23February 2026. It also includes any commencement, amendment, repeal or expiry affecting

23 February 2026. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 February 2026. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). contents 1 Page 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 2 6 Main objects of Act 3 6A What is a prescribed service? 4 7 What is a health service? 5 8 What is a disability service? 5 8A What is a service for children and young people? 6 9 What is a service for older people? 7 9A What is a service for victims of crime? 7 10 Who is a provider? 7 Page contents 2 Human Rights Commission Act 2005 Division 3.1 Establishment, constitution and functions of commission 11 Establishment of commission 9 12 Members of commission 9 13 Commission’s collegiate nature to be promoted 9 14 Commission’s functions 10 15 Functions and human rights 11 16 Independence of commission 11 17 Minister’s directions 11 18 President’s functions 11 18A Governance and corporate support protocol 14 18B Client services charter 15 18C Operations protocol 15 18D Appointment of commission members 16 18E Ending appointments 16 18F Delegation of member’s functions 17 Division 3.3 Children and young people commissioner 19B Children and young people commissioner’s functions 18 19C Advisory committees for services for children and young people 19 Division 3.4 Disability and community services commissioner 21 Disability and community services commissioner’s functions 19 23 Discrimination commissioner’s functions 20 Division 3.6 Health services commissioner 25 Health services commissioner’s functions 21 Division 3.7 Human rights commissioner 27 Human rights commissioner’s functions 21 27B Public advocate’s functions 22 27BA Public advocate to report to ACAT 24 Page contents 3 27BB Disclosure of information about investigations by public advocate 24 27BC Engagement of lawyer by public advocate 25 Division 3.7B Victims of crime commissioner 27C Victims of crime commissioner’s functions 25 30 Time and place of commission meetings 25 31 Presiding member at meetings 26 32 Quorum at meetings 26 33 Voting at meetings 26 34 Individual with more than 1 role 26 35 Conduct of meetings etc 27 Division 3.10 Consultants of commission 37 Consultants of commission 27 38 Outline—div 4.1 28 39 When may someone complain about a health service? 28 40 When may someone complain about a disability service? 29 40A When may someone complain about a service for children and young people? 30 41 When may someone complain about a service for older people? 30 41A When may someone complain about an occupancy dispute? 31 41B When may someone complain about treatment of vulnerable people? 31 41C Victims rights complaints 32 41D Human rights complaints 33 42 What complaints may be made under this Act? 34 43 Who may make a complaint under this Act? 35 44 Complaint to be in writing 37 44A Amendment of complaint 38 45 Commission’s obligation to be prompt and efficient 38 46 Complainant’s obligations in relation to complaint 41 47 Outline—div 4.2 43 Page contents 4 Human Rights Commission Act 2005 48 Consideration without complaint or appropriate complainant 44 49 Treatment of complaint if complaint dealt with as commission-initiated consideration 46 51 Referring complaints for conciliation 46 51A Referral of advocacy matters—children and young people 46 51B Referral of advocacy matters—vulnerable people 47 52 Considering complaints 48 52A Referral to appropriate statutory office-holder 48 52B Dealing with vulnerable person complaints 49 52C Effect of declaration made under Children and Young People Act 2008 50 53 Definitions—div 4.2A 50 53A Referral of discrimination complaints other than commission-initiated discrimination matters 51 53B Late application in exceptional circumstances 51 53BA Referral of commission-initiated discrimination matters 52 53C Parties to ACAT proceeding on discrimination complaint 52 53CA Onus of establishing complaint about discrimination etc 53 53D Reliance on exceptions and exemptions 54 53DA Commission to give information etc to ACAT 54 53DB Consideration of positive duty 55 53E Kinds of orders—unlawful acts under the Discrimination Act 55 53EA Effect of declaration made under Children and Young People Act 2008 56 53G Application—div 4.2B 57 53H Retirement village complaints—referral 57 53I Retirement village complaints—late application in exceptional circumstances 58 53IA Referral of commission-initiated (retirement villages) matter 58 53J Retirement village complaints—parties to ACAT proceeding 59 53K Retirement village complaints—ACAT jurisdiction 59 53L Retirement village complaints—commission to give information etc to ACAT 60 53M Retirement village complaints—ACAT orders 60 Page contents 5 53N Retirement village complaints—no monetary limit on jurisdiction of ACAT 60 53O Retirement village complaints—other options for dispute resolution 61 53Q Application—div 4.2C 61 53R Occupancy dispute complaints—referral 61 53S Occupancy dispute complaints—late application in exceptional circumstances 62 53SA Referral of commission-initiated (occupancy dispute) matter 62 53T Occupancy dispute complaints—parties to ACAT proceeding 63 53U Occupancy dispute complaints—ACAT jurisdiction 63 53V Occupancy dispute complaints—commission to give information etc to ACAT 64 53W Occupancy dispute complaints—ACAT orders 64 53X Occupancy dispute complaints—monetary limit on jurisdiction of ACAT 64 53Y Occupancy dispute complaints—other options for dispute resolution 65 53ZA Conversion practice complaints—referral 65 53ZB Conversion practice complaints—late application in exceptional circumstances 66 53ZBA Referral of commission-initiated (conversion practice) matter 66 53ZC Conversion practice complaints—parties to ACAT proceeding 67 53ZD Conversion practice complaints—commission to give information etc to ACAT 67 53ZE Conversion practice complaints—ACAT orders 68 53ZF Conversion practice complaints—no monetary limit on jurisdiction of ACAT 69 54 Outline—div 4.3 69 55 What is conciliation? 