondent perform a stated reasonable act to redress\nany loss or damage suffered by a person because of the unlawful\nact;\n(c) unless the complaint has been dealt with as a representative\ncomplaint—that the respondent pay to a person a stated amount\nby way of compensation for any loss or damage suffered by the\nperson because of the unlawful act.\n(3) In making an order under subsection (2) (c), the ACAT must\nconsider—\n(a) the person’s right to equality before the law and the impact of\nthe discrimination on the enjoyment of that right; and\n(b) the inherent dignity of all people and the impact of the\ndiscrimination on the person’s dignity; and\n\n(c) the public interest in ensuring an appropriate balance between\nthe right to equal and effective protection against discrimination\nand equality before the law without distinction or discrimination\nand other human rights; and\n(d) the nature of the discrimination; and\n(e) any mitigating factors.\nExamples—par (b)—impact of discrimination\ndistress, humiliation, loss of self-esteem, loss of enjoyment of life\nExample—par (c)—other human rights\nfreedom of expression\nExamples—par (d)\nserious or repeated discrimination, intentional or malicious discrimination,\ndiscrimination on the grounds of 2 or more protected attributes under the\nDiscrimination Act 1991\nExamples—par (e)\na public apology, systemic changes to protect against further discrimination\n(4) The commission may, with the ACAT’s consent, intervene in a\ncomplaint to make submissions about an order under\nsubsection (2) (c).\nrepresentative complaint means a complaint that is dealt with by the\ncommission as a representative complaint under section 71.\n53EA Effect of declaration made under Children and Young\nPeople Act 2008\nIf a court makes a conflict declaration under the Children and Young\nPeople Act 2008, section 727AA in relation to a discrimination\ncomplaint, the ACAT must suspend dealing with the complaint until\neither of the following happen:\n(a) the court revokes the declaration;\n\nCertain older people service complaints to ACAT Division 4.2B\n(b) the court proceeding in relation to which the declaration is made\nis finalised.\n","sortOrder":70},{"sectionNumber":"Div 4","sectionType":"division","heading":"2B Certain older people service","content":"Division 4.2B Certain older people service\ncomplaints to ACAT\n","sortOrder":71},{"sectionNumber":"53G","sectionType":"section","heading":"Application—div 4.2B","content":"53G Application—div 4.2B\nThis division applies to an older people service complaint that relates\nto a service provided by the operator of a retirement village under the\nRetirement Villages Act 2012 (a retirement village complaint).\n","sortOrder":72},{"sectionNumber":"53H","sectionType":"section","heading":"Retirement village complaints—referral","content":"53H Retirement village complaints—referral\n(i) a complainant is given a retirement village referral\nstatement under section 45 (3) (e) (Commission’s\nobligation to be prompt and efficient); or\n(ii) a statement under section 82A (1) (Closing retirement\nvillage complaints) is included in a final report in relation\nto a complaint; and\n(b) within 60 days after the day the statement is given, the\ncomplainant requires the commission to refer the complaint to\nthe ACAT.\n\n","sortOrder":73},{"sectionNumber":"53I","sectionType":"section","heading":"Retirement village complaints—late application in","content":"53I Retirement village complaints—late application in\nsection 45 (3) (e) (Commission’s obligation to be prompt and\nefficient) or section 82A (1) (Closing retirement village\ncomplaints); and\n53IA Referral of commission-initiated (retirement villages)\nsection 84 for a commission-initiated (retirement villages)\n(2) The commission may refer a commission-initiated (retirement\nvillages) matter to the ACAT within 60 days after the report has been\n(3) If the commission refers a commission-initiated (retirement villages)\n\nCertain older people service complaints to ACAT Division 4.2B\ncommission-initiated (retirement villages) consideration means a\ncommission-initiated consideration that relates to a service provided\nby the operator of a retirement village under the Retirement Villages\nAct 2012.\ncommission initiated (retirement villages) matter means a matter or\ncomplaint under commission-initiated (retirement villages)\nconsideration that involves an act that is unlawful under the\nRetirement Villages Act 2012.\n","sortOrder":74},{"sectionNumber":"53J","sectionType":"section","heading":"Retirement village complaints—parties to ACAT","content":"53J Retirement village complaints—parties to ACAT\n","sortOrder":75},{"sectionNumber":"53K","sectionType":"section","heading":"Retirement village complaints—ACAT jurisdiction","content":"53K Retirement village complaints—ACAT jurisdiction\nThe ACAT has the same jurisdiction in relation to a retirement village\ncomplaint referred to the ACAT under this division as that provided\nfor in the Retirement Villages Act 2012, section 177 (ACAT\njurisdiction).\n\n","sortOrder":76},{"sectionNumber":"53L","sectionType":"section","heading":"Retirement village complaints—commission to give","content":"53L Retirement village complaints—commission to give\n","sortOrder":77},{"sectionNumber":"53M","sectionType":"section","heading":"Retirement village complaints—ACAT orders","content":"53M Retirement village complaints—ACAT orders\n(b) the ACAT is satisfied that the respondent engaged in an\n(2) The ACAT may make 1 or more of the orders mentioned in the\nRetirement Villages Act 2012, section 181 (ACAT orders).\n","sortOrder":78},{"sectionNumber":"53N","sectionType":"section","heading":"Retirement village complaints—no monetary limit on","content":"53N Retirement village complaints—no monetary limit on\nThe ACAT is not, in exercising the jurisdiction conferred on it by this\ndivision, limited in the amount of money that it may order to be paid.\n\nOccupancy dispute complaints to ACAT Division 4.2C\n","sortOrder":79},{"sectionNumber":"53O","sectionType":"section","heading":"Retirement village complaints—other options for dispute","content":"53O Retirement village complaints—other options for dispute\nresolution\nNothing in this division requires a complainant to attempt to resolve\na complaint under the Retirement Villages Act 2012 before making a\ncomplaint under this Act.\nDivision 4.2C Occupancy dispute complaints to\nACAT\n53Q Application—div 4.2C\nThis division applies to an occupancy dispute complaint.\n53R Occupancy dispute complaints—referral\n(i) a complainant is given an occupancy dispute referral\nstatement under section 45 (3) (f) (Commission’s\nobligation to be prompt and efficient); or\n(ii) a statement under section 82B (1) (Closing occupancy\ndispute complaints) is included in a final report in relation\nto a complaint; and\n(b) within 60 days after the statement is given, the complainant\nrequires the commission to refer the complaint to the ACAT.\n\n","sortOrder":80},{"sectionNumber":"53S","sectionType":"section","heading":"Occupancy dispute complaints—late application in","content":"53S Occupancy dispute complaints—late application in\nsection 45 (3) (f) (Commission’s obligation to be prompt and\nefficient) or section 82B (1) (Closing occupancy dispute\ncomplaints); and\ncomplaint to the ACAT within 60 days after the statement is\ngiven to the complainant.\n53SA Referral of commission-initiated (occupancy dispute)\nsection 84 for a commission-initiated (occupancy dispute)\n(2) The commission may refer a commission-initiated (occupancy\ndispute) matter to the ACAT within 60 days after the report has been\n(3) If the commission refers a commission-initiated (occupancy dispute)\n\nOccupancy dispute complaints to ACAT Division 4.2C\ncommission-initiated (occupancy dispute) consideration means a\ncommission-initiated consideration that relates to an occupancy\ndispute.\ncommission initiated (occupancy dispute) matter means a matter or\ncomplaint under commission-initiated (occupancy dispute)\nconsideration that involves an act that is unlawful under the\nResidential Tenancies Act 1997.\n","sortOrder":81},{"sectionNumber":"53T","sectionType":"section","heading":"Occupancy dispute complaints—parties to ACAT","content":"53T Occupancy dispute complaints—parties to ACAT\n","sortOrder":82},{"sectionNumber":"53U","sectionType":"section","heading":"Occupancy dispute complaints—ACAT jurisdiction","content":"53U Occupancy dispute complaints—ACAT jurisdiction\n(1) The ACAT has the same jurisdiction in relation to an occupancy\ndispute complaint referred to the ACAT under this division as that\nprovided for in the Residential Tenancies Act 1997, section 76\n(Jurisdiction of ACAT under this Act etc).\n(2) To remove any doubt, the Residential Tenancies Act 1997,\nsection 73 (2) does not require a party to an occupancy agreement to\nattempt to resolve a dispute under a university dispute resolution\nprocedure before the ACAT deals with a complaint referred to it\nunder this division.\n\nuniversity dispute resolution procedure—see the Residential\nTenancies Act 1997, section 73 (3).\n","sortOrder":83},{"sectionNumber":"53V","sectionType":"section","heading":"Occupancy dispute complaints—commission to give","content":"53V Occupancy dispute complaints—commission to give\n","sortOrder":84},{"sectionNumber":"53W","sectionType":"section","heading":"Occupancy dispute complaints—ACAT orders","content":"53W Occupancy dispute complaints—ACAT orders\nIf the commission refers a complaint to the ACAT under this division,\nthe ACAT may make 1 or more of the orders mentioned in the\nResidential Tenancies Act 1997, section 83 (Orders by ACAT).\n","sortOrder":85},{"sectionNumber":"53X","sectionType":"section","heading":"Occupancy dispute complaints—monetary limit on","content":"53X Occupancy dispute complaints—monetary limit on\nThe ACAT is, in exercising the jurisdiction conferred on it by this\ndivision, limited in the amount of money that it may order to be paid\nby the Residential Tenancies Act 1997, section 76 (Jurisdiction of\nACAT under this Act etc).\n\nConversion practice complaints to ACAT Division 4.2D\n","sortOrder":86},{"sectionNumber":"53Y","sectionType":"section","heading":"Occupancy dispute complaints—other options for","content":"53Y Occupancy dispute complaints—other options for\ndispute resolution\nNothing in this division requires a complainant to attempt to resolve\na complaint under the Residential Tenancies Act 1997 before making\na complaint under this Act.\nDivision 4.2D Conversion practice complaints to\nACAT\n53ZA Conversion practice complaints—referral\n(i) a complainant is given a conversion practice referral\nstatement under section 45 (3) (g); or\n(ii) a statement under section 82C (1) is included in a final\nreport in relation to a complaint; and\n(b) within 60 days after the day the statement is given, the\ncomplainant requires the commission to refer the complaint to\nthe ACAT.\n\n53ZB Conversion practice complaints—late application in\n(a) a complainant has been given a statement under section 45 (3)\n(g) or section 82C (1); and\n53ZBA Referral of commission-initiated (conversion practice)\nsection 84 for a commission-initiated (conversion practice)\n(2) The commission may refer a commission-initiated (conversion\npractice) matter to the ACAT within 60 days after the report has been\n(3) If the commission refers a commission-initiated (conversion practice)\n\nConversion practice complaints to ACAT Division 4.2D\ncommission-initiated (conversion practice) consideration means a\ncommission-initiated consideration that relates to a sexuality or\ngender identity conversion practice.\ncommission initiated (conversion practice) matter means a matter or\ncomplaint under commission-initiated (conversion practice)\nconsideration that involves an act that is unlawful under the Sexuality\nand Gender Identity Conversion Practices Act 2020.\n53ZC Conversion practice complaints—parties to ACAT\n53ZD Conversion practice complaints—commission to give\n\n53ZE Conversion practice complaints—ACAT orders\n(b) the ACAT is satisfied that the respondent engaged in a harmful\npractice.\n(2) The ACAT may make 1 or more of the following orders:\n(a) that the respondent not repeat or continue the harmful practice;\n(b) that the respondent perform a stated reasonable act to redress\nany loss or damage suffered by a person because of the harmful\npractice;\n(c) unless the complaint has been dealt with as a representative\ncomplaint—that the respondent pay to a person a stated amount\nby way of compensation for any loss or damage suffered by the\nperson because of the harmful practice;\n(d) any other order the ACAT considers appropriate.\n(3) In making an order under subsection (2) (c), the ACAT—\n(a) must consider—\n(i) the inherent dignity of all people and the impact of the\nsexuality or gender identity conversion practice on the\nperson’s dignity; and\n(ii) the nature of the sexuality or gender identity conversion\npractice; and\n(iii) any mitigating factors; and\n\n(b) may consider any other matter the ACAT considers relevant.\nExamples—par (a) (i)—impact of sexuality or gender identity conversion\npractice\ndistress, humiliation, loss of self-esteem, loss of enjoyment of life\nExample—par (a) (iii)\na public apology\nharmful practice means a sexuality or gender identity conversion\npractice that caused, or is likely to cause, harm to a person or\notherwise has adversely affected, or is likely to adversely affect, a\nperson’s rights, interests or welfare.\nrepresentative complaint means a complaint that is dealt with by the\ncommission as a representative complaint under section 71.\n53ZF Conversion practice complaints—no monetary limit on\nThe ACAT is not, in exercising the jurisdiction conferred on it by this\ndivision, limited in the amount of money that it may order to be paid.\n","sortOrder":87},{"sectionNumber":"54","sectionType":"section","heading":"Outline—div 4.3","content":"54 Outline—div 4.3\nThis division sets out the process to help a complainant and the\nrespondent to endeavour to reach agreement on some or all of the\nmatters complained about in a complaint.\n","sortOrder":88},{"sectionNumber":"55","sectionType":"section","heading":"What is conciliation?","content":"55 What is conciliation?\n(1) For this Act, conciliation of a complaint involves the commission\nacting as an impartial third party to help the parties to the conciliation\nto endeavour to resolve the matters raised by the complaint.\n\n(2) Conciliation requires the parties’ willing and informed agreement to\ntake part in the conciliation.\nNote The commission may require a party to attend conciliation, but may not\nrequire the party to take part.\n(3) The parties to conciliation decide the outcome of the conciliation,\nusually with advice from the commission.\n","sortOrder":89},{"sectionNumber":"56","sectionType":"section","heading":"Delegation of commission’s function of conciliation","content":"56 Delegation of commission’s function of conciliation\nThe commission may delegate the function of conciliation of a\ncomplaint to—\n(a) a commissioner other than the commissioner who is considering\nthe complaint; or\n(b) a member of staff or a consultant engaged by the commission\nfor this Act.\nNote 1 Consultants may be engaged for this Act under s 37.\nNote 2 For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":90},{"sectionNumber":"57","sectionType":"section","heading":"Parties to conciliation","content":"57 Parties to conciliation\n(1) The parties to the conciliation are the complainant and the respondent.\n(2) The commission may allow other people to attend the conciliation if\nthe commission considers that their attendance will help the\nconciliation.\n(3) However, neither the complainant nor the respondent may be\nrepresented by anyone else in the conciliation unless the commission\nis satisfied that the representation is likely to help the conciliation\nsubstantially.\n\n","sortOrder":91},{"sectionNumber":"58","sectionType":"section","heading":"Request for third party to attend","content":"58 Request for third party to attend\nThe commission may, in writing, ask a person other than a party to\nattend the conciliation if satisfied that the person’s attendance is\nlikely to help the conciliation.\n","sortOrder":92},{"sectionNumber":"59","sectionType":"section","heading":"Compulsory attendance at conciliation","content":"59 Compulsory attendance at conciliation\n(1) The commission may, in writing, require a party to attend the\nconciliation.\n(2) The requirement to attend must state the time and place that the\nperson is required to attend.\nNote For the entitlement to representation at conciliation, see s 57 (3).\n(3) A person commits an offence if—\n(a) the person is required to attend a conciliation; and\n(b) the person does not attend as required.\n(4) Subsection (3) does not apply—\n(b) if the person has a reasonable excuse for not attending the\nconciliation as required.\n","sortOrder":93},{"sectionNumber":"60","sectionType":"section","heading":"Conduct of conciliation","content":"60 Conduct of conciliation\nConciliation is to be conducted in the way the commission decides.\nThe commission may decide that a complaint is to be split and the parts are to be\nconciliated separately.\n\n","sortOrder":94},{"sectionNumber":"62","sectionType":"section","heading":"Conciliated agreements","content":"62 Conciliated agreements\n(1) If a complaint is resolved by conciliation, the commission may help\nthe parties make a written record (the conciliation agreement) of the\nagreement they have reached.\n(2) If a conciliation agreement is made, each party must sign the\nagreement.\n(3) The commission must—\n(a) give each party a copy of the conciliation agreement; and\n(b) if the complaint is a discrimination complaint, occupancy\ndispute complaint, retirement village complaint or a conversion\npractice complaint—give the agreement to the ACAT.\nNote The ACAT may make an order in accordance with a conciliation\nagreement for a complaint (see ACT Civil and Administrative Tribunal\nAct 2008, s 55A).\n","sortOrder":95},{"sectionNumber":"63","sectionType":"section","heading":"Use of conciliation agreement by commission","content":"63 Use of conciliation agreement by commission\n(1) This section applies if the parties to the conciliation make a\nconciliation agreement.\n(2) The commission may use information in the conciliation agreement,\nwhether for considering the complaint to which the agreement relates\nor otherwise, only if the parties agree to the use by the commission of\nthe agreement or the part of the agreement containing the information.\n(3) An agreement to allow the commission to use a conciliation\nagreement, or part of a conciliation agreement, may be in the\nconciliation agreement or elsewhere.\n(4) If the parties agree to the use by the commission of the conciliation\nagreement, or a part of the agreement, the commission may use\nanything in the conciliation agreement, or the part of the agreement,\nas the commission considers appropriate.\n\n","sortOrder":96},{"sectionNumber":"65","sectionType":"section","heading":"End of conciliation","content":"65 End of conciliation\n(1) Conciliation of a complaint ends if—\n(a) agreement is reached on the matters raised by the complaint and\nthe parties end the conciliation; or\n(b) the parties agree to end the conciliation; or\n(c) a party withdraws from the conciliation; or\n(d) the commission is satisfied that the conciliation is unlikely to be\nsuccessful.\n(2) If the conciliation ends, the commission must, as soon as practicable,\ntell the following people that the conciliation has ended and why it\nhas ended:\n(b) the respondent.\n","sortOrder":97},{"sectionNumber":"66","sectionType":"section","heading":"Admissibility of evidence","content":"66 Admissibility of evidence\n(1) This section—\n(a) applies to—\n(i) a communication made between people attending a\nconciliation (including the commission); and\n(ii) a document (whether delivered or not) that has been\nprepared in relation to the conciliation; but\n(b) does not apply to a conciliation agreement, or part of a\nconciliation agreement, if the parties have agreed under\nsection 63 to allow the commission to use the agreement or part.\n(2) The Evidence Act 2011, section 131 (Exclusion of evidence of\nsettlement negotiations) applies to a communication or document to\nwhich this section applies as if the communication or document were\na communication or document mentioned in that Act, section 131 (1).