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Human Rights Act 2019
sec.73Commissioner may refer human rights complaint to other entities
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### sec.73 Commissioner may refer human rights complaint to other entities
If the subject of a human rights complaint could be the subject of a complaint under the Ombudsman Act 2001 , the commissioner may refer the human rights complaint to the ombudsman.
If the subject of a human rights complaint could be the subject of a health service complaint under the Health Ombudsman Act 2013 , the commissioner may refer the human rights complaint to the health ombudsman.
If the subject of a human rights complaint could be the subject of a complaint about corruption made under the Crime and Corruption Act 2001 , the commissioner may refer the human rights complaint to the Crime and Corruption Commission.
If the subject of a human rights complaint could be the subject of a privacy complaint under the Information Privacy Act 2009 , the commissioner may refer the human rights complaint to the information commissioner.
If the subject of a human rights complaint could be the subject of an NDIS complaint, the commissioner may refer the human rights complaint to the NDIS commissioner.
However, the commissioner may only refer a human rights complaint under this section—
with the complainant’s consent; and
if the commissioner considers the complaint would be more appropriately dealt with by the entity to whom it is referred.
If the commissioner refers a human rights complaint to an entity under this section, the commissioner—
may, with the consent of the complainant, give the entity information about the complaint obtained by the commissioner under this part; and
must give the complainant a notice stating the complaint has been referred to the entity.
In this section—
NDIS complaint means a complaint mentioned in the National Disability Insurance Scheme Act 2013 (Cwlth) , section 181G .
(sec.73-ssec.1) If the subject of a human rights complaint could be the subject of a complaint under the Ombudsman Act 2001 , the commissioner may refer the human rights complaint to the ombudsman.
(sec.73-ssec.2) If the subject of a human rights complaint could be the subject of a health service complaint under the Health Ombudsman Act 2013 , the commissioner may refer the human rights complaint to the health ombudsman.
(sec.73-ssec.3) If the subject of a human rights complaint could be the subject of a complaint about corruption made under the Crime and Corruption Act 2001 , the commissioner may refer the human rights complaint to the Crime and Corruption Commission.
(sec.73-ssec.4) If the subject of a human rights complaint could be the subject of a privacy complaint under the Information Privacy Act 2009 , the commissioner may refer the human rights complaint to the information commissioner.
(sec.73-ssec.5) If the subject of a human rights complaint could be the subject of an NDIS complaint, the commissioner may refer the human rights complaint to the NDIS commissioner.
(sec.73-ssec.6) However, the commissioner may only refer a human rights complaint under this section— with the complainant’s consent; and if the commissioner considers the complaint would be more appropriately dealt with by the entity to whom it is referred.
(sec.73-ssec.7) If the commissioner refers a human rights complaint to an entity under this section, the commissioner— may, with the consent of the complainant, give the entity information about the complaint obtained by the commissioner under this part; and must give the complainant a notice stating the complaint has been referred to the entity.
(sec.73-ssec.8) In this section— NDIS complaint means a complaint mentioned in the National Disability Insurance Scheme Act 2013 (Cwlth) , section 181G .
- (a) with the complainant’s consent; and
- (b) if the commissioner considers the complaint would be more appropriately dealt with by the entity to whom it is referred.
- (a) may, with the consent of the complainant, give the entity information about the complaint obtained by the commissioner under this part; and
- (b) must give the complainant a notice stating the complaint has been referred to the entity.