69 56 Delegation of commission’s function of conciliation 70 57 Parties to conciliation 70 58 Request for third party to attend 71 59 Compulsory attendance at conciliation 71 60 Conduct of conciliation 71 Page contents 6 Human Rights Commission Act 2005 62 Conciliated agreements 72 63 Use of conciliation agreement by commission 72 65 End of conciliation 73 66 Admissibility of evidence 73 67 Conciliation attendees protected from civil liability 74 68 Outline—div 4.4 74 69 Purpose of considering complaints 74 70 Single consideration of several complaints 74 71 Representative complaints 75 71A Commission may treat new entity as respondent 75 72 Conduct of consideration 76 73 Power to ask for information, documents and other things 76 74 Requiring attendance etc 78 75 Privileges against self-incrimination and exposure to civil penalty 80 76 Commission may keep document or other thing etc 81 77 Outline—div 4.5 81 78 When complaints can be closed 82 79 Reopening complaints 84 80 How complaints are closed 84 81 Final report 85 82 Closing discrimination complaints 85 82A Closing retirement village complaints 86 82B Closing occupancy dispute complaints 86 82C Closing conversion practice complaints 87 82D Closing human rights complaints if conciliation unlikely to succeed 88 83 Third-party reports 89 84 Commission-initiated reports 90 85 Responding to recommendations 91 86 Publication of name and details of non-complying entity 91 86A Publication of information in relation to human rights complaints 93 87 Reporting to Minister 93 88 Discrimination referral statements 94 Page contents 7 88A Retirement village referral statements 94 88B Occupancy dispute referral statements 95 88C Conversion practice referral statements 95 Part 5 Additional matters for health service complaints Division 5.1 Health code of health rights and responsibilities 89 Approval of health code 96 90 Contents of health code 96 Division 5.2 Relationship between commission, health profession boards and veterinary practitioners board 91 Meaning of registered health practitioner and registered veterinary practitioner—div 5.2 97 92 Referral of complaints to boards 97 93 Complaints referred to veterinary practitioners board 98 94 Consideration of complaints 98 94A Definitions—div 5.3 99 94B Meaning of health care worker—div 5.3 100 94C Code of conduct may be prescribed 101 94D Code of conduct breach by public servants 101 94E Code of conduct breach by public servants—information sharing 102 94F Principles for making prohibition or condition order or public statement 103 94G Interim prohibition or condition order 104 94H Final prohibition or condition order 105 94I Public statement about health care worker or health service 106 94J Statement of reasons for prohibition or condition order or public statement 108 94K Correction of public statement 109 94L Variation of prohibition or condition order 109 94M Cancellation of prohibition or condition order 110 94N Health care worker must give notice of registration as health practitioner 111 94O Non-compliance with prohibition or condition order 112 94P Non-compliance with corresponding prohibition or condition order 112 Page contents 8 Human Rights Commission Act 2005 94Q Commission to keep register 113 94R Exchange of information 113 94S Meaning of reviewable decision––div 5.4 113 94T Reviewable decision notices 114 94U Applications for review 114 Part 5A Child safe standards 94V Child safe standards 115 94W Implementing child safe standards 115 94X Review of child safe standards 115 95 Information about complaints 116 96 Inspection of incorporated documents 116 97 Notification of certain incorporated documents 117 98 Victimisation etc 119 99 Secrecy 119 99A Information sharing between commissioners 121 99B Information sharing with Aboriginal and Torres Strait Islander children and young people commissioner 122 99C Cooperation with Aboriginal and Torres Strait Islander children and young people commissioner’s office 124 100 Protection of officials from liability 124 100A Protection of others from liability 125 100B Independence of DPP 125 101 Intergovernmental arrangements 126 102 Exercise of functions under intergovernmental arrangement 126 103 Determination of fees and expenses for people asked to attend conciliation 127 104 Approved forms 127 105 Regulation-making power 127 Part 8 Transitional—Human Rights (Complaints) Legislation Amendment Act 2023 125 Contravention of Human Rights Act 2004 before commencement day 128 Page contents 9 126 Expiry—pt 8 128 Part 9 Transitional—Justice and Community Safety Legislation Amendment Act 2025 127 Meaning of commencement day—pt 9 129 128 Person complained about taken to be respondent 129 129 Person complained about in complaint referred to ACAT not yet decided 129 130 Expiry—pt 9 129 Schedule 1 Reviewable decisions 130 Dictionary 131 1 About the endnotes 141 2 Abbreviation key 141 3 Legislation history 142 4 Amendment history 150 5 Earlier republications 170 An Act to establish the Human Rights Commission, and for other purposes