\n\n","sortOrder":98},{"sectionNumber":"67","sectionType":"section","heading":"Conciliation attendees protected from civil liability","content":"67 Conciliation attendees protected from civil liability\nA person attending conciliation does not incur civil liability for an act\ndone honestly and without recklessness at the conciliation.\n","sortOrder":99},{"sectionNumber":"68","sectionType":"section","heading":"Outline—div 4.4","content":"68 Outline—div 4.4\nThis division sets out the process the commission follows, and the\npowers the commission may exercise, in considering a complaint.\n","sortOrder":100},{"sectionNumber":"69","sectionType":"section","heading":"Purpose of considering complaints","content":"69 Purpose of considering complaints\nA consideration of a complaint has the following main purposes:\n(a) to allow the commission to decide whether the complaint is a\ncomplaint that may be made under this Act and whether the\ncomplainant is a person who may make the complaint under this\nAct;\n(b) to provide information that may be used to help conciliation of\nthe complaint;\n(c) to work out whether the conduct complained about was engaged\nin in the way complained about and, however it was engaged in,\nwhether there is an adequate ground for the commission to\nreport;\n(d) for a health service complaint about a health care worker acting\ninconsistently with the code of conduct—whether action should\nbe taken against the worker under division 5.3 (Health care\nworker code of conduct).\n","sortOrder":101},{"sectionNumber":"70","sectionType":"section","heading":"Single consideration of several complaints","content":"70 Single consideration of several complaints\nThe commission may conduct a single consideration in relation to\n2 or more complaints that arise out of the same or substantially the\nsame circumstances or subject matter.\n\n","sortOrder":102},{"sectionNumber":"71","sectionType":"section","heading":"Representative complaints","content":"71 Representative complaints\nThe commission may deal with a complaint as a representative\ncomplaint if the commission believes, on reasonable grounds, that—\n(a) the complainant is a member of a class of people the members\nof which have, or are reasonably likely to have, complaints\nagainst a single person or group; and\n(b) the material facts of the complainant’s complaint are the same\nas, or similar or related to, the material facts of the complaints\nof other members of the class; and\n(c) common questions of law or fact arise, or would arise, in the\nconsideration of complaints that have been, or could be, made\nby other members of the class in relation to the complaints; and\n(d) it is desirable to deal with the complaint as a representative\n","sortOrder":103},{"sectionNumber":"71A","sectionType":"section","heading":"Commission may treat new entity as respondent","content":"71A Commission may treat new entity as respondent\n(1) This section applies if the commission is considering a complaint, and\nis satisfied on reasonable grounds that—\n(a) the complaint should have been made against an entity (the new\nentity) other than the respondent; or\n(b) the complaint could have been made by the complainant against\nan entity (also the new entity) as well as the respondent.\n(2) The commission may, by written notice given to the complainant and\nthe new entity, elect to treat the new entity as a respondent in the\n(3) If the commission elects to treat the new entity as a respondent in the\n(a) the new entity is taken to be a respondent in the complaint for\nthis Act and related Acts; and\n\n(b) the complaint is taken to have been made against the new entity\nat the time the commission elected to treat the new entity as a\n(4) Also, the commission must take reasonably practicable steps to\nensure that the new entity is not disadvantaged only because the\ncommission elected to treat the entity as a respondent in the complaint\nrather than waiting for a new complaint to be made about the entity.\n","sortOrder":104},{"sectionNumber":"72","sectionType":"section","heading":"Conduct of consideration","content":"72 Conduct of consideration\nA consideration in relation to a complaint must be conducted in the\nway the commission decides, unless otherwise expressly provided by\nThe commission may decide that a complaint is to be split and the parts are to be\nconsidered separately.\n","sortOrder":105},{"sectionNumber":"73","sectionType":"section","heading":"Power to ask for information, documents and other","content":"73 Power to ask for information, documents and other\nthings\n(1) This section applies if the commission believes, on reasonable\ngrounds, that a person can provide information or produce a\ndocument or something else relevant to a consideration in relation to\na complaint.\n(2) The commission may, by written notice given to the person, require\nthe person to provide the information or produce the document or\nother thing.\n(3) The notice must state how, and the time within which, the person must\ncomply with the requirement.\n(4) A person commits an offence if—\n(a) the person is required by a notice under this section to provide\ninformation to the commission for a consideration in relation to\na complaint; and\n\n(c) the person fails to provide the information to the commission as\nrequired.\nNote 1 See s 75 for when a person required by a notice under this section to\nprovide information or produce a document or other thing cannot rely on\nthe common law privileges against self-incrimination and exposure to the\nimposition of a civil penalty.\nNote 2 If the commission requires a complainant to provide information or\nproduce a document or other thing and the complainant does not comply\nwith the requirement, the commission may close the complaint (see\ns 78 (1) (c)).\nNote 3 Giving false information is an offence against the Criminal Code, s 338.\n(5) Subsection (4) does not apply—\n(b) if the person has a reasonable excuse for failing to provide the\ninformation to the commission as required.\n(6) A person commits an offence if—\n(a) the person is required by a notice under this section to produce\nto the commission a document or other thing for a consideration\nin relation to a complaint; and\n(c) the person fails to produce the document or other thing to the\ncommission as required.\n\n(7) Subsection (6) does not apply—\n(b) if the person has a reasonable excuse for failing to produce the\ndocument or other thing to the commission as required.\n","sortOrder":106},{"sectionNumber":"74","sectionType":"section","heading":"Requiring attendance etc","content":"74 Requiring attendance etc\n(1) If the commission believes, on reasonable grounds, that someone can\nprovide information relevant to a consideration in relation to a\ncomplaint, the commission may, by written notice given to the\nperson, require the person to attend before a named person\n(an interviewer), at the reasonable time and place stated in the notice,\nto answer questions relevant to the consideration.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(2) A person who attends before an interviewer under a notice under\nsubsection (1) must continue to attend as reasonably required by the\ninterviewer to answer questions relevant to the consideration.\n(3) A person commits an offence if—\n(c) the person does not attend before the interviewer as required.\n(4) Subsection (3) does not apply—\n\n(b) if the person has a reasonable excuse for not attending before the\ninterviewer as required.\n(5) A person commits an offence if—\n(c) the person attends before the interviewer as required; and\n(d) the person fails to continue to attend as reasonably required by\nthe interviewer to answer questions relevant to the\n(6) Subsection (5) does not apply—\n(b) if the person has a reasonable excuse for failing to continue to\nattend as required by the interviewer.\n(7) A person commits an offence if—\n(b) the person attends before the interviewer as required; and\n(c) the interviewer requires the person to answer a question; and\n\n(d) the person fails to answer the question.\nNote 1 See s 75 for when a person required by a notice under s (1) to attend\nbefore an interviewer to answer questions cannot rely on the common law\nprivileges against self-incrimination and exposure to the imposition of a\ncivil penalty.\nNote 2 Giving false information is an offence against the Criminal Code, s 338.\n(8) Subsection (7) does not apply—\n(b) if the person has a reasonable excuse for failing to answer the\nquestion.\n","sortOrder":107},{"sectionNumber":"75","sectionType":"section","heading":"Privileges against self-incrimination and exposure to civil","content":"75 Privileges against self-incrimination and exposure to civil\npenalty\n(1) This section applies if a person is required by a notice under section\n73 to provide information or produce a document or other thing.\n(2) This section also applies if—\n(a) a person is attending before an interviewer in accordance with a\nrequirement under section 74; and\n(b) the interviewer requires the person to answer a question.\n(3) However, this section does not apply to a person mentioned in\nsubsection (1) or (2) if the information, document or other thing to be\nproduced, or question asked, relates to a consideration of a complaint\nunder division 5.3 (Health care worker code of conduct).\n(4) The person cannot rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to provide the information, produce the document or other\nthing or answer the question.\nNote The Legislation Act, s 171 deals with client legal privilege.\n\n(5) However, any information, document or other thing obtained, directly\nor indirectly, because of providing the information, the producing of\nthe document or other thing, or the answering of the question is not\nadmissible in evidence against the person in a civil or criminal\nproceeding, other than a proceeding for—\n(a) an offence against this part; or\n(b) any other offence in relation to the falsity of the information,\ndocument, other thing or answer.\n","sortOrder":108},{"sectionNumber":"76","sectionType":"section","heading":"Commission may keep document or other thing etc","content":"76 Commission may keep document or other thing etc\n(1) If a document or something else is produced in accordance with a\nrequirement under section 73 (Power to ask for information,\ndocuments and other things), the commission—\n(a) may take possession of, make copies of, or take extracts from,\nthe document or may take possession of the other thing; and\n(b) may keep the document or other thing for the period that is\nnecessary for the consideration to which the document or thing\nrelates; and\n(c) during that period, must allow anyone who would be entitled to\ninspect the document or other thing, if it were not in the\npossession of the commission, to inspect it and, for a document,\nmake copies of, or take extracts from, it.\n(2) The commission must return a document or something else produced\nin accordance with a requirement under section 73 if the commission\nis no longer entitled to keep the document or thing under this section.\n","sortOrder":109},{"sectionNumber":"77","sectionType":"section","heading":"Outline—div 4.5","content":"77 Outline—div 4.5\n(1) This division sets out when a complaint can be closed and how it is\nclosed, including the making of closing and other reports.\n\n(2) This division also sets out what a report can contain, the people to\nwhom it may be provided and what happens after a report is made.\n","sortOrder":110},{"sectionNumber":"78","sectionType":"section","heading":"When complaints can be closed","content":"78 When complaints can be closed\n(1) The commission may close a complaint at any time if—\n(a) more than 2 years have elapsed since the circumstances that\ngave rise to the complaint happened; or\n(b) the complainant has, without good reason, failed to take\nreasonable steps to resolve the complaint; or\n(c) the complainant has failed to comply with a requirement under\nsection 73 (Power to ask for information, documents and other\nthings) or section 74 (Requiring attendance etc); or\n(d) the complainant tells the commission that the complainant\nwishes to withdraw the complaint, whether or not because it has\nbeen conciliated to the complainant’s satisfaction; or\n(e) the complaint has been referred to a national board under the\nHealth Practitioner Regulation National Law (ACT) or to the\nveterinary practitioners board; or\n(f) the commission considers that conciliation is unlikely to\nsucceed; or\n(g) the matters raised by the complaint have been successfully\nconciliated; or\n(h) the commission is satisfied, taking into account all the\ncircumstances, that further consideration of the complaint is not\njustified.\n(2) The commission must close a complaint made to it if—\n(a) the complaint is not a complaint that may be made under this\nAct; or\nNote For complaints that may be made under this Act, see s 42.\n\n(b) the complaint is not made by a person who may make a\ncomplaint under this Act; or\nNote For people who may make a complaint under this Act, see s 43.\n(c) satisfied that—\n(i) the complainant has been given a reasonable explanation\nand the complaint needs no further action by the\ncommission; or\n(ii) the complaint is frivolous, vexatious or not made honestly;\nor\n(iii) the matters raised by the complaint have been, or are being,\ndealt with by a court or tribunal or have been dealt with by\nthe commission; or\n(iv) the complaint lacks substance; or\nExample of complaint lacking substance\nThe complaint is about discrimination, but the discrimination is not an\nunlawful act under the Discrimination Act 1991.\n(d) the complaint is a discrimination complaint, occupancy dispute\ncomplaint, retirement village complaint or a conversion practice\ncomplaint that has been referred to the ACAT; or\n(e) the complaint has been dealt with to the commission’s\n(f) the complaint has been referred under section 52A (Referral to\nappropriate statutory office-holder); or\n(g) the complaint has otherwise been resolved.\n\n","sortOrder":111},{"sectionNumber":"79","sectionType":"section","heading":"Reopening complaints","content":"79 Reopening complaints\n(1) The commission may, but need not, reopen a complaint if—\n(a) the complaint was closed under section 78 (1) (c) because the\ncomplainant had not complied with a requirement mentioned in\nthe paragraph; and\n(b) the complainant complies with the requirement.\n(2) If the requirement was a requirement to do something by a stated\ntime, the requirement is taken to have been complied with for\nsubsection (1) even though the complainant did not do it within the\nrequired time.\n(3) The commission may, but need not, reopen a complaint if the\ncommission considers that it would be reasonable to do so—\n(a) because of new information received about the complaint; or\n(b) because of exceptional circumstances.\nExample—exceptional circumstances\nIt appears to the commission that the original investigation was defective in some\nway.\n","sortOrder":112},{"sectionNumber":"80","sectionType":"section","heading":"How complaints are closed","content":"80 How complaints are closed\n(1) The commission closes a complaint by giving a written report\n(the final report) to—\n(a) the complainant; and\n(b) the respondent; and\n(c) if the complaint was referred to the commission by—\n(i) a national board established under the Health Practitioner\nRegulation National Law (ACT), section 31—the national\nboard; or\n\n(ii) the veterinary practitioners board—the board.\nNote 1 If the complaint is dealt with by commission-initiated consideration, the\ncommission cannot give the complainant information about the aggrieved\nperson (see s 49).\nNote 2 For how documents may be served, see the Legislation Act, pt 19.5.\n(2) However, the commission must not include an adverse comment in\nrelation to a person in the final report unless the commission has given\nthe person a reasonable opportunity to respond to the proposed\ncomment.\n(3) The commission need not give a final report to close a\ncommission-initiated consideration.\n","sortOrder":113},{"sectionNumber":"81","sectionType":"section","heading":"Final report","content":"81 Final report\n(1) If the commission is satisfied the respondent has acted inconsistently\nwith an applicable standard, the commission may make\nrecommendations to the respondent in the final report.\n(2) A recommendation in a final report need not be limited to matters\nraised by the complaint being closed.\n(3) If a recommendation recommends that action be taken, it must state\nNote For final reports in relation to human rights complaints that are closed\nbecause the commission considers that conciliation is unlikely to succeed\nin resolving the complaint—see s 82D.\n","sortOrder":114},{"sectionNumber":"82","sectionType":"section","heading":"Closing discrimination complaints","content":"82 Closing discrimination complaints\n(1) The final report in relation to a discrimination complaint must include\na discrimination referral statement.\nNote Discrimination referral statement—see s 88.\n\n","sortOrder":115},{"sectionNumber":"82A","sectionType":"section","heading":"Closing retirement village complaints","content":"82A Closing retirement village complaints\n(1) The final report in relation to a retirement village complaint must\ninclude a retirement village referral statement.\nNote Retirement village referral statement—see s 88A.\n","sortOrder":116},{"sectionNumber":"82B","sectionType":"section","heading":"Closing occupancy dispute complaints","content":"82B Closing occupancy dispute complaints\n(1) The final report in relation to an occupancy dispute complaint must\ninclude an occupancy dispute referral statement.\nNote Occupancy dispute referral statement—see s 88B.\n\n","sortOrder":117},{"sectionNumber":"82C","sectionType":"section","heading":"Closing conversion practice complaints","content":"82C Closing conversion practice complaints\n(1) The final report in relation to a conversion practice complaint must\ninclude a conversion practice referral statement.\nNote Conversion practice referral statement—see s 88C.\n\n","sortOrder":118},{"sectionNumber":"82D","sectionType":"section","heading":"Closing human rights complaints if conciliation unlikely","content":"82D Closing human rights complaints if conciliation unlikely\nto succeed\n(1) This section applies if the commission closes a human rights\ncomplaint because section 78 (1) (f) applies.\n(2) The final report in relation to the human rights complaint may—\n(a) include the substance of the complaint; and\n(b) include the actions taken to try to resolve the complaint; and\n(c) recommend any action the commission considers the respondent\nshould take to ensure their acts and decisions are compatible\nwith human rights.\n(3) A recommendation need not be limited to matters raised by the\ncomplaint being closed.\n(4) If a recommendation recommends that action be taken, it must state\n(5) The final report is not admissible in a proceeding under the Human\nRights Act 2004, section 40C (Legal proceedings in relation to public\nauthority actions) unless the complainant and the respondent agree.\n(6) This section is additional to the other requirements of this Act for a\n\n","sortOrder":119},{"sectionNumber":"83","sectionType":"section","heading":"Third-party reports","content":"83 Third-party reports\n(1) The commission may give a third party a report (a third-party report)\nother than a final report if, in considering a complaint, the\ncommission is satisfied—\n(a) that—\n(i) the third party has acted inconsistently with an applicable\nstandard that applies to the third party, or is otherwise\nfailing to adequately do something the third party is\nrequired to do; or\nNote Applicable standard—see the dictionary.\n(ii) the report is about matters of public policy; or\n(iii) the report is about matters that the third party has an\nappropriate interest in; and\n(b) that it is in the public interest to give the report.\nExamples—people to whom third-party report may be given\n1 a Minister\n2 a non-government provider\n3 the employer of the respondent\n4 the veterinary practitioners board\n5 a hospital or other institution where services are provided by the respondent\n6 a funding body\nExamples—what third-party report may be about\n1 systemic issues\n2 issues of public interest\n3 issues relating to safety\n(2) A third-party report need not be limited to matters raised by the\n\n(3) A third-party report given by the commission in considering a human\nrights complaint may recommend any action the commission\nconsiders the third party should take to ensure their acts and decisions\nare compatible with human rights.