ACTIn ForceAct
Human Rights Commission Act 2005
2The commission decides that it cannot consider a complaint further until
Start here
Get a plain-English read of 2
Turn the raw legal text into a practical explanation grounded in Human Rights Commission Act 2005.
2 The commission decides that it cannot consider a complaint further until
an expert report about the complainant’s medical condition is provided.
The commission may tell the complainant that the next progress report
will not be given until 1 week after the commission receives the expert
report.
(4) The commission need not consider a complaint if satisfied that—
(a) the complaint—
(i) is frivolous, vexatious or not made honestly; or
(ii) lacks substance; or
(iii) is to be referred to another statutory officer-holder or dealt
with by a national board under the Health Practitioner
Regulation National Law (ACT); or
(iv) cannot be made by the complainant under the Act; or
(v) cannot otherwise be made under the Act; or
(b) the complainant has been given a reasonable explanation and the
complaint needs no further action by the commission; or
(c) the matters raised by the complaint have been, or are being, dealt
with by a court or tribunal or have been dealt with by the
commission; or
(d) the complainant withdraws the complaint, whether in writing or
otherwise, before notice of the complaint has been given to the
(5) The commission need not give notice to the respondent under
subsection (3) if, because of subsection (4), it decides—
(a) not to consider the complaint; or
(b) not to consider the complaint further.
(6) Also, for a commission-initiated consideration of a vulnerable person
complaint, the commission—
(a) for subsection (3) (b)—may tell the person who made the
complaint orally; and
(b) for subsection (3) (c), if the commission decides that it is not
appropriate, because of the risk to the vulnerable person, to tell
either the complainant or the respondent—need not tell them.