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Human Rights Act 2019
sec.65Requirements for making human rights complaint to commissioner
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### sec.65 Requirements for making human rights complaint to commissioner
A person may make a human rights complaint to the commissioner only if—
the commissioner is satisfied the person has made a complaint to the public entity about the alleged contravention the subject of the complaint; and
a complaint made to the public entity under the entity’s system or procedures for complaints management
at least 45 business days have elapsed since the complaint mentioned in paragraph (a) was made; and
the person has not received a response to the complaint or has received a response the person considers to be an inadequate response.
However, the commissioner may accept a complaint made before the period mentioned in subsection (1) (b) has elapsed if the commissioner considers it appropriate because of exceptional circumstances.
(sec.65-ssec.1) A person may make a human rights complaint to the commissioner only if— the commissioner is satisfied the person has made a complaint to the public entity about the alleged contravention the subject of the complaint; and a complaint made to the public entity under the entity’s system or procedures for complaints management at least 45 business days have elapsed since the complaint mentioned in paragraph (a) was made; and the person has not received a response to the complaint or has received a response the person considers to be an inadequate response.
(sec.65-ssec.2) However, the commissioner may accept a complaint made before the period mentioned in subsection (1) (b) has elapsed if the commissioner considers it appropriate because of exceptional circumstances.
- (a) the commissioner is satisfied the person has made a complaint to the public entity about the alleged contravention the subject of the complaint; and Example of making a complaint for paragraph (a) — a complaint made to the public entity under the entity’s system or procedures for complaints management
- (b) at least 45 business days have elapsed since the complaint mentioned in paragraph (a) was made; and
- (c) the person has not received a response to the complaint or has received a response the person considers to be an inadequate response.