\n(4) If a third-party report recommends that action be taken, it must state\n(5) However, the commission must not include an adverse comment in\nrelation to a person in a third-party report unless the commission has\ngiven the person a reasonable opportunity to respond to the proposed\ncomment.\n(6) To remove any doubt, a third-party report may be made after a final\nreport has been made, whether or not the respondent has complied\nwith any recommendation made to them.\n(7) In this section:\nthird-party means an entity other than the complainant or the\n","sortOrder":120},{"sectionNumber":"84","sectionType":"section","heading":"Commission-initiated reports","content":"84 Commission-initiated reports\n(1) The commission may prepare a report (a commission-initiated\nreport) of a commission-initiated consideration and give it to anyone\nthe commission considers appropriate.\nThe commission gives a report about a vulnerable person complaint to the ACAT\nbecause it involves matters relevant to the ACAT’s power to, on its own initiative—\n(a) hold a hearing to consider the appointment of a guardian or manager (see\nGuardianship and Management of Property Act 1991, s 19); or\n(b) make an order about an enduring power of attorney (see that Act, s 62).\n(2) However, the commission must not include an adverse comment in\nrelation to a person in a commission-initiated report unless the\ncommission has given the person a reasonable opportunity to respond\nto the proposed comment.\n\n","sortOrder":121},{"sectionNumber":"85","sectionType":"section","heading":"Responding to recommendations","content":"85 Responding to recommendations\n(1) An entity commits an offence if—\n(a) a final report, a third-party report or commission-initiated report\nrecommends that an entity take action within a stated time; and\n(b) the entity has been given a copy of the report; and\n(c) the entity fails to tell the commission in writing about the action\nthe entity has taken in relation to the recommendation within 45\ndays after the later of the following:\n(i) the end of the stated time or any further period allowed by\nthe commission;\n(ii) 3 weeks after the day the entity is given the report.\n(2) However, subsection (1) does not apply to an entity that is a justice\nagency if the report is in relation to a victims rights complaint.\n(3) An offence against this section is a strict liability offence.\n(4) The commission may extend, by no longer than 15 days, the period\nof 45 days mentioned in subsection (1) if, before the end of the period,\nthe entity asks the commission in writing to extend the period.\nNote If the entity has not complied with the recommendation, the commission\nmay be able to make a third-party report or publish the entity’s name etc\nunder s 86.\ncommission-initiated report—see section 84 (1).\n","sortOrder":122},{"sectionNumber":"86","sectionType":"section","heading":"Publication of name and details of non-complying entity","content":"86 Publication of name and details of non-complying entity\n(1) For this section, an entity is a non-complying entity if—\n(a) a final report or third-party report recommends that the entity do\nsomething within, or stop doing something by, a stated time; and\n\n(b) the entity has been given a copy of the report; and\n(c) the entity has not done the thing, or stopped doing the thing, by\nthe end of the time.\n(2) An entity is also a non-complying entity if—\n(a) the commission has required the entity under this Act to provide\ninformation, produce a document or thing or attend to answer\nquestions; and\n(b) the entity has not complied with the requirement.\n(3) The commission may do either or both of the following in relation to\nthe non-complying entity’s name and details of the entity’s failure\nmentioned in subsection (1) or (2):\n(a) publish them;\n(b) report them to the Minister.\nExamples of where name and details may be published for par (a)\n1 on the commission website\n2 in a newspaper\n3 in the commission’s annual report\n(4) However, the commission must not publish or report under\nsubsection (3) unless—\n(a) the commission has given the entity a written notice that—\n(i) gives details of the entity’s failure to which the notice\nrelates; and\n(ii) explains that the commission proposes to publish under\nsubsection (3) the entity’s name and details of the entity’s\nfailure; and\n(iii) invites submissions about the proposed publication within\nthe time stated in the notice (not less than 2 weeks after the\nday the entity is given the notice); and\n(b) the time stated in the notice has ended; and\n\n(c) the commission has considered any submission made by the\nentity within the time and is satisfied that it is in the public\ninterest to publish the entity’s name and details of the entity’s\nfailure.\n(5) To remove any doubt, if the commission reports to the Minister under\nsubsection (3), the Minister may, but need not, present the report to\nthe Legislative Assembly.\n","sortOrder":123},{"sectionNumber":"86A","sectionType":"section","heading":"Publication of information in relation to human rights","content":"86A Publication of information in relation to human rights\ncomplaints\n(1) The commission may publish information about a human rights\ncomplaint that the commission has closed.\n(2) The publication—\n(a) may include the substance of the complaint; and\n(b) may draw on information about the complaint contained in a\nfinal report; and\n(c) must not include personal information about an individual\nunless the information has been previously published or the\nindividual consents to the information being published.\n","sortOrder":124},{"sectionNumber":"87","sectionType":"section","heading":"Reporting to Minister","content":"87 Reporting to Minister\n(1) The commission may, on its own initiative, give the Minister a written\nreport about any matter of public importance related to the\ncommission, the commission’s functions or a matter that may be\ncomplained about under this Act.\nNote The Minister may direct the commission to report under s 17.\n(2) If the commission gives the Minister a report mentioned in\nsubsection (1) or a third-party report, the Minister must present the\nreport to the Legislative Assembly within 6 sitting days after the day\nthe Minister receives the report.\n\n","sortOrder":125},{"sectionNumber":"88","sectionType":"section","heading":"Discrimination referral statements","content":"88 Discrimination referral statements\nA discrimination referral statement is a statement in a notice in\nrelation to a complaint to the effect that—\nunder section 53B (Late application in exceptional\ncircumstances) for the complaint to be heard.\nasks it to refer the complaint within the 60-day period (see s 53A).\n","sortOrder":126},{"sectionNumber":"88A","sectionType":"section","heading":"Retirement village referral statements","content":"88A Retirement village referral statements\nA retirement village referral statement is a statement in a notice in\nrelation to a retirement village complaint to the effect that—\nunder section 53I (Retirement village complaints—late\nasks it to refer the complaint within the 60-day period (see s 53H).\n\n","sortOrder":127},{"sectionNumber":"88B","sectionType":"section","heading":"Occupancy dispute referral statements","content":"88B Occupancy dispute referral statements\nAn occupancy dispute referral statement is a statement in a notice in\nrelation to an occupancy dispute complaint to the effect that—\nunder section 53S (Occupancy dispute complaints—late\nNote The commission must refer the complaint to the ACAT if the\ncomplainant asks it to refer the complaint within the 60-day period\n(see s 53R).\n","sortOrder":128},{"sectionNumber":"88C","sectionType":"section","heading":"Conversion practice referral statements","content":"88C Conversion practice referral statements\nA conversion practice referral statement is a statement in a notice in\nrelation to a conversion practice complaint to the effect that—\nunder section 53ZB (Conversion practice complaints—late\nasks it to refer the complaint within the 60-day period (see s 53ZA).\n\nDivision 5.1 Health code of health rights and responsibilities\nPart 5 Additional matters for health\nservice complaints\nDivision 5.1 Health code of health rights and\nresponsibilities\n89 Approval of health code\n(1) The Minister may approve a code (the health code) of health rights\nand responsibilities.\n(2) An approved code is a disallowable instrument.\n","sortOrder":129},{"sectionNumber":"90","sectionType":"section","heading":"Contents of health code","content":"90 Contents of health code\n(1) The health code—\n(a) must deal with the implementation of the health provision\nprinciples; and\n(b) may deal with anything else relevant to the provision or use of a\nhealth provision principles means the following principles:\n(a) a person is entitled to receive appropriate health services of a\nhigh standard;\n(b) a person is entitled to be informed and educated about health\nmatters, and available health services, that may be relevant to\nthe person;\n(c) a person who can take part effectively in the making of a\ndecision dealing with the person’s health is entitled to do so;\n(d) a person is entitled to be provided with health services in a\nconsiderate way that takes into account his or her background,\nneeds and wishes;\n\nRelationship between commission, health profession boards and\n","sortOrder":130},{"sectionNumber":"Div 5","sectionType":"division","heading":"2","content":"Division 5.2\n(e) a provider, or person who provides care for a consumer, should\nbe given consideration and recognition for the provider’s, or\nperson’s, contribution to health care;\n(f) the confidentiality of information about a person’s health should\nbe preserved;\n(g) a person is entitled to reasonable access to information about a\nperson’s health;\n(h) a person is entitled to reasonable access to procedures for\ndealing with grievances about the provision of health services.\nDivision 5.2 Relationship between commission,\nhealth profession boards and\n","sortOrder":131},{"sectionNumber":"91","sectionType":"section","heading":"Meaning of registered health practitioner and registered","content":"91 Meaning of registered health practitioner and registered\nveterinary practitioner—div 5.2\nregistered health practitioner, in relation to a complaint, includes a\nhealth practitioner who was registered at the time the matter\ncomplained about happened or failed to happen.\nregistered veterinary practitioner, in relation to a complaint, includes\na veterinary practitioner who was registered at the time the matter\ncomplained about happened or failed to happen.\n","sortOrder":132},{"sectionNumber":"92","sectionType":"section","heading":"Referral of complaints to boards","content":"92 Referral of complaints to boards\n(a) the commission receives a complaint about a registered health\npractitioner or veterinary practitioner; or\n(b) as part of a complaint about a service—the commission\nconsiders the behaviour of a registered health practitioner or\nveterinary practitioner.\n\nDivision 5.2 Relationship between commission, health profession boards and\n(2) The commission must give the relevant board a copy of—\n(a) the complaint; and\n(b) all documents it has or gets relating to the complaint.\n(3) To remove any doubt, the referral of a complaint to a board does not\nprevent the commission from considering the complaint.\n","sortOrder":133},{"sectionNumber":"93","sectionType":"section","heading":"Complaints referred to veterinary practitioners board","content":"93 Complaints referred to veterinary practitioners board\nIf a relevant board receives a complaint in relation to a registered\nhealth practitioner or veterinary practitioner from the commission, the\nboard must tell the commission, in writing—\n(a) whether or not the board intends to take action in relation to the\nhealth practitioner or veterinary practitioner; and\n(b) if the board intends to take action in relation to the health\npractitioner or veterinary practitioner—what action it proposes\nto take.\nNote The Veterinary Practice Act 2018, pt 5 provides for joint consideration\nof complaints or occupational discipline matters for veterinary\npractitioners.\n","sortOrder":134},{"sectionNumber":"94","sectionType":"section","heading":"Consideration of complaints","content":"94 Consideration of complaints\n(1) The commission may consider a complaint about a health practitioner\nor a veterinary practitioner.\n(2) The consideration must be a commission-initiated consideration.\n(3) The relevant board must be kept informed about the consideration as\nif the board were the complainant.\nThe commission must give the relevant board a final report.\n(4) The commission may give the relevant board any information,\ndocuments or other things the commission has in relation to the\n\n","sortOrder":135},{"sectionNumber":"94A","sectionType":"section","heading":"Definitions—div 5.3","content":"94A Definitions—div 5.3\ncode of conduct means the health care worker code of conduct\nprescribed under section 94C.\ncomplaint means a complaint made under section 39 (1) (b) (iii) that\na health care worker acted inconsistently with the code of conduct.\ncorresponding law means a law, or part of a law, of a State that is—\n(a) about the conduct required of a health care worker; and\n(b) prescribed by regulation as a corresponding law for this division.\nfinal order—see section 94H (1).\nhealth care worker—see section 94B.\ninterim order—see section 94G (1).\nprohibition or condition order, for a health care worker, means an\norder made by the commission, in writing, to do any of the following:\n(a) prohibit the health care worker from providing a health service;\n(b) prohibit the health care worker from offering, advertising or\notherwise promoting a health service (including a health service\nprovided by another person);\n(c) prohibit the health care worker from holding themselves out or\notherwise promoting themselves as a provider of a health\nservice;\n(d) prohibit the health care worker from providing advice in relation\nto the provision of a health service (including a health service\nprovided by another person);\n\n(e) place a condition on the provision of a health service by the\nhealth care worker.\npublic servant complaint—see section 94D (1).\npublic service entity means either of the following:\n(a) the public service;\n(b) a statutory office-holder.\npublic statement means a public statement made by the commission\nunder section 94I.\nregister means the register of prohibition or condition orders under\nsection 94Q.\nrelevant professional body, for a health care worker, means a\nprofessional body—\n(a) of which the health care worker is, or is eligible to be, a member;\nor\n(b) that has members who provide the health service provided by\nthe health care worker; or\n(c) that the commission is satisfied on reasonable grounds is\nrelevant to the health care worker and the health service\nprovided by the health care worker.\n","sortOrder":136},{"sectionNumber":"94B","sectionType":"section","heading":"Meaning of health care worker—div 5.3","content":"94B Meaning of health care worker—div 5.3\n(1) In this division:\nhealth care worker—\n(a) means an individual who provides a health service to another\nindividual; but\n(b) does not include an individual to the extent that the individual\nprovides the health service—\n(i) as a health practitioner; or\n\n(ii) as a registered teacher carrying out teaching duties.\nregistered teacher—see the ACT Teacher Quality Institute Act 2010,\ndictionary.\nteaching—see the ACT Teacher Quality Institute Act 2010, section 8.\n","sortOrder":137},{"sectionNumber":"94C","sectionType":"section","heading":"Code of conduct may be prescribed","content":"94C Code of conduct may be prescribed\nA regulation may prescribe a code of conduct in relation to the\nprovision of a health service by a health care worker.\n","sortOrder":138},{"sectionNumber":"94D","sectionType":"section","heading":"Code of conduct breach by public servants","content":"94D Code of conduct breach by public servants\n(1) This section applies to a complaint made to the commission about a\npublic servant acting inconsistently with the code of conduct in\nrelation to the provision of a health service to another individual as\npart of their employment as a public servant (a public servant\ncomplaint).\n(2) The Executive may determine a process the commission and relevant\npublic service entities must follow in dealing with public servant\ncomplaints.\n(3) Before determining a process, the Executive must consult the\ncommission.\n(4) The Executive must be reasonably satisfied that a process determined\nunder subsection (2) gives a health care worker who is the subject of\na public servant complaint no less protection than that given to a\nhealth care worker who is the subject of a prohibition or condition\norder, or public statement, to which section 94F applies.\n(5) A process may include provision for the following:\n(a) the sharing of information mentioned in section 94E (1) about a\npublic servant complaint with the relevant public service entity;\n\n(b) who the relevant public service entity is for a particular\ncomplaint;\n(c) the commission and the public sector standards commissioner to\nestablish a relationship protocol to help ensure public servant\ncomplaints are dealt with promptly and efficiently;\n(d) the commission not to make a final prohibition or condition\norder in relation to a public servant complaint while a\nmisconduct procedure is being conducted, without the\nagreement of the public sector standards commissioner;\n(e) the commission to be able to extend the period an interim order\nis in force while a misconduct procedure is conducted.\n(6) A process is a disallowable instrument.\n(7) In this section:\nmisconduct procedure means a misconduct procedure under the\nPublic Sector Management Act 1994 or an enterprise agreement\napproved under the Fair Work Act 2009 (Cwlth).\n","sortOrder":139},{"sectionNumber":"94E","sectionType":"section","heading":"Code of conduct breach by public servants—information","content":"94E Code of conduct breach by public servants—information\nsharing\n(1) The commission may disclose any information that has been\ndisclosed to, or obtained by, the commission in the consideration of a\npublic servant complaint to an information sharing entity if the\ncommission considers that—\n(a) the information is relevant to the exercise of the information\nsharing entity’s functions; and\n(b) the disclosure of the information to the information sharing\nentity is appropriate.\n\n(2) An information sharing entity may disclose any information held by\nthe entity to the commission if the entity considers that—\n(a) the information is relevant to the commission’s consideration of\na public servant complaint; and\n(b) the disclosure of the information to the commission is\nappropriate.\nhead, of a public service entity, means—\n(a) for the public service—the head of service; and\n(b) for an administrative unit—the director-general of the\nadministrative unit; and\n(c) for a statutory office-holder—the statutory office-holder.\ninformation sharing entity means either of the following:\n(a) the public sector standards commissioner;\n(b) the head of a public service entity.\n","sortOrder":140},{"sectionNumber":"94F","sectionType":"section","heading":"Principles for making prohibition or condition order or","content":"94F Principles for making prohibition or condition order or\nIn making a prohibition or condition order or public statement, the\ncommission—\n(a) must act with as little formality as reasonably practicable; and\n(b) is bound by the rules of natural justice; and\n(c) is not bound by the rules of evidence; and\n(d) before making a decision affecting a person, must give the\nperson an opportunity to make submissions to the commission\nabout the decision.\nNote The commission must deal with complaints promptly and efficiently (see\ns 45).\n\n","sortOrder":141},{"sectionNumber":"94G","sectionType":"section","heading":"Interim prohibition or condition order","content":"94G Interim prohibition or condition order\n(1) The commission may make a prohibition or condition order in\nrelation to a health care worker for a stated period of not more than\n8 weeks (an interim order) if the commission—\n(a) is considering a complaint in relation to the health care worker;\nand\n(b) believes on reasonable grounds that—\n(i) the health care worker acted inconsistently with the code\nof conduct; and\n(ii) there would be a serious risk to the health or safety of the\npublic if the health care worker continued to provide a\n(2) The period of the interim order must not be longer than the period\nreasonably required for the commission to decide if a final prohibition\nor condition order is required.\n(3) For a public servant complaint, the period of an interim order may be\naffected by the process determined under section 94D.\n(4) As soon as practicable after making an interim order, the commission\nmust give a copy of the order to the health care worker.\nNote The commission must also give the health care worker a statement of\nreasons (see s 94J).\n(5) The commission may give a copy of an interim order to—\n(a) any relevant professional body for the health care worker; and\nExamples—par (b)\n• the health care worker’s employer\n• a related health service provider\n• a client\n\n","sortOrder":142},{"sectionNumber":"94H","sectionType":"section","heading":"Final prohibition or condition order","content":"94H Final prohibition or condition order\n(1) The commission may make a prohibition or condition order in\nrelation to a health care worker for a stated period, including a\npermanent order, (a final order) if—\n(a) the commission is satisfied on reasonable grounds that there\nwould be a serious risk to the health or safety of the public if the\nhealth care worker continued to provide a health service; and\n(b) either of the following apply:\n(i) the commission—\n(A) has considered a complaint in relation to the health\ncare worker; and\n(B) is satisfied on reasonable grounds that the health care\nworker acted inconsistently with the code of conduct;\n(ii) the health care worker is convicted of an offence under any\nof the following in relation to a health service provided by\nthe health care worker:\n(A) the Competition and Consumer Act 2010 (Cwlth);\n(B) the Fair Trading (Australian Consumer Law)\nAct 1992;\n(C) the Health Act 1993, section 127 (Provision of\nregulated health service by person not health\npractitioner);\n(D) the Health Practitioner Regulation National Law\n(ACT), part 7, division 10;\n(E) the Public Health Act 1997.\n(2) The period of the final order must not be longer than the period\nreasonably required to protect the health or safety of the public.\n\n(3) However, if the health care worker is a health practitioner, the\ncommission must not make a final order without—\n(a) giving the relevant board for the health practitioner a reasonable\nopportunity to respond to the proposed order; and\n(b) considering the response (if any).\n(4) As soon as practicable after making a final order, the commission\nmust give a copy of the order to the health care worker.\nNote The commission must also give the health care worker a statement of\nreasons (see s 94J).\n(5) The commission may give a copy of a final order to—\n(a) any relevant professional body for the health care worker; or\n","sortOrder":143},{"sectionNumber":"94I","sectionType":"section","heading":"Public statement about health care worker or health","content":"94I Public statement about health care worker or health\nservice\n(1) The commission may make a public statement in relation to a health\ncare worker if the commission believes on reasonable grounds that\nthere is a serious risk to the health or safety of the public in relation\nto—\n(a) a health service provided or offered by the health care worker;\nor\n(b) the health care worker being convicted of an offence under any\nof the following in relation to a health service provided by the\nhealth care worker:\n(i) the Competition and Consumer Act 2010 (Cwlth);\n(ii) the Fair Trading (Australian Consumer Law) Act 1992;\n(iii) the Health Act 1993, section 127 (Provision of regulated\nhealth service by person not health practitioner);\n\n(iv) the Health Practitioner Regulation National Law (ACT),\npart 7, division 10;\n(v) the Public Health Act 1997.\n(2) The commission may make a public statement in relation to a health\nservice if the commission believes on reasonable grounds that there\nis a serious risk to the health or safety of the public arising from the\n(3) A public statement may be made in any form.\n(4) A public statement made in relation to a health care worker may\ninclude any of the following:\n(a) the identity of the health care worker;\n(b) information, including a warning, about—\n(i) the health care worker; or\n(ii) the health service provided by the health care worker;\n(c) if the health care worker provides the health service in\nconnection with a provider—\n(i) the identity of the provider; and\n(ii) information, including a warning, about the provider;\n(d) information contained in a final order made in relation to the\nhealth care worker.\n(5) A public statement made in relation to a health service may contain\ninformation, including a warning, about the health service generally.\n(6) The commission—\n(a) may vary or withdraw a public statement; and\n(b) if a statement is varied or withdrawn—must set out the reason\nfor the variation or withdrawal in the same form as the statement\nwas made.\n\n","sortOrder":144},{"sectionNumber":"94J","sectionType":"section","heading":"Statement of reasons for prohibition or condition order or","content":"94J Statement of reasons for prohibition or condition order or\n(1) If the commission makes a prohibition or condition order or a public\nstatement in relation to a health care worker, the commission must\ngive a statement of reasons for making the order or statement to—\n(a) the health care worker; and\n(b) for a final order or a public statement made in relation to a\ncomplaint made about the health care worker—the complainant.\nNote For what must be included in a statement of reasons, see the Legislation\nAct, s 179.\n(2) The commission may also do 1 or more of the following:\n(a) make the statement of reasons publicly available;\n(b) give a copy of the statement to any relevant professional body\nfor the health care worker;\n(c) give a copy of the statement to another person if satisfied on\nreasonable grounds it is in the interest of the health or safety of\nthe public to do so.\n(3) Before giving the statement of reasons to a person or making it\npublicly available, the commission may remove confidential\ninformation from the statement if the commission sets out in the\nstatement—\n(a) that information was removed because it was confidential; and\n(b) the nature of the information that was removed.\n(4) This section does not affect the power of a court to make an order for\nthe discovery of a document or to require the giving of evidence or\nthe production of documents to a court.\n\nconfidential information, in relation to a statement of reasons, means\ninformation—\n(a) that is not publicly available when the statement is made; and\n(b) that is about the personal or business affairs of a person other\nthan the person who is given the statement; and\n(c) where 1 or more of the following apply:\n(i) the information was given to the commission in\nconfidence;\n(ii) publishing the information would reveal a trade secret;\n(iii) the information was provided in compliance with a duty\nimposed under an Act;\n(iv) the commission would breach a law by providing the\ninformation.\n","sortOrder":145},{"sectionNumber":"94K","sectionType":"section","heading":"Correction of public statement","content":"94K Correction of public statement\n(1) This section applies if the commission becomes aware a public\nstatement is incorrect in a material way.\n(2) The commission must make a statement setting out the correct\ninformation or withdraw the public statement.\nNote If a statement is changed or withdrawn, the commission must set out the\nreason for the change or withdrawal in the same form as the statement\nwas made (see s 94I (6)).\n","sortOrder":146},{"sectionNumber":"94L","sectionType":"section","heading":"Variation of prohibition or condition order","content":"94L Variation of prohibition or condition order\n(1) A health care worker may, in writing, ask the commission to vary a\nprohibition or condition order made in relation to the health care\nworker if there has been a material change in a matter giving rise to\nthe making of the order.\n\n(2) The commission must, on application or on its own initiative, vary an\norder if the commission is satisfied—\n(a) a prohibition or condition in the order is no longer required to\nprotect the health or safety of the public; or\n(b) a prohibition or condition in the order is more restrictive than\nwhat is reasonably required to protect the health or safety of the\npublic; or\n(c) the period of the order is longer than the period reasonably\nrequired to protect the health or safety of the public.\n(3) However, if the health care worker is a health practitioner, the\ncommission must not vary an order without—\n(a) giving the relevant board for the health practitioner a reasonable\nopportunity to respond to the proposed order; and\n(b) considering the response (if any).\n(4) As soon as practicable after varying an order, the commission must\ngive a copy of the varied order to the health care worker.\n(5) The commission may give a copy of a varied order to—\n(a) any relevant professional body for the health care worker; or\n(6) If an order is varied, the commission must include on the register the\nreason for the variation.\n","sortOrder":147},{"sectionNumber":"94M","sectionType":"section","heading":"Cancellation of prohibition or condition order","content":"94M Cancellation of prohibition or condition order\n(1) A health care worker may, in writing, ask the commission to cancel a\nprohibition or condition order made in relation to the health care\nworker if there has been a material change in a matter giving rise to\nthe making of the order.\n\n(2) The commission must, on application or on its own initiative, cancel\nan order if the commission is satisfied the order is no longer required\nto protect the health or safety of the public.\n(3) As soon as practicable after cancelling an order, the commission must\ntell the following, in writing, the order is cancelled:\n(a) the health care worker;\n(b) any relevant professional body for the health care worker;\n(c) another person if satisfied on reasonable grounds that it is\nappropriate to do so.\n(4) If an order is cancelled, the commission must include on the register\nthe reason for the cancellation.\n","sortOrder":148},{"sectionNumber":"94N","sectionType":"section","heading":"Health care worker must give notice of registration as","content":"94N Health care worker must give notice of registration as\nhealth practitioner\n(a) a prohibition or condition order has been made in relation to a\nperson who is a health care worker; and\n(b) during the period of the order, the person becomes registered\nunder the Health Practitioner Regulation National Law (ACT)\nto practise in a health profession.\n(2) The person must give the commission written notice of the\nregistration as soon as practicable after being registered.\n(3) The commission may exchange information with the relevant board\nfor the health profession in which the person has been registered\nabout—\n(a) the person’s compliance with the code of conduct; and\n(b) any action taken in relation to the person for acting\ninconsistently with the code of conduct.\n\n","sortOrder":149},{"sectionNumber":"94O","sectionType":"section","heading":"Non-compliance with prohibition or condition order","content":"94O Non-compliance with prohibition or condition order\nA person commits an offence if—\n(a) the person is a health care worker; and\n(b) a prohibition or condition order has been made in relation to the\nperson; and\n(c) the person has been given a copy of the prohibition or condition\norder; and\n(d) the person contravenes the order.\nMaximum penalty: 100 penalty units, imprisonment for 12 months,\nor both.\n","sortOrder":150},{"sectionNumber":"94P","sectionType":"section","heading":"Non-compliance with corresponding prohibition or","content":"94P Non-compliance with corresponding prohibition or\ncondition order\n(1) A person commits an offence if—\n(a) the person is a health care worker; and\n(b) a corresponding prohibition or condition order is in force in\nrelation to the person in a State; and\n(c) the person provides a health service in the ACT that would\ncontravene the order if it were in force in the ACT.\nMaximum penalty: 100 penalty units, imprisonment for 12 months,\nor both.\ncorresponding prohibition or condition order means an order made\nunder a corresponding law that—\n(a) corresponds, or substantially corresponds, to a prohibition or\ncondition order made under this division; and\n\nNotification and review of decisions Division 5.4\n(b) is prescribed by regulation as a corresponding prohibition or\ncondition order for this division.\n","sortOrder":151},{"sectionNumber":"94Q","sectionType":"section","heading":"Commission to keep register","content":"94Q Commission to keep register\nThe commission must—\n(a) keep a register of prohibition or condition orders made; and\n(b) ensure that current prohibition or condition orders are accessible\nat all times free of charge on a website approved by the\ncommission.\n","sortOrder":152},{"sectionNumber":"94R","sectionType":"section","heading":"Exchange of information","content":"94R Exchange of information\nThe commission may exchange information with an entity\nresponsible for administering or upholding a corresponding law about\n(a) a health care worker’s compliance with the code of conduct or a\ncorresponding law;\n(b) action taken in relation to a health care worker for acting\ninconsistently with the code of conduct or a corresponding law.\n","sortOrder":153},{"sectionNumber":"94S","sectionType":"section","heading":"Meaning of reviewable decision––div 5.4","content":"94S Meaning of reviewable decision––div 5.4\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n\n","sortOrder":154},{"sectionNumber":"94T","sectionType":"section","heading":"Reviewable decision notices","content":"94T Reviewable decision notices\nIf the commission makes a reviewable decision, the commission must\ngive a reviewable decision notice to each entity mentioned in\nschedule 1, column 4 in relation to the decision.\nNote The commission must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":155},{"sectionNumber":"94U","sectionType":"section","heading":"Applications for review","content":"94U Applications for review\nAn entity mentioned in schedule 1, column 4 in relation to a\nreviewable decision may apply to the ACAT for a review of the\ndecision.\n\nChild safe standards Part 5A\n","sortOrder":156},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Child safe standards","content":"Part 5A Child safe standards\n","sortOrder":157},{"sectionNumber":"94V","sectionType":"section","heading":"Child safe standards","content":"94V Child safe standards\nA regulation may prescribe standards (the child safe standards) in\nrelation to the provision of a service by providers of services for\nchildren and young people.\n","sortOrder":158},{"sectionNumber":"94W","sectionType":"section","heading":"Implementing child safe standards","content":"94W Implementing child safe standards\nA provider of a service for children and young people must\nimplement the child safe standards.\n","sortOrder":159},{"sectionNumber":"94X","sectionType":"section","heading":"Review of child safe standards","content":"94X Review of child safe standards\n(1) The Minister must review the operation of this part as soon as\npracticable after the end of its 5th year of operation.\n(2) The Minister must present a report of the review to the Legislative\nAssembly within 12 months after the day the review is started.\n(3) This section expires 7 years after the day it commences.\n\n","sortOrder":160},{"sectionNumber":"95","sectionType":"section","heading":"Information about complaints","content":"95 Information about complaints\n(1) This section applies to the following services:\n(a) a disability service;\n(b) a health service;\n(c) a service for children and young people;\n(d) a service for older people.\n(2) If the service is provided at premises, the provider must provide\ninformation in a prominent position at the premises to service\nconsumers about their right to make complaints under this Act and\nthe Health Practitioner Regulation National Law (ACT) and how\nfeedback may be given to the service provider.\nExamples of providing information\n1 a notice on the wall or a pamphlet in the waiting room\n2 for a service provided at a person’s home—giving the person a pamphlet\n(3) A service provider commits an offence if the provider fails to comply\nwith subsection (2).\nMaximum penalty: 5 penalty units.\n(4) An offence against subsection (3) is a strict liability offence.\n","sortOrder":161},{"sectionNumber":"96","sectionType":"section","heading":"Inspection of incorporated documents","content":"96 Inspection of incorporated documents\n(1) This section applies to an incorporated document, or an amendment\nor replacement of an incorporated document.\nNote For the meaning of incorporated document, see the dictionary.\n\n(2) The director-general must ensure that the document, amendment or\nreplacement is made available for inspection free of charge to the\npublic on business days at reasonable times at the office of the\ncommission or an administrative unit administered by the\ndirector-general.\namendment, of an incorporated document—see section 97 (6).\n","sortOrder":162},{"sectionNumber":"97","sectionType":"section","heading":"Notification of certain incorporated documents","content":"97 Notification of certain incorporated documents\n(1) This section applies to—\n(a) an incorporated document; or\n(b) an amendment of, or replacement for, an incorporated\ndocument.\nExample of replacement document\na new edition of the incorporated document\nNote For the meaning of incorporated document, see the dictionary.\n(2) The director-general may prepare a written notice (an incorporated\ndocument notice) for the incorporated document, amendment or\nreplacement that contains the following information:\n(a) for an incorporated document—details of the document,\nincluding its title, author and date of publication;\n(b) for a replacement of an incorporated document—details of the\nreplacement, including its title, author and date of publication;\n(c) for an amendment of an incorporated document—the date of\npublication of the amendment (or of the document as amended)\nand a brief summary of the effect of the amendment;\n\n(d) for an incorporated document or any amendment or\nreplacement—\n(i) a date of effect (no earlier than the day after the day of\nnotification of the notice); and\n(ii) details of how access to inspect the document, amendment\nor replacement may be obtained under section 96\n(Inspection of incorporated documents); and\n(iii) details of how copies may be obtained, including an\nindication of whether there is a cost involved.\n(3) An incorporated document notice is a notifiable instrument.\n(4) An incorporated document, and any amendment or replacement of an\nincorporated document, has no effect under this Act unless—\n(a) an incorporated document notice is notified in relation to the\ndocument, amendment or replacement; or\n(b) the document, amendment or replacement is notified under the\nLegislation Act, section 47 (6).\n(5) The Legislation Act, section 47 (7) does not apply in relation to\nincorporated documents.\n(6) In this section:\namendment, of an incorporated document, includes an amendment of\na replacement for the incorporated document.\nreplacement, for an incorporated document, means—\n(a) a document that replaces the incorporated document; or\n(b) a document (an initial replacement) that replaces a document\nmentioned in paragraph (a); or\n(c) a document (a further replacement) that replaces an initial\nreplacement or any further replacement.\n\n","sortOrder":163},{"sectionNumber":"98","sectionType":"section","heading":"Victimisation etc","content":"98 Victimisation etc\n(1) A person (the first person) commits an offence if the first person\ncauses or threatens to cause a detriment to someone else (the other\nperson) because—\n(a) the other person has—\n(i) made or amended a complaint under this Act; or\n(ii) given information or produced a document or other thing\nto a person exercising a function under this Act or a rights\nAct; or\n(iii) given information, produced a document or other thing or\nanswered a question as required under this Act; or\n(b) the first person believes that the other person intends to do\nsomething mentioned in paragraph (a).\n(2) A person commits an offence if the person threatens or intimidates\nsomeone else with the intention of causing the other person—\n(a) not to make a complaint under this Act; or\n(b) to amend, or not to amend, a complaint made under this Act; or\n(c) to withdraw a complaint made under this Act.\n","sortOrder":164},{"sectionNumber":"99","sectionType":"section","heading":"Secrecy","content":"99 Secrecy\n(1) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes communicate.\n\nperson to whom this section applies means a person who—\n(a) is or has been—\n(i) a commissioner; or\n(ii) a person present at conciliation; or\n(iii) a member of the staff of the commission; or\n(b) exercises, or has exercised, a function under this Act.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\n(2) A person to whom this section applies commits an offence if—\n(a) the person—\n(i) makes a record of protected information about someone\nelse; and\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n(b) the person—\n(i) does something that divulges protected information about\nsomeone else; and\n(ii) is reckless about whether—\n(A) the information is protected information about\nsomeone else; and\n(B) doing the thing would result in the information being\ndivulged to someone else.\n\n(3) Subsection (2) does not apply if the record is made, or the information\nis divulged—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law.\n(4) Subsection (2) does not apply to the divulging of protected\ninformation about someone with the person’s consent.\n(5) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother territory law.\n(6) A person to whom this section applies does not commit an offence\nunder subsection (2) only because the person discloses information in\nrelation to a discrimination complaint if—\n(a) the person discloses the information in exercising a function\nunder this Act in relation to education or research; and\n(b) all relevant parties consent to the information being disclosed.\n","sortOrder":165},{"sectionNumber":"99A","sectionType":"section","heading":"Information sharing between commissioners","content":"99A Information sharing between commissioners\n(1) A commissioner (an information giver) may give statutory\noffice-holder information to another commissioner (an information\nrecipient), and an information recipient may use the information, if\nthe information is necessary for the effective exercise of a function\nunder this Act.\n(2) If an information recipient uses statutory office-holder information\ngiven to them under subsection (1)—\n(a) a secrecy requirement is taken to apply to the information\nrecipient in relation to the information; and\n(b) the information recipient is taken to be a person engaged in the\nadministration of the law that contains the secrecy requirement.\n\nsecrecy requirement means a prohibition on the disclosure of\ninformation that applies to an information giver in relation to\nstatutory office-holder information, whether the prohibition is\nabsolute or subject to stated exceptions or qualifications.\nstatutory office-holder information means information received by a\ncommissioner in their capacity as an individual statutory\noffice-holder under a territory law or a law of the Commonwealth or\na State.\n","sortOrder":166},{"sectionNumber":"99B","sectionType":"section","heading":"Information sharing with Aboriginal and Torres Strait","content":"99B Information sharing with Aboriginal and Torres Strait\nIslander children and young people commissioner\n(1) A commissioner may disclose to the Aboriginal and Torres Strait\nIslander children and young people commissioner any information\nthat has been disclosed to, or obtained by, the commissioner in the\nexercise of a function under this Act, if—\n(a) the commissioner is reasonably satisfied that the information is\nrelevant to the exercise of the Aboriginal and Torres Strait\nIslander children and young people commissioner’s functions\nunder the Aboriginal and Torres Strait Islander Children and\nYoung People Commissioner Act 2022; and\n(b) if the information is personal information about an individual—\nthe individual has given consent.\n\n(2) However, the commissioner may disclose personal information about\nan individual to the Aboriginal and Torres Strait Islander children and\nyoung people commissioner without the individual’s consent if the\ncommissioner believes on reasonable grounds that the disclosure is\nnecessary to ensure that—\n(a) the commissioner and the Aboriginal and Torres Strait Islander\nchildren and young people commissioner are able to take a\ncoordinated approach in relation to a matter affecting an\nAboriginal or Torres Strait Islander child or young person; or\n(b) effective advocacy is able to be undertaken for an Aboriginal or\nTorres Strait Islander child or young person.\n(3) If the Aboriginal and Torres Strait Islander children and young people\ncommissioner uses information disclosed to the commissioner under\nthis section—\n(a) a secrecy requirement is taken to apply to the commissioner in\nrelation to the information; and\n(b) the commissioner is taken to be a person engaged in the\nadministration of the provision that contains the secrecy\nrequirement.\n(4) This section applies despite any other territory law.\nsecrecy requirement means a prohibition on the disclosure of\ninformation that applies to a commissioner in relation to information\ndisclosed to the Aboriginal and Torres Strait Islander children and\nyoung people commissioner, whether the prohibition is absolute or\nsubject to stated exceptions or qualifications.\n\n","sortOrder":167},{"sectionNumber":"99C","sectionType":"section","heading":"Cooperation with Aboriginal and Torres Strait Islander","content":"99C Cooperation with Aboriginal and Torres Strait Islander\nchildren and young people commissioner’s office\n(1) The human rights commission should seek to work cooperatively\nwith the Aboriginal and Torres Strait Islander children and young\npeople commissioner’s office where practicable by, for example,\nliaising with the commissioner’s office about coordinating the human\nrights commission’s activities with the Aboriginal and Torres Strait\nIslander children and young people commissioner’s activities to\navoid unnecessary duplication of work.\nAboriginal and Torres Strait Islander children and young people\ncommissioner’s office means the Aboriginal and Torres Strait\nIslander Children and Young People Commissioner’s office\nestablished under the Aboriginal and Torres Strait Islander Children\nand Young People Commissioner Act 2022, section 8.\n","sortOrder":168},{"sectionNumber":"100","sectionType":"section","heading":"Protection of officials from liability","content":"100 Protection of officials from liability\n(1) In this section:\nofficial means—\n(a) a commissioner; or\n(b) a member of staff of the commission; or\n(c) a person who exercises a function under this Act.\n(2) An official, or anyone engaging in conduct under the direction of an\nofficial, is not personally liable for anything done or omitted to be\ndone honestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n\n(3) Any civil liability that would, apart from subsection (2), attach to an\nofficial attaches instead to the Territory.\n","sortOrder":169},{"sectionNumber":"100A","sectionType":"section","heading":"Protection of others from liability","content":"100A Protection of others from liability\n(1) Civil or criminal liability is not incurred only because of any of the\nfollowing done honestly and without recklessness:\n(a) the making or amendment of a complaint;\n(b) the making of a statement, or the giving of a document or\ninformation, as required or permitted under a territory law, to a\ncommissioner or a member of staff of the commission.\n(2) Also, any information, given honestly and without recklessness, to a\ncommissioner or a member of staff of the commission is not—\n(a) a breach of confidence; or\n(b) a breach of professional etiquette or ethics; or\n(c) a breach of a rule of professional conduct.\n","sortOrder":170},{"sectionNumber":"100B","sectionType":"section","heading":"Independence of DPP","content":"100B Independence of DPP\n(1) The director of public prosecutions need not comply with a provision\nof this Act that relates to a victims rights complaint if the director\nconsiders that compliance would prejudice—\n(a) the independence of the director of public prosecutions; or\n(b) the prosecution of an offence.\n(2) If the director of public prosecutions does not comply with a\nprovision of this Act, the director must tell the commission—\n(a) that the director has not complied with a provision of the Act;\nand\n(b) the provision not complied with; and\n(c) the reason for not complying.\n\n(3) The director of public prosecutions must include in the director’s\nannual report under the Annual Reports (Government Agencies)\nAct 2004 the information mentioned in subsection (2) for each\noccasion on which the director does not comply with a provision of\n","sortOrder":171},{"sectionNumber":"101","sectionType":"section","heading":"Intergovernmental arrangements","content":"101 Intergovernmental arrangements\n(1) The Minister may make an arrangement with a Commonwealth\nMinister in relation to—\n(a) the exercise on a joint basis of any of the Commonwealth\ncommission’s functions; or\n(b) the exercise by the commission, on behalf of the\nCommonwealth, of any of the Commonwealth commission’s\nfunctions; or\n(c) the exercise by the Commonwealth commission, on behalf of\nthe Territory, of any of the commission’s functions.\n(2) An arrangement may contain the incidental or supplementary\nprovisions that the Minister and the Commonwealth Minister\nconsider necessary.\n(3) The Minister may arrange with the Commonwealth Minister for the\nvariation or revocation of an arrangement.\n(4) An arrangement, or a variation or revocation of an arrangement, is a\nnotifiable instrument.\n","sortOrder":172},{"sectionNumber":"102","sectionType":"section","heading":"Exercise of functions under intergovernmental","content":"102 Exercise of functions under intergovernmental\narrangement\n(1) This section applies to an act done by or in relation to the\nCommonwealth commission under an arrangement made under\nsection 101 in relation to the exercise by the Commonwealth\ncommission of any of the human rights commission’s functions.\n\n(2) The act is taken, for this Act and all other territory laws, to have been\ndone by or in relation to the human rights commission.\n","sortOrder":173},{"sectionNumber":"103","sectionType":"section","heading":"Determination of fees and expenses for people asked to","content":"103 Determination of fees and expenses for people asked to\nattend conciliation\n(1) The Minister may determine the fees and expenses payable to people\nattending the conciliation in accordance with a request under\nsection 58.\n(2) A determination is a notifiable instrument.\n","sortOrder":174},{"sectionNumber":"104","sectionType":"section","heading":"Approved forms","content":"104 Approved forms\n(1) The commission may approve forms for this Act.\n(2) An approved form is a notifiable instrument.\n","sortOrder":175},{"sectionNumber":"105","sectionType":"section","heading":"Regulation-making power","content":"105 Regulation-making power\nThe Executive may make regulations for this Act.\n\n","sortOrder":176},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitional—Human Rights (Complaints) Legislation Amendment Act","content":"Part 8 Transitional—Human Rights (Complaints) Legislation Amendment Act\nPart 8 Transitional—Human Rights\n(Complaints) Legislation\nAmendment Act 2023\n","sortOrder":177},{"sectionNumber":"125","sectionType":"section","heading":"Contravention of Human Rights Act 2004 before","content":"125 Contravention of Human Rights Act 2004 before\ncommencement day\n(a) a person believes that a public authority has acted in\ncontravention of the Human Rights Act 2004, section 40B\n(Public authorities must act consistently with human rights)\nbefore the commencement day; and\n(b) the person is or would be aggrieved by the act.\n(2) The person may make a human rights complaint about the public\nauthority on or after the commencement day.\nact includes a proposal to act.\ncommencement day means the day the Human Rights (Complaints)\nLegislation Amendment Act 2023, section 13 commences.\n","sortOrder":178},{"sectionNumber":"126","sectionType":"section","heading":"Expiry—pt 8","content":"126 Expiry—pt 8\nThis part expires 2 years after the day the Human Rights (Complaints)\nLegislation Amendment Act 2023, section 13 commences.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nTransitional—Justice and Community Safety Legislation Amendment Act\n","sortOrder":179},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional—Justice and","content":"Part 9 Transitional—Justice and\nCommunity Safety Legislation\nAmendment Act 2025\n","sortOrder":180},{"sectionNumber":"127","sectionType":"section","heading":"Meaning of commencement day—pt 9","content":"127 Meaning of commencement day—pt 9\nIn this part:\ncommencement day means the day the Justice and Community Safety\nLegislation Amendment Act 2025, section 35 commences.\n","sortOrder":181},{"sectionNumber":"128","sectionType":"section","heading":"Person complained about taken to be respondent","content":"128 Person complained about taken to be respondent\nA reference to a person complained about under a provision of this\nAct as in force immediately before the commencement day is, on and\nafter the commencement day, taken to be a reference to a respondent.\n","sortOrder":182},{"sectionNumber":"129","sectionType":"section","heading":"Person complained about in complaint referred to ACAT","content":"129 Person complained about in complaint referred to ACAT\nnot yet decided\n(1) This section applies if, before the commencement day—\n(a) a complaint is referred to the ACAT; and\n(b) the ACAT has not decided whether the person complained about\ncommitted an unlawful act.\n(2) A person complained about that is a party to the complaint is, on and\nafter the commencement day, taken to be a respondent that is a party\nto the complaint.\n","sortOrder":183},{"sectionNumber":"130","sectionType":"section","heading":"Expiry—pt 9","content":"130 Expiry—pt 9\nThis part expires 2 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\n","sortOrder":184},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\nSchedule 1 Reviewable decisions\n(see div 5.4)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 94G (1) make interim order person subject to interim\norder\n2 94H (1) make final order person subject to final order\n3 94I make, vary or\nwithdraw public\nstatement\n• person mentioned in\n• person providing\nhealth service\nmentioned in public\nstatement\n4 94L not vary prohibition or\ncondition order\nperson requesting variation\n5 94M not cancel prohibition\nor condition order\nperson requesting\ncancellation\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• adult\n• bankrupt or personally insolvent\n• director-general (see s 163)\n• document\n• DPP\n• entity\n• head of service\n• health practitioner\n• may (see s 146)\n• must (see s 146)\n• occupational discipline order\n• person (see s 160)\n• public advocate\n• public sector standards commissioner\n• public servant\n• territory law\n• under\n• veterinary practitioner.\nAboriginal and Torres Strait Islander children and young people\ncommissioner means the person appointed as the Aboriginal and\nTorres Strait Islander Children and Young People Commissioner\nunder the Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022, section 10.\n\nAboriginal or Torres Strait Islander child or young person means a\nchild or young person who is an Aboriginal or Torres Strait Islander\nAboriginal or Torres Strait Islander person—see the Aboriginal and\nTorres Strait Islander Children and Young People Commissioner\nAct 2022, dictionary.\nact—\n(a) includes omission; and\n(b) for a human rights complaint—includes a proposal to act.\naggrieved person, in relation to a complaint—see section 43 (1) (a).\napplicable standard, in relation to a service provider, means anything\nmentioned in any of the following provisions that applies to the\nprovider:\n(a) section 39 (1) (b) (When may someone complain about a health\nservice?);\n(b) section 40 (b) (When may someone complain about a disability\nservice?);\n(c) section 40A (b) (When may someone complain about a service\nfor children and young people?);\n(d) section 41 (b) (When may someone complain about a service for\nolder people?).\nchild means a person who is under 12 years old.\nchildren and young people commissioner means the commission\nmember exercising the functions under section 19B.\nchildren and young people service complaint means a complaint\nabout a service for children and young people that may be made, or\nis made, under section 40A.\nchild safe standards—see section 94V.\n\ncode of conduct, for division 5.3 (Health care worker code of\ncommission—\n(a) see section 11; but\n(b) in relation to the consideration of a complaint—means the\ncommissioner considering the complaint for the commission.\ncommissioner means the following:\n(a) the human rights commissioner;\n(b) the disability and community services commissioner;\n(c) the discrimination commissioner;\n(d) the health services commissioner;\n(e) the children and young people commissioner;\n(f) the public advocate;\n(g) the victims of crime commissioner.\ncommission-initiated consideration—see section 48 (1) and (2).\ncommission-initiated discrimination matter, for division 4.2A\n(Discrimination complaints to ACAT)—see section 53.\nCommonwealth commission means the Australian Human Rights\nCommission established by the Australian Human Rights\nCommission Act 1986 (Cwlth).\ncomplainant means—\n(a) in relation to a complaint—the person who made the complaint;\nbut\n(b) in relation to a commission-initiated consideration under\nsection 48 (2)—the commission and not the person who made\nthe complaint (see section 49).\n\n(a) about a health practitioner—means a complaint or a notification\nabout the health practitioner that may be made, or is made, under\nthis Act or the Health Practitioner Regulation National Law\n(ACT), part 8 (Health, performance and conduct); and\n(b) about a veterinary practitioner—means a complaint about the\nveterinary practitioner that may be made, or is made, under this\nAct or the Veterinary Practice Act 2018, section 43 (Who may\ncomplain?); and\n(c) for division 4.2A (Discrimination complaints to ACAT)—see\nsection 53; and\n(d) for division 5.3 (Health care worker code of conduct)—see\nsection 94A.\nconciliation, of a complaint—see section 55 (1).\nconciliation agreement—see section 62 (1).\nconduct means an act, an omission to do an act or a state of affairs.\nconsideration, of a complaint, means consideration of the complaint\nunder division 4.4.\nconversion practice complaint means a complaint about a sexuality\nor gender identity conversion practice that may be made, or is made,\nunder section 43.\nconversion practice referral statement—see section 88C.\ncorresponding law, for division 5.3 (Health care worker code of\ndisability service—see section 8.\ndisability service complaint means a complaint about a service for\npeople with a disability that may be made, or is made, under\nsection 40.\n\ndisability and community services commissioner means the\ncommission member exercising the functions under section 21.\ndiscrimination commissioner means the commission member\nexercising the functions under section 23.\ndiscrimination complaint—see section 42 (1) (c).\ndiscrimination referral statement—see section 88.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\nfinal order, for division 5.3 (Health care worker code of conduct)—\nsee section 94H (1).\nfinal report—see section 80 (1).\nfunding body means an entity that has a function of paying for\nservices provided to others.\nhealth care worker, for division 5.3 (Health care worker code of\nconduct)—see section 94B.\nhealth code—see section 89.\nhealth service—see section 7.\nhealth service complaint means a complaint about a health service\nthat may be made, or is made, under section 39.\nhealth services commissioner means the commission member\nexercising the functions under section 25.\nhuman rights commissioner means the commission member\nexercising the functions under section 27.\nhuman rights complaint—see section 41D (1).\n\nincorporated document means—\n(a) the standards mentioned in section 39 (1) (b) (vi) (When may\nsomeone complain about a health service?); or\n(b) the standards mentioned in section 40 (b) (i) or (iv) (When may\nsomeone complain about a disability service?); or\n(c) an instrument applied, adopted or incorporated by a statutory\ninstrument under this Act.\ninterim order, for division 5.3 (Health care worker code of\nconduct)—see section 94G (1).\njustice agency—see the Victims of Crime Act 1994, section 8.\noccupancy agreement—see the Residential Tenancies Act 1997,\nsection 71C.\noccupancy dispute means a dispute—\n(a) between the parties to an occupancy agreement; and\n(b) that is about, or relates to, the agreement.\noccupancy dispute complaint—see section 42 (1) (k).\noccupancy dispute referral statement—see section 88B.\nolder people service complaint means a complaint about a service for\nolder people that may be made, or is made, under section 41.\noperator, of a retirement village—see the Retirement Villages\nAct 2012, section 7.\nparty, to the conciliation of a complaint—the complainant and the\nrespondent are each a party to the conciliation (see section 57 (1)).\nprescribed service—see section 6A.\npresident, of the commission—see section 12 (2).\nprohibition or condition order, for a health care worker, for\ndivision 5.3 (Health care worker code of conduct)—see section 94A.\n\nprovider, of a service—see section 10.\npublic advocate means the commission member exercising the\nfunctions under section 27B.\npublic authority—\n(a) see the Human Rights Act 2004, section 40; and\n(b) includes an entity for whom a declaration is in force under the\nHuman Rights Act 2004, section 40D (Other entities may choose\nto be subject to obligations of public authorities); but\n(c) does not include a public authority mentioned in the Human\nRights Act 2004, section 40 (1) (e).\npublic servant complaint, for division 5.3 (Health care worker code\nof conduct)—see section 94D (1).\npublic service entity, for division 5.3 (Health care worker code of\npublic statement, for division 5.3 (Health care worker code of\nregister, for division 5.3 (Health care worker code of conduct)—see\nsection 94A.\nregistered means—\n(a) for a health practitioner—registered under the Health\nPractitioner Regulation National Law (ACT); and\n(b) for a veterinary practitioner—registered under the Veterinary\nPractice Act 2018.\nregistered health practitioner, in relation to a complaint, for\ndivision 5.2 (Relationship between commission, health profession\nboards and veterinary practitioners board)—see section 91.\nregistered veterinary practitioner, for division 5.2 (Relationship\nbetween commission, health profession boards and veterinary\npractitioners board)—see section 91.\n\nrelated Act—each of the following is a related Act:\n(a) Disability Services Act 1991;\n(b) Discrimination Act 1991;\n(c) Domestic Violence Agencies Act 1986;\n(d) Health Records (Privacy and Access) Act 1997;\n(e) Human Rights Act 2004;\n(f) Veterinary Practice Act 2018;\n(g) Victims of Crime Act 1994;\n(h) Victims of Crime (Financial Assistance) Act 2016.\nrelevant board means—\n(a) for a health practitioner regulated under the Health Practitioner\nRegulation National Law (ACT)—the national board for the\npractitioner under that Act; and\n(b) for a veterinary practitioner—the veterinary practitioners board.\nrelevant professional body, for a health care worker, for division 5.3\n(Health care worker code of conduct)—see section 94A.\nrespondent, complained about, means—\n(a) for a human rights complaint—if the public authority\ncomplained about is—\n(i) an administrative unit, or a public servant employed in or\nappointed to an office in the administrative unit—the\ndirector-general of the administrative unit; or\n(ii) a territory authority—the director-general of the\nadministrative unit responsible for the provision of the Act\nthat establishes the authority; or\n\n(iii) a territory instrumentality, or a public employee employed\nby the instrumentality—the director-general of the\nadministrative unit responsible for the provision of the Act\nthat establishes the instrumentality; or\n(iv) a Minister—the Minister; or\n(v) a statutory office-holder, or public sector member\nemployed by or providing services for the statutory\noffice-holder—the statutory office holder; or\n(vi) an entity mentioned in the Human Rights Act 2004, section\n40 (1) (g)—the entity; or\n(vii) an entity for whom a declaration is in force under the\nHuman Rights Act 2004, section 40D—the entity; and\n(b) in relation to any other complaint made under this Act—the\nperson or entity complained about.\nExamples—person or entity complained about\n• a grantor under an occupancy agreement\n• a justice agency\n• a provider of a sexuality or gender identity conversion practice\n• a record keeper under the Health Records (Privacy and Access)\nAct 1997\n• a service provider\n• an operator of a retirement village\nretirement village complaint—see section 53G.\nretirement village referral statement—see section 88A.\nreviewable decision, for division 5.4 (Notification and review of\ndecisions)—see section 94S.\nservice for children and young people—see section 8A.\nservice for older people—see section 9.\nservice for victims of crime—see section 9A.\n\nsexuality or gender identity conversion practice—see the Sexuality\nand Gender Identity Conversion Practices Act 2020, section 7.\nthird-party report—see section 83 (1).\nunlawful act, for division 4.2A (Discrimination complaints to\nACAT)—see section 53.\nvictims of crime commissioner means the commission member\nexercising the functions under section 27C.\nvictims rights complaint—see section 41C (2).\nvulnerable person complaint means a complaint about the treatment\nof a vulnerable person that may be made, or is made, under\nsection 41B.\nyoung person means a person who is 12 years old or older, but not\nyet an adult.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nHuman Rights Commission Act 2005 A2005-40\nnotified LR 1 September 2005\ns 1, s 2 commenced 1 September 2005 (LA s 75 (1))\nremainder commenced 1 November 2006 (s 2 and CN2006-21)\nas amended by\nHuman Rights Commission (Children and Young People\nCommissioner) Amendment Act 2005 A2005-46 (as am by A2006-3\nsch 1 pt 1.2)\nnotified LR 2 September 2005\ns 1, s 2 commenced 1 September 2005 (LA s 75 (1))\nremainder commenced 1 November 2006 (s 2 and see A2005-40, s 2\nand CN2006-21)\nHuman Rights Commission Legislation Amendment Act 2006\nA2006-3 s 4\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\ns 4 commenced 23 February 2006 (s 2)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 1 pt 1.7\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 November 2006 (s 2 (2) and see A2005-40,\ns 2 and CN2006-21)\nHuman Rights Commission Amendment Act 2006 A2006-44\nnotified LR 25 October 2006\ns 1, s 2 commenced 25 October 2006 (LA s 75 (1))\nremainder commenced 1 November 2006 (s 2 and see A2005-40, s 2\nand CN2006-21)\nCarers Recognition Legislation Amendment Act 2006 A2006-47 pt 4\nnotified LR 28 November 2006\ns 1, s 2 commenced 28 November 2006 (LA s 75 (1))\npt 4 commenced 28 May 2007 (s 2 and LA s 79)\n\nJustice and Community Safety Legislation Amendment Act 2007\nA2007-22 sch 1 pt 1.10\nnotified LR 5 September 2007\ns 1, s 2 commenced 5 September 2007 (LA s 75 (1))\nsch 1 pt 1.10 commenced 6 September 2007 (s 2)\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 2 pt 2.9, sch 3 pt 3.16\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 2 pt 2.9 commenced 9 September 2008 (s 2 (3) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 3 pt 3.16 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nJustice and Community Safety Legislation Amendment Act 2008\n(No 2) A2008-22 sch 1 pt 1.5\nnotified LR 8 July 2008\ns 1, s 2 commenced 8 July 2008 (LA s 75 (1))\nsch 1 pt 1.5 commenced 29 July 2008 (s 2)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.34\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.34 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.31\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.31 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nHuman Rights Commission Legislation Amendment Act 2010\nA2010-5 pt 4\nnotified LR 2 March 2010\ns 1, s 2 commenced 2 March 2010 (LA s 75 (1))\npt 4 commenced 9 March 2010 (s 2)\n\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.12\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.12 commenced 1 July 2010 (s 2 (1) (a))\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.11\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.11 commenced 28 September 2010 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2010\n(No 4) A2010-50 sch 1 pt 1.3\nnotified LR 14 December 2010\ns 1, s 2 commenced 14 December 2010 (LA s 75 (1))\nsch 1 pt 1.3 commenced 21 December 2010 (s 2 (1))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.82\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.82 commenced 1 July 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.21\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.21 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.24\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.24 commenced 5 June 2012 (s 2 (1))\nDisability Services Amendment Act 2013 A2013-8 s 7\nnotified LR 6 March 2013\ns 1, s 2 commenced 6 March 2013 (LA s 75 (1))\ns 7 commenced 7 March 2013 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 pt 5\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\npt 5 commenced 17 November 2014 (s 2)\nVeterinary Surgeons Act 2015 A2015-29 sch 2 pt 2.7, sch 3\nnotified LR 20 August 2015\ns 1, s 2 commenced 20 August 2015 (LA s 75 (1))\nsch 2 pt 2.7 commenced 1 December 2015 (s 2 (1) and CN2015-22)\nsch 3 commenced 1 December 2015 (s 2 (2) and CN2015-22)\nProtection of Rights (Services) Legislation Amendment Act 2016\nA2016-1 pt 2\nnotified LR 23 February 2016\ns 1, s 2 commenced 23 February 2016 (LA s 75 (1))\npt 2 commenced 1 April 2016 (s 2)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.25\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.25 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nDiscrimination Amendment Act 2016 A2016-49 sch 1 pt 1.2\nnotified LR 23 August 2016\ns 1, s 2 commenced 23 August 2016 (LA s 75 (1))\namdt 1.6, amdt 1.14, amdt 1.17 commenced 3 April 2017 (s 2 (2))\nsch 1 pt 1.2 remainder commenced 24 August 2016 (s 2 (1))\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.37\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.37 commenced 1 September 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\nA2017-5 sch 1 pt 1.5\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 1 pt 1.5 commenced 2 March 2017 (s 2 (3))\n\nInspector of Correctional Services Act 2017 A2017-47 sch 2 pt 2.3\nnotified LR 7 December 2017\ns 1, s 2 commenced 7 December 2017 (LA s 75 (1))\nsch 2 pt 2.3 commenced 8 December 2017 (s 2 (1))\nVeterinary Practice Act 2018 A2018-32 sch 3 pt 3.8\nnotified LR 30 August 2018\ns 1, s 2 commenced 30 August 2018 (LA s 75 (1))\nsch 3 pt 3.8 commenced 21 December 2018 (s 2 and CN2018-12)\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.19\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.19 commenced 22 November 2018 (s 2 (1))\nRetirement Villages Legislation Amendment Act 2019 A2019-10 pt 3\nnotified LR 11 April 2019\ns 1, s 2 commenced 11 April 2019 (LA s 75 (1))\npt 3 commenced 1 July 2019 (s 2 (1) see CN2019-11)\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 6\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 6 commenced 21 June 2019 (s 2)\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.17\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.17 commenced 14 May 2020 (s 2 (1))\nVictims Rights Legislation Amendment Act 2020 A2020-34 pt 2\nnotified LR 29 July 2020\ns 1, s 2 commenced 29 July 2020 (LA s 75 (1))\npt 2 commenced 1 January 2021 (s 2)\nJustice Legislation Amendment Act 2020 A2020-42 pt 19\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 19 commenced 28 August 2020 (s 2 (9))\n\nResidential Tenancies Amendment Act 2020 (No 2) A2020-48 sch 1\npt 1.1, sch 2 pt 2.1\nnotified LR 3 September 2020\ns 1, s 2 commenced 3 September 2020 (LA s 75 (1))\nsch 1 pt 1.1 commenced 3 March 2021 (s 2 (1) and LA s 79)\nsch 2 pt 2.1 commenced 30 January 2022 (s 2 (3))\nSexuality and Gender Identity Conversion Practices Act 2020\nA2020-49 sch 1\nnotified LR 4 September 2020\ns 1, s 2 commenced 4 September 2020 (LA s 75 (1))\nsch 1 commenced 4 March 2021 (s 2)\nOperational Efficiencies (COVID-19) Legislation Amendment Act 2021\nA2021-24 pt 9\nnotified LR 13 October 2021\ns 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))\npt 9 commenced 14 October 2021 (s 2 (1))\nDomestic Violence Agencies Amendment Act 2022 A2022-11 sch 1\npt 1.2\nnotified LR 17 June 2022\ns 1, s 2 commenced 17 June 2022 (LA s 75 (1))\nsch 1 pt 1.2 commenced 17 December 2022 (s 2 and LA s 79)\nAboriginal and Torres Strait Islander Children and Young People\nCommissioner Act 2022 A2022-25 sch 1 pt 1.4\nnotified LR 14 December 2022\ns 1, s 2 commenced 14 December 2022 (LA s 75 (1))\nsch 1 pt 1.4 commenced 15 December 2022 (s 2)\nDiscrimination Amendment Act 2023 A2023-7 sch 1 pt 1.2\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\nsch 1 pt 1.2 commenced 11 April 2024 (s 2)\nHuman Rights Commission Amendment Act 2023 A2023-29\nnotified LR 7 July 2023\ns 1, s 2 commenced 7 July 2023 (LA s 75 (1))\nremainder commenced 7 January 2024 (s 2 and LA s 79)\n\nJustice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 sch 1 pt 1.6\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nsch 1 pt 1.6 commenced 27 March 2024 (s 2 (2) (a))\nHuman Rights (Complaints) Legislation Amendment Act 2023\nA2023-53 pt 3\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 3 commenced 11 June 2024 (s 2 (2) and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2023\n(No 3) A2023-57 pt 10, sch 1 pt 1.3\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 10, sch 1 pt 1.3 commenced 12 December 2023 (s 2 (1))\nHuman Rights Commission (Child Safe Standards) Amendment\nAct 2024 A2024-22 pt 2\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\npt 2 commenced 1 August 2024 (s 2 (a))\nMonitoring of Places of Detention Legislation Amendment Act 2024\nA2024-41 sch 1 pt 1.5\nnotified LR 17 September 2024\ns 1, s 2 commenced 17 September 2024 (LA s 75 (1))\nsch 1 pt 1.5 commenced 18 September 2024 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2024\nA2024-49 pt 9\nnotified LR 17 September 2024\ns 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))\npt 9 taken to have commenced 11 June 2024 (s 2 (1) and see Human\nRights (Complaints) Legislation Amendment Act 2023 A2023-53, s 2\n(2))\n\nJustice and Community Safety Legislation Amendment Act 2025\nA2025-2 pt 5\nnotified LR 20 February 2025\ns 1, s 2 commenced 20 February 2025 (LA s 75 (1))\ns 17, s 20, s 22 commenced 20 May 2025 (s 2 (2))\npt 5 remainder commenced 27 February 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.49, sch 4\npt 4.95\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.49, sch 4 pt 4.95 commenced 16 November 2025 (s 2 (1),\n(9))\nJustice and Community Safety Legislation Amendment Act 2026\nA2026-4 pt 8\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 8 commenced 23 February 2026 (s 2)\n\nCommencement\ns 2 sub A2006-3 s 4\nom R1 LA s 89 (4)\ns 3 am A2015-29 amdt 2.41\nMain objects of Act\ns 6 am A2005-46 s 4, s 5; A2007-22 amdts 1.31-1.33; pars renum\nR3 LA\nsub A2008-22 amdt 1.23\nam A2016-1 ss 4-6; pars renum R21 LA; A2023-53 s 11;\nA2024-22 s 4; pars renum R46 LA\nWhat is a prescribed service?\ns 6A ins A2016-1 s 7\nWhat is a health service?\ns 7 am A2010-10 amdt 2.57; A2015-29 amdt 2.42, amdt 2.43;\nA2018-32 amdt 3.14, amdt 3.24\nWhat is a disability service?\ns 8 hdg sub A2005-46 s 6\ns 8 am A2005-46 s 6\nWhat is a service for children and young people?\ns 8A ins A2005-46 s 7\nam A2008-20 amdt 2.20, amdt 3.31; A2023-45 amdt 1.30\nWhat is a service for victims of crime?\ns 9A ins A2016-1 s 8\nMembers of commission\ns 12 am A2005-46 s 8; pars renum A2005-46 s 9; A2006-44 s 4,\ns 5; pars renum R1 LA; A2016-1 s 9, s 10; ss and pars renum\nR21 LA; A2016-13 amdt 1.69; A2022-11 amdt 1.2\nCommission’s functions\ns 14 am A2005-46 s 10, s 11; pars renum A2005-46 s 12;\nA2008-20 amdt 3.32; A2010-10 amdt 2.58; A2011-22 amdt\n1.254; A2015-29 amdt 2.44, amdt 2.45; A2016-1 ss 11-14; ss\nand pars renum R21 LA; A2018-32 amdt 3.15; A2025-29\namdt 3.166\nPresident\ndiv 3.2 hdg om A2006-44 s 6\nins A2016-1 s 15\n\nPresident’s functions\ns 18 om A2006-44 s 6\nins A2016-1 s 15\nam A2016-13 amdt 1.70, amdt 1.71; A2018-42 amdt 3.62\nGovernance and corporate support protocol\ns 18A ins A2016-1 s 15\nam A2016-13 amdt 1.72, amdt 1.73\nClient services charter\ns 18B ins A2016-1 s 15\nOperations protocol\ns 18C ins A2016-1 s 15\nam A2016-13 amdt 1.74, amdt 1.75\nAppointment of commission members\ndiv 3.2A hdg ins A2016-1 s 15\nAppointment of commission members\ns 18D ins A2016-1 s 15\ns 18E ins A2016-1 s 15\nDelegation of member’s functions\ns 18F ins A2016-1 s 15\nPresident’s functions\ns 19 om A2006-44 s 6\nChildren and young people commissioner\ndiv 3.3 hdg orig div 3.3 hdg renum as div 3.4 hdg\nins A2005-46 s 13\nAppointment of children and young people commissioner\ns 19A ins A2005-46 s 13\nom A2016-1 s 16\nChildren and young people commissioner’s functions\ns 19B ins A2005-46 s 13\nam A2024-22 s 5; pars renum R46 LA\nDelegation of children and young people commissioner’s functions\ns 19BA ins A2006-40 amdt 1.20\nom A2016-1 s 16\nAdvisory committees for services for children and young people\ns 19C ins A2005-46 s 13\n\nDisability and community services commissioner\ndiv 3.4 hdg orig div 3.4 hdg renum as div 3.5 hdg\n(prev div 3.3 hdg) renum as div 3.4 hdg A2005-46 s 15\nAppointment of disability and community services commissioner\ns 20 om A2016-1 s 16\nDisability and community services commissioner’s functions\ns 21 sub A2005-46 s 14\nam A2016-1 s 17; A2016-13 amdt 1.76; pars renum R21 LA;\nA2020-14 amdt 1.86; A2020-34 s 4; A2020-49 amdt 1.1;\nA2023-53 s 12\nDelegation of disability and community services commissioner’s functions\ns 21A ins A2006-40 amdt 1.21\nom A2016-1 s 18\nDiscrimination commissioner\ndiv 3.5 hdg orig div 3.5 hdg renum as div 3.6 hdg\n(prev div 3.4 hdg) renum as div 3.5 hdg A2005-46 s 15\nAppointment of discrimination commissioner\ns 22 om A2016-1 s 18\nDiscrimination commissioner’s functions\ns 23 am A2026-4 s 23\nDelegation of discrimination commissioner’s functions\ns 23A ins A2006-40 amdt 1.22\nom A2016-1 s 18\nHealth services commissioner\ndiv 3.6 hdg orig div 3.6 hdg renum as div 3.7 hdg\n(prev div 3.5 hdg) renum as div 3.6 hdg A2005-46 s 15\nAppointment of health services commissioner\ns 24 om A2016-1 s 18\nHealth services commissioner’s functions\ns 25 am A2010-10 amdt 2.59; A2016-1 s 19\nDelegation of health services commissioner’s functions\ns 25A ins A2006-40 amdt 1.23\nHuman rights commissioner\ndiv 3.7 hdg orig div 3.7 hdg renum as div 3.8 hdg\n(prev div 3.6 hdg) renum as div 3.7 hdg A2005-46 s 15\n\nAppointment of human rights commissioner\ns 26 sub A2006-44 s 7\nHuman rights commissioner’s functions\ns 27 am A2017-5 amdt 1.12\nDelegation of human rights commissioner’s functions\ns 27A ins A2006-40 amdt 1.24\nPublic advocate\ndiv 3.7A hdg ins A2016-1 s 21\nPublic advocate’s functions\ns 27B ins A2016-1 s 21\nam A2016-13 amdts 1.77-1.84; pars renum R21 LA\nPublic advocate to report to ACAT\ns 27BA ins A2016-13 amdt 1.85\nDisclosure of information about investigations by public advocate\ns 27BB ins A2016-13 amdt 1.85\nEngagement of lawyer by public advocate\ns 27BC ins A2016-13 amdt 1.85\nVictims of crime commissioner\ndiv 3.7B hdg ins A2016-1 s 21\nVictims of crime commissioner’s functions\ns 27C ins A2016-1 s 21\nam A2022-11 amdt 1.3; A2023-57 amdt 1.6\ndiv 3.8 hdg orig div 3.8 hdg renum as div 3.9 hdg\n(prev div 3.7 hdg) renum as div 3.8 hdg A2005-46 s 19\nApplication—div 3.8\ns 28 hdg sub A2005-46 s 16\ns 28 am A2005-46 s 17; pars renum A2005-46 s 18\nsub A2006-44 s 28\ns 29 am A2010-30 amdt 1.30\nCommission procedures\ndiv 3.9 hdg orig div 3.9 hdg renum as div 3.10 hdg\n(prev div 3.8 hdg) renum as div 3.9 hdg A2005-46 s 19\n\nTime and place of commission meetings\ns 30 am A2006-44 s 9; A2016-13 amdt 1.86\nPresiding member at meetings\ns 31 om A2006-44 s 10\nins A2016-1 s 23\nQuorum at meetings\ns 32 am A2016-1 s 24\nVoting at meetings\ns 33 am A2006-44 s 11; A2016-1 s 25\nIndividual with more than 1 role\ns 34 am A2016-1 s 26, s 27; A2026-4 s 24\nConduct of meetings etc\ns 35 am A2008-28 amdt 3.99\nConsultants of commission\ndiv 3.10 hdg (prev div 3.9 hdg) renum as div 3.10 hdg A2005-46 s 19\nsub A2016-52 amdt 1.103\nStaff of commission\ns 36 om A2016-52 amdt 1.104\nWhen may someone complain about a health service?\ns 39 am A2010-10 amdt 2.60, amdt 2.61; A2015-29 amdt 2.46;\nA2018-32 amdt 3.16; A2023-29 s 5; pars renum R42 LA\nWhen may someone complain about a disability service?\ns 40 hdg sub A2005-46 s 20\ns 40 am A2005-46 s 20; A2013-8 s 7; pars renum R18 LA;\nA2023-57 amdt 1.7\nWhen may someone complain about a service for children and young\npeople?\ns 40A ins A2005-46 s 21\nam A2024-22 s 6; pars renum R46 LA\nWhen may someone complain about a service for older people?\ns 41 am A2019-10 s 10\nWhen may someone complain about an occupancy dispute?\ns 41A ins A2020-48 amdt 1.1\nWhen may someone complain about treatment of vulnerable people?\ns 41B ins A2020-14 amdt 1.87\nVictims rights complaints\ns 41C ins A2020-34 s 5\n\nHuman rights complaints\ns 41D ins A2023-53 s 13\nam A2025-2 s 10\nWhat complaints may be made under this Act?\ns 42 sub A2005-46 s 22; A2015-29 amdt 2.47, amdt 3.1\nam A2016-49 amdt 1.4, amdt 1.5; A2016-49 amdt 1.6; ss\nrenum R25 LA; A2018-32 amdt 3.24; A2020-14 amdt 1.88;\nA2020-34 s 6; A2020-48 amdt 1.2; A2020-49 amdt 1.2; pars\nrenum R41 LA; A2023-53 s 14; pars renum R45 LA\nWho may make a complaint under this Act?\ns 43 am A2005-46 s 23, s 24; A2006-47 ss 22-25; ss renum R2 LA;\nA2008-22 amdt 1.25, amdt 1.26; A2016-49 amdts 1.7-1.9; ss\nand pars renum R22 LA; A2020-34 s 7, s 8; A2020-48 amdt\n1.3; A2023-53 s 15; ss renum R45 LA\nComplaint to be in writing\ns 44 am A2010-50 amdt 1.4; A2016-49 amdt 1.10, amdt 1.11; ss\nand pars renum R22 LA\nAmendment of complaint\ns 44A ins A2026-4 s 25\nCommission’s obligation to be prompt and efficient\ns 45 am A2008-22 amdt 1.27, amdt 1.28; A2010-5 ss 16-18;\nA2010-10 amdt 2.62; A2019-10 s 11; pars renum R30 LA;\nA2020-42 s 94; A2020-48 amdt 1.4; A2020-49 amdt 1.3; pars\nrenum R35 LA; A2023-57 s 22; A2025-2 ss 11-15, s 39; ss\nrenum R48 LA\nComplainant’s obligations in relation to complaint\ns 46 am A2020-42 s 95; A2025-2 s 39\nOutline—div 4.2\ns 47 am A2008-22 amdt 1.29; A2008-36 amdt 1.352; A2010-10\namdt 2.63\nConsideration without complaint or appropriate complainant\ns 48 am A2005-46 s 25; A2008-22 amdt 1.30, amdt 1.31; A2008-36\namdt 1.353; A2015-29 amdt 2.48, amdt 2.49, amdt 3.2;\nA2017-47 amdt 2.17; A2018-32 amdt 3.24, amdt 3.25;\nA2020-34 s 9, s 10; A2023-57 s 23; A2024-41 amdt 1.18\nTreatment of complaint if complaint dealt with as commission-initiated\nconsideration\ns 49 am A2025-2 s 39\nAllocating complaints\ns 50 am A2006-44 s 12\nom A2016-1 s 28\n\nReferring complaints for conciliation\ns 51 am A2020-42 s 96\nReferral of advocacy matters—children and young people\ns 51A hdg sub A2023-57 s 24\ns 51A ins A2005-46 s 26\nam A2008-20 amdt 3.33; A2011-22 amdt 1.254; A2016-1 s 29;\nA2020-34 s 11; A2022-25 amdt 1.75, amdt 1.76\nReferral of advocacy matters—vulnerable people\ns 51B ins A2023-57 s 25\nConsidering complaints\ns 52 am A2016-1 s 30; A2023-7 amdt 1.2\nReferral to appropriate statutory office-holder\ns 52A (prev s 53A) ins A2008-22 amdt 1.32\nreloc and renum as s 52A A2008-36 amdt 1.355\nam A2020-34 s 12; A2023-57 s 26\nDealing with vulnerable person complaints\ns 52B ins A2020-14 amdt 1.89\nam A2023-57 s 27; A2025-2 s 39\nEffect of declaration made under Children and Young People Act 2008\ns 52C ins A2023-7 amdt 1.3\nDiscrimination complaints to ACAT\ndiv 4.2A hdg ins A2008-36 amdt 1.354\nDefinitions—div 4.2A\ns 53 sub A2008-36 amdt 1.354; A2016-49 amdt 1.12; A2020-42\ns 97\ndef commission-initiated discrimination matter ins\nA2020-42 s 97\ndef complaint ins A2020-42 s 97\ndef unlawful act sub A2020-42 s 97\nReferral of discrimination complaints other than commission-initiated\ndiscrimination matters\ns 53A hdg sub A2020-42 s 98\ns 53A orig s 53A reloc and renum as s 52A\nins A2008-36 amdt 1.354\nam A2010-50 amdt 1.5; A2020-42 s 99; A2025-2 s 39\nLate application in exceptional circumstances\ns 53B ins A2008-36 amdt 1.354\nam A2010-50 amdt 1.6; A2020-42 s 100\nReferral of commission-initiated discrimination matters\ns 53BA ins A2020-42 s 101\n\nParties to ACAT proceeding on discrimination complaint\ns 53C ins A2008-36 amdt 1.354\nam A2020-42 s 102; A2025-2 s 39\nOnus of establishing complaint about discrimination etc\ns 53CA ins A2016-49 amdt 1.13\nam A2016-49 amdt 1.14; A2025-2 s 39\nReliance on exceptions and exemptions\ns 53D ins A2008-36 amdt 1.354\nCommission to give information etc to ACAT\ns 53DA ins A2016-49 amdt 1.15\nConsideration of positive duty\ns 53DB ins A2023-7 amdt 1.4\nKinds of orders—unlawful acts under the Discrimination Act\ns 53E ins A2008-36 amdt 1.354\nam A2016-49 amdt 1.16; A2016-49 amdt 1.17; ss renum\nR25 LA; A2025-2 s 39\nEffect of declaration made under Children and Young People Act 2008\ns 53EA ins A2023-7 amdt 1.5\nCertain older people service complaints to ACAT\ndiv 4.2B hdg ins A2019-10 s 12\nDefinitions—div 4.2B\ns 53F ins A2019-10 s 12\ndef person complained about ins A2019-10 s 12\ndef retirement village complaint ins A2019-10 s 12\nApplication—div 4.2B\ns 53G ins A2019-10 s 12\nam A2025-29 amdt 3.167\nRetirement village complaints—referral\ns 53H ins A2019-10 s 12\nRetirement village complaints—late application in exceptional circumstances\ns 53I ins A2019-10 s 12\nReferral of commission-initiated (retirement villages) matter\ns 53IA ins A2025-2 s 17\nRetirement village complaints—parties to ACAT proceeding\ns 53J ins A2019-10 s 12\n\nRetirement village complaints—ACAT jurisdiction\ns 53K ins A2019-10 s 12\nRetirement village complaints—commission to give information etc to ACAT\ns 53L ins A2019-10 s 12\nRetirement village complaints—ACAT orders\ns 53M ins A2019-10 s 12\nRetirement village complaints—no monetary limit on jurisdiction of ACAT\ns 53N ins A2019-10 s 12\nRetirement village complaints—other options for dispute resolution\ns 53O ins A2019-10 s 12\nOccupancy dispute complaints to ACAT\ndiv 4.2C hdg ins A2020-48 amdt 1.5\nsub A2025-2 s 18\nDefinitions—div 4.2C\ns 53P ins A2020-48 amdt 1.5\ndef occupancy dispute complaint ins A2020-48 amdt 1.5\ndef person complained about ins A2020-48 amdt 1.5\nApplication—div 4.2C\ns 53Q ins A2020-48 amdt 1.5\nOccupancy dispute complaints—referral\ns 53R ins A2020-48 amdt 1.5\nOccupancy dispute complaints—late application in exceptional\ncircumstances\ns 53S ins A2020-48 amdt 1.5\nReferral of commission-initiated (occupancy dispute) matter\ns 53SA ins A2025-2 s 20\nOccupancy dispute complaints—parties to ACAT proceeding\ns 53T ins A2020-48 amdt 1.5\nOccupancy dispute complaints—ACAT jurisdiction\ns 53U ins A2020-48 amdt 1.5\nam A2020-48 amdt 2.1\nOccupancy dispute complaints—commission to give information etc to\nACAT\ns 53V ins A2020-48 amdt 1.5\n\nOccupancy dispute complaints—ACAT orders\ns 53W ins A2020-48 amdt 1.5\nOccupancy dispute complaints—monetary limit on jurisdiction of ACAT\ns 53X ins A2020-48 amdt 1.5\nOccupancy dispute complaints—other options for dispute resolution\ns 53Y ins A2020-48 amdt 1.5\nConversion practice complaints to ACAT\ndiv 4.2D hdg ins A2020-49 amdt 1.4\nMeaning of person complained about—div 4.2D\ns 53Z ins A2020-49 amdt 1.4\nom A2025-2 s 21\nConversion practice complaints—referral\ns 53ZA ins A2020-49 amdt 1.4\nConversion practice complaints—late application in exceptional\ncircumstances\ns 53ZB ins A2020-49 amdt 1.4\nReferral of commission-initiated (conversion practice) matter\ns 53ZBA ins A2025-2 s 22\nConversion practice complaints—parties to ACAT proceeding\ns 53ZC ins A2020-49 amdt 1.4\nConversion practice complaints—commission to give information etc to\nACAT\ns 53ZD ins A2020-49 amdt 1.4\nConversion practice complaints—ACAT orders\ns 53ZE ins A2020-49 amdt 1.4\nConversion practice complaints—no monetary limit on jurisdiction of ACAT\ns 53ZF ins A2020-49 amdt 1.4\nOutline—div 4.3\ns 54 am A2025-2 s 39\nWhat is conciliation?\ns 55 sub A2006-44 s 13\nDelegation of commission’s function of conciliation\ns 56 sub A2006-44 s 14\nParties to conciliation\ns 57 am A2006-44 s 25; A2025-2 s 39\n\nRequest for third party to attend\ns 58 am A2006-44 s 25\nCompulsory attendance at conciliation\ns 59 am A2006-44 s 25; A2020-34 s 13\nConduct of conciliation\ns 60 am A2006-44 s 25\nRelationship between conciliation and consideration\ns 61 am A2006-44 s 15, s 16\nom A2020-42 s 103\nConciliated agreements\ns 62 am A2006-44 s 17, s 25; A2008-36 amdt 1.356, amdt 1.357;\nA2019-17 s 18, s 19; A2019-10 s 13; A2020-42 s 104, s 105;\nA2020-48 amdt 1.6; A2020-49 amdt 1.5\nUse of conciliation agreement by commission\ns 63 sub A2006-44 s 18\nUnsuccessful conciliation of discrimination matter\ns 64 am A2006-44 s 25\nom A2010-50 amdt 1.7\nEnd of conciliation\ns 65 am A2006-44 s 19, s 25; A2025-2 s 39\nAdmissibility of evidence\ns 66 am A2006-44 s 20; A2011-48 amdt 1.33\nPurpose of considering complaints\ns 69 am A2023-29 s 6, s 7\nCommission may treat new entity as respondent\ns 71A ins A2010-5 s 19\nsub A2025-2 s 23\nPower to ask for information, documents and other things\ns 73 am A2020-42 s 106; A2020-34 s 14, s 15; A2023-29 s 8\nRequiring attendance etc\ns 74 am A2020-34 ss 16-18; A2023-29 s 9\nPrivileges against self-incrimination and exposure to civil penalty\ns 75 am A2023-29 s 10; ss renum R42 LA\nWhen complaints can be closed\ns 78 am A2008-22 amdt 1.33; A2008-36 amdt 1.358, amdt 1.359;\nA2010-10 amdt 2.64; A2010-50 amdt 1.8; pars renum R14\nLA; A2015-29 amdt 2.50; A2016-49 amdt 1.18; A2018-32\namdt 3.25; A2019-10 s 14; A2020-42 s 107; A2020-48\namdt 1.7; A2020-49 amdt 1.6; A2025-2 s 24\n\nReopening complaints\ns 79 am A2010-50 amdt 1.9\nHow complaints are closed\ns 80 am A2010-10 amdt 2.65; A2015-29 amdt 2.51; A2018-32\namdt 3.25; A2025-2 s 39\nFinal report\ns 81 am A2023-53 s 16; A2025-2 s 25\nClosing discrimination complaints\ns 82 am A2008-22 amdt 1.34; A2025-2 s 26, s 27; pars renum\nR48 LA\nClosing retirement village complaints\ns 82A ins A2019-10 s 15\nam A2025-2 s 28, s 29; pars renum R48 LA\nClosing occupancy dispute complaints\ns 82B ins A2020-48 amdt 1.8\nam A2025-2 s 30, s 31; pars renum R48 LA\nClosing conversion practice complaints\ns 82C ins A2020-49 amdt 1.7\nam A2025-2 s 32, s 33; pars renum R48 LA\nClosing human rights complaints if conciliation unlikely to succeed\ns 82D ins A2023-53 s 17\nThird-party reports\ns 83 am A2014-49 s 15, s 16; A2015-29 amdt 2.52; A2018-32\namdt 3.25; A2023-53 s 18; ss renum R45 LA; A2025-2 s 34,\ns 39\nCommission-initiated reports\ns 84 am A2023-57 s 28\nResponding to recommendations\ns 85 am A2018-42 amdt 3.63; A2020-34 s 19; ss renum R33 LA\nPublication of information in relation to human rights complaints\ns 86A ins A2023-53 s 19\nDiscrimination referral statements\ns 88 sub A2008-22 amdt 1.35; A2008-36 amdt 1.360\nRetirement village referral statements\ns 88A ins A2019-10 s 16\nOccupancy dispute referral statements\ns 88B ins A2020-48 amdt 1.9\n\nConversion practice referral statements\ns 88C ins A2020-49 amdt 1.8\nAdditional matters for health service complaints\npt 5 hdg sub A2015-29 amdt 2.53, amdt 3.3\nam A2018-32 amdt 3.25\nsub A2023-29 s 11\nApproval of health code\ns 89 am A2012-21 amdt 3.99; A2025-29 amdt 4.95\nRelationship between commission, health profession boards and veterinary\npractitioners board\ndiv 5.2 hdg sub A2015-29 amdt 2.54, amdt 3.4\nam A2018-32 amdt 3.25\nMeaning of registered health practitioner and registered veterinary\npractitioner—div 5.2\ns 91 hdg sub A2015-29 amdt 3.5\nam A2018-32 amdt 3.24\ns 91 sub A2015-29 amdt 2.54\nam A2015-29 amdt 3.6; A2018-32 amdt 3.24\nReferral of complaints to boards\ns 92 am A2010-5 s 20, s 21\n(4)-(6) exp 9 June 2010 (s 92 (6))\nam A2010-10 amdt 2.66\nsub A2015-29 amdt 2.54, amdt 3.7\nam A2018-32 amdt 3.24\nComplaints referred to veterinary practitioners board\ns 93 hdg am A2018-32 amdt 3.25\ns 93 sub A2015-29 amdt 2.54\nam A2015-29 amdt 3.8, amdt 3.9; A2018-32 amdt 3.17;\nA2018-32 amdt 3.24\nConsideration of complaints\ns 94 hdg sub A2015-29 amdt 3.10\ns 94 sub A2015-29 amdt 2.54\nam A2015-29 amdt 3.11, amdt 3.12; A2018-32 amdt 3.24\nHealth care worker code of conduct\ndiv 5.3 hdg ins A2023-29 s 12\nDefinitions—div 5.3\ns 94A ins A2023-29 s 12\ndef code of conduct ins A2023-29 s 12\ndef complaint ins A2023-29 s 12\ndef corresponding law ins A2023-29 s 12\ndef final order ins A2023-29 s 12\ndef health care worker ins A2023-29 s 12\n\ndef interim order ins A2023-29 s 12\ndef prohibition or condition order ins A2023-29 s 12\ndef public servant complaint ins A2023-29 s 12\ndef public service entity ins A2023-29 s 12\ndef public statement ins A2023-29 s 12\ndef register ins A2023-29 s 12\ndef relevant professional body ins A2023-29 s 12\nMeaning of health care worker—div 5.3\ns 94B ins A2023-29 s 12\nCode of conduct may be prescribed\ns 94C ins A2023-29 s 12\nCode of conduct breach by public servants\ns 94D ins A2023-29 s 12\nCode of conduct breach by public servants—information sharing\ns 94E ins A2023-29 s 12\nPrinciples for making prohibition or condition order or public statement\ns 94F ins A2023-29 s 12\nInterim prohibition or condition order\ns 94G ins A2023-29 s 12\nFinal prohibition or condition order\ns 94H ins A2023-29 s 12\nPublic statement about health care worker or health service\ns 94I ins A2023-29 s 12\nStatement of reasons for prohibition or condition order or public statement\ns 94J ins A2023-29 s 12\nCorrection of public statement\ns 94K ins A2023-29 s 12\nVariation of prohibition or condition order\ns 94L ins A2023-29 s 12\nCancellation of prohibition or condition order\ns 94M ins A2023-29 s 12\nHealth care worker must give notice of registration as health practitioner\ns 94N ins A2023-29 s 12\nNon-compliance with prohibition or condition order\ns 94O ins A2023-29 s 12\nNon-compliance with corresponding prohibition or condition order\ns 94P ins A2023-29 s 12\n\nCommission to keep register\ns 94Q ins A2023-29 s 12\nExchange of information\ns 94R ins A2023-29 s 12\nNotification and review of decisions\ndiv 5.4 hdg ins A2023-29 s 12\nMeaning of reviewable decision––div 5.4\ns 94S ins A2023-29 s 12\nReviewable decision notices\ns 94T ins A2023-29 s 12\nam A2025-29 amdt 4.95\nApplications for review\ns 94U ins A2023-29 s 12\nam A2025-29 amdt 4.95\nChild safe standards\npt 5A hdg ins A2024-22 s 7\nChild safe standards\ns 94V ins A2024-22 s 7\nImplementing child safe standards\ns 94W ins A2024-22 s 7\nReview of child safe standards\ns 94X ins A2024-22 s 7\nexp 1 August 2031 (s 94X (3))\nInformation about complaints\ns 95 am A2005-46 s 27; A2010-10 amdt 2.67; A2014-49 s 17\nInspection of incorporated documents\ns 96 am A2011-22 amdt 1.254\nNotification of certain incorporated documents\ns 97 am A2011-22 amdt 1.254; A2025-29 amdt 4.95\nVictimisation etc\ns 98 am A2026-4 s 26, s 27; pars renum R51 LA\nSecrecy\ns 99 am A2005-46 s 28; A2006-44 s 21; pars renum R1 LA;\nA2016-49 amdt 1.19\nInformation sharing between commissioners\ns 99A ins A2020-14 amdt 1.90\nam A2025-29 amdt 3.168\n\nInformation sharing with Aboriginal and Torres Strait Islander children and\nyoung people commissioner\ns 99B ins A2022-25 amdt 1.77\nCooperation with Aboriginal and Torres Strait Islander children and young\npeople commissioner’s office\ns 99C ins A2022-25 amdt 1.77\nProtection of officials from liability\ns 100 am A2006-44 s 22; pars renum R1 LA\nProtection of others from liability\ns 100A ins A2010-5 s 22\nam A2016-1 s 31\nsub A2016-13 amdt 1.87\nam A2026-4 s 28\nIndependence of DPP\ns 100B ins A2020-34 s 20\nIntergovernmental arrangements\ns 101 am A2012-21 amdt 3.100; ss renum R17 LA; A2025-29\namdt 4.95\nDetermination of fees and expenses for people asked to attend conciliation\ns 103 am A2012-21 amdt 3.101; A2025-29 amdt 4.95\nApproved forms\ns 104 am A2025-29 amdt 4.95\nRegulation-making power\ns 105 am A2025-29 amdt 4.95\nReview of protection of rights services legislation\ns 105A ins A2016-13 amdt 1.88\nexp 1 April 2021 (s 105A (5))\nExpiry—vulnerable person complaint provisions\ns 105B ins A2020-14 amdt 1.91\nam A2020-42 s 108\nom A2021-24 s 22\nTransitional\npt 7 hdg exp 1 November 2007 (s 121)\nDefinitions for pt 7\ns 106 exp 1 November 2007 (s 121)\nConduct engaged in by previous discrimination commissioner\ns 107 exp 1 November 2007 (s 121)\n\nConduct engaged in by community and health services complaints\ns 108 exp 1 November 2007 (s 121)\nComplaints under CHSC Act and HR(PA) Act\ns 109 exp 1 November 2007 (s 121)\nUndeclined complaints under pre-amendment Discrimination Act\ns 110 exp 1 November 2007 (s 121)\nInvestigations under pre-amendment Discrimination Act\ns 111 exp 1 November 2007 (s 121)\nRight to make applications to discrimination tribunal\ns 112 exp 1 November 2007 (s 121)\nRequirement under pre-amendment Discrimination Act\ns 113 exp 1 November 2007 (s 121)\nDirection by discrimination commissioner\ns 114 exp 1 November 2007 (s 121)\nUndecided applications to discrimination tribunal to strike out complaint\ns 115 exp 1 November 2007 (s 121)\nOther undecided applications to discrimination tribunal\ns 116 exp 1 November 2007 (s 121)\nRequests to review under HR(PA) Act\ns 117 exp 1 November 2007 (s 121)\nAppeal rights in relation to requests to review\ns 118 exp 1 November 2007 (s 121)\nReferences to community and health services complaints commissioner\ns 119 exp 1 November 2007 (s 121)\nTransitional regulations\ns 120 exp 1 November 2007 (s 121)\nExpiry of pt 7\ns 121 exp 1 November 2007 (s 121)\nTransitional—Human Rights (Complaints) Legislation Amendment Act 2023\npt 8 hdg ins A2023-53 s 20\nContravention of Human Rights Act 2004 before commencement day\ns 125 ins A2023-53 s 20\nExpiry—pt 8\ns 126 ins A2023-53 s 20\n\nTransitional—Justice and Community Safety Legislation Amendment\nAct 2025\npt 9 hdg ins A2025-2 s 35\nMeaning of commencement day—pt 9\ns 127 ins A2025-2 s 35\nPerson complained about taken to be respondent\ns 128 ins A2025-2 s 35\nPerson complained about in complaint referred to ACAT not yet decided\ns 129 ins A2025-2 s 35\nExpiry—pt 9\ns 130 ins A2025-2 s 35\nReviewable decisions\nsch 1 ins A2023-29 s 13\ndict am A2005-46 s 29, s 30; A2008-36 amdts 1.361-1.363;\nA2010-10 amdt 2.68; A2010-30 amdt 1.31; A2011-22\namdt 1.255; A2015-29 amdt 2.55; A2018-42 amdt 3.64;\nA2018-32 amdt 3.24; A2020-34 s 21; A2023-29 s 14;\nA2025-29 amdt 3.169\ndef Aboriginal and Torres Strait Islander children and\nyoung people commissioner ins A2022-25 amdt 1.78\ndef Aboriginal or Torres Strait Islander child or young\nperson ins A2022-25 amdt 1.78\ndef Aboriginal or Torres Strait Islander person ins\nA2022-25 amdt 1.78\ndef act sub A2023-53 s 21\ndef applicable standard sub A2005-46 s 31\ndef child ins A2005-46 s 32\ndef children and young people commissioner ins A2005-46\ns 32\nsub A2016-1 s 32\ndef children and young people service complaint ins\nA2005-46 s 32\ndef child safe standards ins A2024-22 s 8\ndef code of conduct ins A2023-29 s 15\ndef commissioner ins A2016-1 s 33\ndef commission-initiated discrimination matter ins\nA2020-42 s 109\n\ndef complaint ins A2015-29 amdt 2.56\nsub A2015-29 amdt 3.13\nam A2018-32 amdt 3.18; A2020-42 s 110; A2023-29 s 16\ndef conciliator om A2006-44 s 23\ndef conversion practice complaint ins A2020-49 amdt 1.9\ndef conversion practice referral statement ins A2020-49\namdt 1.9\ndef corresponding law ins A2023-29 s 17\ndef disability and community services commissioner sub\nA2016-1 s 34\ndef disability service ins A2005-46 s 32\ndef discrimination commissioner ins A2005-46 s 32\nsub A2016-1 s 34\ndef discrimination complaint sub A2005-46 s 33\ndef final order ins A2023-29 s 17\ndef final report sub A2018-42 amdt 3.65\ndef health care worker ins A2023-29 s 17\ndef health professional om A2015-29 amdt 2.57\ndef health professional report om A2015-29 amdt 2.57\ndef health services commissioner sub A2016-1 s 35\ndef human rights commissioner sub A2016-1 s 35\ndef human rights complaint ins A2023-53 s 22\ndef incorporated document sub A2005-46 s 34\ndef interim order ins A2023-29 s 17\ndef justice agency ins A2020-34 s 22\ndef occupancy agreement ins A2020-48 amdt 1.10\ndef occupancy dispute ins A2020-48 amdt 1.10\ndef occupancy dispute complaint ins A2020-48 amdt 1.10\ndef occupancy dispute referral statement ins A2020-48\namdt 1.10\ndef older people service complaint am A2012-21\namdt 3.102\ndef operator ins A2019-10 s 17\ndef party am A2025-2 s 39\ndef person complained about ins A2019-10 s 17\nsub A2020-48 amdt 1.11\nam A2020-49 amdt 1.10; A2023-53 s 23; A2024-49 s 18\nom A2025-2 s 36\ndef prescribed service ins A2018-42 amdt 3.66\ndef president om A2006-44 s 24\nins A2016-1 s 36\ndef prohibition or condition order ins A2023-29 s 17\ndef public advocate ins A2016-1 s 36\nde public authority ins A2023-53 s 24\nam A2024-49 s 19\ndef public servant complaint ins A2023-29 s 17\ndef public service entity ins A2023-29 s 17\n\ndef public statement ins A2023-29 s 17\ndef register ins A2023-29 s 17\ndef registered sub A2015-29 amdt 2.58, amdt 3.14\nam A2018-32 amdt 3.19\ndef registered health practitioner ins A2018-42 amdt 3.66\ndef registered veterinary practitioner ins A2018-32\namdt 3.20\ndef registered veterinary surgeon ins A2015-29 amdt 2.59\nam A2015-29 amdt 3.15\nsub A2018-42 amdt 3.67\nom A2018-32 amdt 3.21\ndef related Act am A2015-29 amdt 2.60, amdt 2.61; pars\nrenum R20 LA; A2016-1 s 37, s 38; pars renum R21 LA;\nA2018-32 amdt 3.22; A2023-57 amdt 1.8\ndef relevant board ins A2015-29 amdt 3.16\nam A2018-32 amdt 3.23\ndef relevant professional body ins A2023-29 s 17\ndef respondent ins A2025-2 s 37\ndef retirement village complaint ins A2019-10 s 17\nsub A2025-2 s 38\ndef retirement village referral statement ins A2019-10 s 17\ndef reviewable decision ins A2023-29 s 17\ndef service for children and young people ins A2005-46\ns 35\ndef service for people with a disability om A2005-46 s 36\ndef service for victims of crime ins A2016-1 s 39\ndef sexuality or gender identity conversion practice ins\nA2020-49 amdt 1.11\ndef unlawful act ins A2008-36 amdt 1.364\ndef victims of crime commissioner ins A2016-1 s 39\ndef victims rights complaint ins A2020-34 s 22\ndef vulnerable person complaint ins A2020-14 amdt 1.92\ndef young person ins A2005-46 s 37\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 Nov 2006\n1 Nov 2006–\nA2006-44 new Act and\nA2005-46,\nA2006-3, A2006-40\nand A2006-44\n28 May 2007–\n5 Sept 2007\nA2006-47 amendments by\nA2006-47\n6 Sept 2007\n6 Sept 2007–\n1 Nov 2007\nA2007-22 amendments by\nA2007-22\n2 Nov 2007\n2 Nov 2007–\nA2007-22 commenced expiry\n29 July 2008–\n25 Aug 2008\nA2008-22 amendments by\nA2008-22\n26 Aug 2008\n26 Aug 2008–\n8 Sept 2008\nA2008-28 amendments by\nA2008-28\n9 Sept 2008\n9 Sept 2008–\n26 Oct 2008\nA2008-20\n27 Oct 2008\n27 Oct 2008–\n1 Feb 2009\nA2008-20\n2 Feb 2009\n2 Feb 2009–\n8 Mar 2010\nA2008-36\n9 Mar 2010\n9 Mar 2010–\nA2010-5 amendments by\nA2010-5\n10 June 2010–\nA2010-10 commenced expiry\n\nEarlier republications 5\nfor\n1 July 2010–\n27 Sept 2010\nA2010-10 amendments by\nA2010-10\n28 Sept 2010\n28 Sept 2010–\n20 Dec 2010\nA2010-30 amendments by\nA2010-30\n21 Dec 2010\n21 Dec 2010–\nA2010-50 amendments by\nA2010-50\n1 July 2011–\n29 Feb 2012\nA2011-22 amendments by\nA2011-22\n1 Mar 2012\n1 Mar 2012–\nA2011-48 amendments by\nA2011-48\n5 June 2012–\n6 Mar 2013\nA2012-21 amendments by\nA2012-21\n7 Mar 2013\n7 Mar 2013–\n16 Nov 2014\nA2013-8 amendments by\nA2013-8\n17 Nov 2014\n17 Nov 2014–\n30 Nov 2015\nA2014-49 amendments by\nA2014-49\n1 Dec 2015\n1 Dec 2015–\n31 Mar 2016\nA2015-29 amendments by\nA2015-29\n1 Apr 2016\n1 Apr 2016–\n23 Aug 2016\nA2016-13 amendments by\nA2016-1 and\nA2016-13\n24 Aug 2016\n24 Aug 2016–\n31 Aug 2016\nA2016-49 amendments by\nA2016-49\n1 Sept 2016\n1 Sept 2016–\n1 Mar 2017\nA2016-52 amendments by\nA2016-52\n2 Mar 2017\n2 Mar 2017–\n2 Apr 2017\nA2017-5 amendments by\nA2017-5\n3 Apr 2017\n3 Apr 2017–\n7 Dec 2017\nA2017-5 amendments by\nA2016-49\n8 Dec 2017\n8 Dec 2017–\n21 Nov 2018\nA2017-47 amendments by\nA2017-47\n22 Nov 2018\n22 Nov 2018–\n20 Dec 2018\nA2018-42 amendments by\nA2018-42\n\nfor\n21 Dec 2018\n21 Dec 2018–\nA2018-42 amendments by\nA2018-32\n21 June 2019–\nA2019-17 amendments by\nA2019-17\n1 July 2019–\nA2019-17 amendments by\nA2019-10\n14 May 2020–\n27 Aug 2020\nA2020-14 amendments by\nA2020-14\n28 Aug 2020\n28 Aug 2020–\n31 Dec 2020\nA2020-42 amendments by\nA2020-42\n1 Jan 2021\n1 Jan 2021–\n2 Mar 2021\nA2020-42 amendments by\nA2020-34\n3 Mar 2021\n3 Mar 2021–\n3 Mar 2021\nA2020-48 amendments by\nA2020-48\n4 Mar 2021\n4 Mar 2021–\n1 Apr 2021\nA2020-49 amendments by\nA2020-49\n2 Apr 2021\n2 Apr 2021–\n13 Oct 2021\nA2020-49 expiry of provision\n(s 105A)\n14 Oct 2021\n14 Oct 2021–\n29 Jan 2022\nA2021-24 amendments by\nA2021-24\n30 Jan 2022\n30 Jan 2022–\n14 Dec 2022\nA2021-24 amendments by\nA2020-48\n15 Dec 2022\n15 Dec 2022–\n16 Dec 2022\nA2022-25 amendments by\nA2022-25\n17 Dec 2022\n17 Dec 2022–\n11 Dec 2023\nA2022-25 amendments by\nA2022-11\n12 Dec 2023\n12 Dec 2023–\n6 Jan 2024\nA2023-57\n7 Jan 2024\n7 Jan 2024–\n26 Mar 2024\nA2023-29\n27 Mar 2024\n27 Mar 2024–\n10 Apr 2024\nA2023-45\n\nEarlier republications 5\nfor\n11 Apr 2024\n11 Apr 2024–\nA2023-7\n11 June 2024–\nA2023-53\nR45 (RI)\n11 June 2024–\nA2023-57 reissued for\nretrospective\nA2024-49\n1 Aug 2024\n1 Aug 2024–\nA2024-22 amendments by\nA2024-22\nR46 (RI)\n1 Aug 2024–\nA2024-22 reissued for\nretrospective\nA2024-49\n18 Sept 2024\n18 Sept 2024–\n26 Feb 2025\nA2024-49 amendments by\nA2024-41\n27 Feb 2025\n27 Feb 2025–\nA2025-2 amendments by\nA2025-2\n20 May 2025–\n15 Nov 2025\nA2025-2 amendments by\nA2025-2\n16 Nov 2025\n16 Nov 2025–\n22 Feb 2026\nA2025-29 amendments by\nA2025-29","sortOrder":185}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":914},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded substantially from its original 2005 scope. Initially focused on health services and discrimination, it has grown to cover: disability services, children and young people services, older people services, victims of crime, conversion practices, occupancy disputes, human rights complaints against public authorities, and child safe standards. The 2023-2026 amendments added significant new complaint types (human rights, conversion practices) and enforcement mechanisms (health care worker prohibition orders), transforming it from a complaints-handling body into a broader human rights and service quality regulator."},"complexity_factors":["Multiple overlapping complaint pathways with different rules (conciliation, investigation, ACAT referral)","Eight distinct commissioner roles with interrelated but separate functions","Extensive cross-referencing to other ACT legislation (Discrimination Act, Human Rights Act, Children and Young People Act, etc.)","Conditional logic for who can make complaints and when matters can be referred to ACAT","Nested exceptions and exemptions, particularly for discrimination complaints","Detailed procedural requirements for conciliation, consideration, and reporting","Health care worker code of conduct provisions with interim and final orders","Multiple transitional provisions and amendment history showing significant evolution"],"plain_english_summary":"This Act establishes the **Human Rights Commission** for the Australian Capital Territory — an independent body that handles complaints and promotes human rights across several areas.\n\n**What the Commission does:**\n- **Receives and investigates complaints** about discrimination, health services, disability services, services for children and young people, services for older people, victims' rights, conversion practices, and human rights breaches by public authorities\n- **Conciliates disputes** — helps parties reach voluntary agreements through facilitated discussion\n- **Refers serious matters to the ACT Civil and Administrative Tribunal (ACAT)** for formal hearings and orders\n- **Promotes systemic improvements** through education, research, and recommendations to government and service providers\n- **Protects vulnerable people** — including children, people with disabilities, older people, and victims of crime\n\n**Who can complain:**\n- The person directly affected (the \"aggrieved person\")\n- Their parent, guardian, or agent\n- In some cases, anyone can complain about health, disability, or older people services\n- The Commission can also initiate its own investigations\n\n**Key complaint types:**\n| Type | What it's about |\n|------|-----------------|\n| Discrimination | Unfair treatment based on protected attributes (race, sex, disability, etc.) |\n| Health services | Poor care, breaches of standards, or code of conduct by health workers |\n| Disability services | Services not meeting standards for people with disabilities |\n| Children & young people | Services failing to meet child safe standards |\n| Older people | Issues with aged care or retirement village services |\n| Human rights | Public authorities breaching the Human Rights Act 2004 |\n| Conversion practices | Harmful practices attempting to change someone's sexuality or gender identity |\n| Occupancy disputes | Disputes under residential tenancy-like agreements |\n\n**How complaints work:**\n1. Written complaint submitted to the Commission\n2. Commission assesses if it can be dealt with\n3. Attempted conciliation (voluntary resolution)\n4. If conciliation fails or is inappropriate, the Commission investigates and issues a final report\n5. For discrimination, retirement village, occupancy, and conversion practice complaints — the complainant can request referral to ACAT for binding orders\n\n**Special powers:**\n- Can require people to provide information, documents, or attend interviews\n- Can make **prohibition or condition orders** against health care workers who breach codes of conduct\n- Can issue **public statements** and **name non-complying entities**\n- Must act independently, though the Minister can request inquiries\n\n**Structure:**\nThe Commission has eight members: a President (who is also the Human Rights Commissioner), plus separate commissioners for children and young people, disability and community services, discrimination, health services, human rights, public advocacy, and victims of crime. One person can hold multiple roles.\n\n**Why it matters:**\nThis Act provides accessible, low-cost avenues for Canberrans to challenge unfair treatment, poor services, and rights violations — without needing to go to court initially. It emphasises resolving disputes through dialogue while maintaining pathways to enforceable outcomes."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. Since the original 2005 Act the statutory remit has been materially expanded. New, targeted complaint types and enforcement tools have been layered onto the core complaints-and-advocacy model: examples include the health care worker code and power to make prohibition/condition orders and public statements (div 5.3, s 94A–94Q), child safe standards for services for children and young people (pt 5A, s 94V–94X), explicit conversion‑practice complaint and ACAT referral pathways (div 4.2D, s 53ZA–53ZF), retirement‑village and occupancy dispute referral routes to ACAT (divs 4.2B–4.2C, s 53G–53X), creation and formalisation of the public advocate and victims of crime commissioner functions (s 27B, s 27C), and expanded information‑sharing and publication powers (s 99A–99C, s 86). These additions broaden the commission’s regulatory and enforcement remit beyond an original emphasis on education, systemic review and conciliation (s 6, s 14) to include quasi‑regulatory sanctions, registers, mandatory reporting/response duties and closer operational interaction with tribunal and professional‑regulatory bodies (see s 92–94)."},"complexity_factors":["Lengthy multi-part structure (Parts 1–9, plus Schedule) with numerous divisions and subsections across complaints, health regulation, information sharing and transitional rules","Extensive dictionary and defined terms section with dozens of definitions (many terms used throughout the Act) (see Dictionary and s 3)","Multiple complaint types and specialist pathways (health, disability, children & young people, older people, victims rights, vulnerable persons, discrimination, conversion practice, occupancy disputes, human rights) (see s 39–42)","Numerous cross-references to other Territory and Commonwealth laws (e.g. Discrimination Act 1991; Human Rights Act 2004; Health Practitioner Regulation National Law (ACT); Retirement Villages Act 2012; Residential Tenancies Act 1997; Sexuality and Gender Identity Conversion Practices Act 2020; Victims of Crime Act 1994; Children and Young People Act 2008)","Multiple conditional procedures and exceptions (commission-initiated considerations, consent rules for vulnerable persons, public service complaint processes, exceptions to notice requirements) (see s 48, s 52B, s 94D)","Several referral and deadline mechanisms with strict procedural consequences (60‑day ACAT referral windows, 45‑day response to recommendations, 8‑week cap on interim orders) (see s 53A, s 85, s 94G)","Interaction between administrative remedies (conciliation, reports, publication) and tribunal powers (ACAT referral and orders) requiring coordination and different evidentiary approaches","Significant enforcement and criminal elements (penalty units, imprisonment for non‑compliance and victimisation; strict liability offences) (see s 73–75, s 98, s 94O–94P)","Delegated rule-making and governance instruments (regulations, disallowable instruments, protocols, approved forms) that expand operational detail beyond the primary Act (see s 89, s 18A–18C, s 103–105)","Multiple recent amendments and transitional provisions (incremental additions such as div 5.3 health care worker regime and Part 5A child safe standards) increasing cross-part complexity and conditional logic"],"plain_english_summary":"**What the Act does (mechanics)\n\n- Establishes the Australian Capital Territory Human Rights Commission (the commission) and sets out who sits on it (president and specialist commissioners) and how it operates (meetings, delegation, governance protocols) (see s 11–18C).  \n\n- Creates a statutory complaints system for a range of services and public-authority actions. Complaints types include: health services, disability services, services for children and young people, services for older people, victims’ rights, vulnerable-person treatment, discrimination, conversion-practice complaints, occupancy disputes and human rights complaints against public authorities (see s 39–41D, s 42).  \n\n- Gives the commission a structured process to handle complaints: intake/allocation, preliminary consideration (including commission-initiated inquiries), conciliation (mediation), formal consideration (powers to require information and attendance), closure and reporting. The commission may refer some matters to the ACT Civil & Administrative Tribunal (ACAT) or other statutory office-holders (see divs 4.1–4.5, s 48, s 52A, and the referral rules in divs 4.2A–4.2D).\n\n- Provides specific powers and remedies for particular complaint categories. For discrimination, retirement-village, occupancy, conversion-practice and some other matters the complainant can, after the commission closes a matter, require a referral to ACAT within a 60‑day window; ACAT can then make orders including compensation (see s 53A–53ZF, s 88–88C).\n\n- Introduces a health-care-worker code of conduct regime that is separate from regulated health‑practitioner boards. Under that regime the commission may prescribe a code by regulation, investigate breaches, and make interim or final prohibition/condition orders or public statements where there is a serious public‑health or safety risk (see div 5.3, s 94A–94Q). The commission must keep a public register of current orders (s 94Q).\n\n- Enables the Minister and the president to require and publish governance documents (governance/corporate support protocol, client service charter, operations protocol) and imposes transparency and reporting obligations on the commission (see s 18A–18C, s 87).\n\n- Regulates information handling: secrecy offences, limited information‑sharing between commissioners and other statutory office‑holders, protections for people who give information (including limited immunity for officials acting honestly and without recklessness) and carefully circumscribed exceptions where disclosure is allowed (see s 99–99C, s 100–100A).\n\n- Creates offences and penalties for non‑compliance (e.g. failing to comply with a notice, victimisation, non‑compliance with orders) and imposes reporting and response duties on entities to respond to commission recommendations (see s 73–75, s 85–86, s 98, s 94O–94P).\n\n\nWho this affects\n\n- Users of services in the ACT: people receiving health care, disability services, services for children and young people, services for older people, victims of crime, and occupants (s 6A, s 7–9A, s 41A).  \n- Providers: public and private organisations and individuals who deliver these services, including employers, volunteers and funding bodies (see s 10).  \n- Health and veterinary practitioners and other individual health care workers who may be subject to special investigatory or order powers (div 5.2–5.3).  \n- Public authorities whose acts can be complained about as human rights complaints (s 41D).  \n- The Territory and Minister (who can direct inquiries and receives the commission’s reports) and ACAT (which can be asked to hear referred matters).\n\n\nWhy it matters (practical consequences and incentives)\n\n- Enforcement and reputational tools: the commission can require documents and witness attendance, publish names and warnings, and make public statements or prohibition orders about health care workers (s 73–75, s 86, s 94G–94I). Those powers create direct compliance incentives on providers (they must respond to information requests and to recommendations within stated times or face publication) and reputational incentives (publication or register listings).\n\n- Multiple dispute pathways: many complaints are meant to resolve by conciliation (mediation), but parties have a time-limited route to ACAT for certain closed matters (60 days after a referral statement) (see s 51, s 53A, s 88). That design encourages earlier settlement while preserving a tribunal option for unresolved disputes.\n\n- Administrative burden and costs: providers will need processes to respond to commission information requests, to implement child‑safe or health codes if prescribed, to train staff, and to record and display complaint‑information at premises (s 95, s 94V, s 89–90). These are compliance costs borne mainly by providers; the commission and the Territory bear administrative costs for running the system.\n\n- Decision-makers and timelines: the commission (and the president) decides allocation, investigations and publication (subject to statutory limits); ACAT provides judicial-style remedies when referrals occur. Multiple statutory time limits, notice and consultation steps (e.g. 60‑day referral window, 45‑day response time to recommendations, 8‑week max interim order) structure how fast parties must act (see s 53A, s 85, s 94G).\n\n\nAnalyst’s assessment of trade‑offs, risks and practical implementation points (source‑based)\n\n- Concentrated vs diffuse costs: regulated providers (especially health‑service providers, retirement‑village operators, and those offering services to vulnerable people) face concentrated compliance costs; the benefits (improved dispute resolution, public reporting, systemic reviews) are dispersed across the community (see s 14, s 83).  \n- Substitution effects: the Act permits commission‑initiated consideration and referral to other statutory office‑holders or to ACAT (s 48, s 52A). That means some disputes will migrate out of ordinary contractual or civil channels.  \n- Behavioural incentives from publication and orders: the power to publish names and details of non‑complying entities (s 86) and to issue prohibition orders or public warnings about health care workers (s 94G–94I) creates a practical incentive to settle or remediate quickly.  \n- Implementation and coordination risk: the Act cross‑links many other laws and bodies (for example the Health Practitioner Regulation National Law (ACT), Discrimination Act 1991, Human Rights Act 2004, Retirement Villages Act 2012, Residential Tenancies Act 1997 and Sexuality and Gender Identity Conversion Practices Act 2020). Effective use of referrals, information sharing and avoiding duplicated investigations depends on inter‑agency protocols and the operations protocol the president must publish (see s 18C, s 52A, s 92–94).  \n- Compliance and legal risk for individuals: the Act removes some privilege against self‑incrimination for commission inquiries in specified contexts (s 75) and creates criminal penalties for obstructing inquiries or for victimisation (s 73–75, s 98).  \n\n\nKey sections to consult quickly\n\n- Commission and functions: s 11–16, s 14.  \n- Types of complaints and who may complain: s 39–44, s 42.  \n- Complaint handling and powers (info, attendance): div 4.2–4.4 (especially s 48, s 51, s 73–75).  \n- Referral to ACAT and tribunal remedies: divs 4.2A–4.2D (s 53A et seq.).  \n- Health care worker code and prohibition orders/public statements: div 5.3 (s 94A–94Q).  \n- Information handling and secrecy: s 99–99C.  \n- Publication and enforcement of recommendations: s 85–86.\n\n\nThis summary describes the Act’s mechanics and likely practical effects; the Act itself sets out the policy objectives (eg, to promote human rights and welfare) but the text implements those aims by building investigatory, conciliatory and — where necessary — coercive regulatory tools (see s 6 and s 14)."}},"importantCases":[],"_links":{"self":"/api/acts/human-rights-commission-act-2005","history":"/api/acts/human-rights-commission-act-2005/history","analysis":"/api/acts/human-rights-commission-act-2005/analysis","conflicts":"/api/acts/human-rights-commission-act-2005/conflicts","importantCases":"/api/acts/human-rights-commission-act-2005/important-cases","documents":"/api/acts/human-rights-commission-act-2005/documents"}}