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Human Rights Commission Act 2005
43Who may make a complaint under this Act?
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43 Who may make a complaint under this Act?
(1) A complaint about an act, service or conduct may be made to the
commission under this Act by—
(a) a person (the aggrieved person) aggrieved by the act, service or
conduct; or
(b) an agent of the aggrieved person; or
(c) if the aggrieved person is a child or young person—a parent or
guardian of the aggrieved person; or
(d) if a person has guardianship or control of the affairs of the
aggrieved person under another law or an order of a court or
tribunal—that person; or
(e) if the aggrieved person cannot complain for any reason and
no-one has guardianship or control of the aggrieved person’s
affairs under another law or an order of a court or tribunal—a
person approved by the commission to make a complaint for the
aggrieved person; or
(f) if the complaint is a discrimination complaint—a person who
has a sufficient interest in the complaint; or
(g) if the complaint is a health service complaint, disability service
complaint or older people service complaint—anyone; or
(h) if the complaint is an occupancy dispute complaint—an
occupant under the occupancy agreement.
Note 1 If a complaint is made under par (g) by a person who could not otherwise
complain under another paragraph, the commission may conduct a
commission-initiated consideration into the matters raised by the
complaint (see s 48 (2)).
Note 2 If a person’s victims rights concern is referred to the commission, the
person is taken to have made a victims rights complaint (see s 41C).
(2) For subsection (1) (a), if the complaint is a human rights complaint—
an aggrieved person includes a person who would be aggrieved by
the act.
(3) For subsection (1) (f), a person has a sufficient interest in a complaint
if the conduct complained about is a matter of a genuine concern to
the person because of the way conduct of that kind adversely affects,
or has the potential to adversely affect, the interests of the person or
interests or welfare of anyone the person represents.
(4) To remove any doubt—
(a) no-one may be required to make a complaint; and
(b) an aggrieved person may make a complaint under subsection (1)
(a) even though the person is under a legal disability (for
example, if a child is aggrieved, the child may make a
complaint); and
(c) if a complaint is made under subsection (1) (g)—the
complainant cannot require the complaint to be considered.
(5) To remove any doubt, a carer may make a complaint as an agent of
the aggrieved person under subsection (1) (b) even though the carer
is under a legal disability (for example, if a child is a carer of the
aggrieved person, the child may make a complaint as an agent of the
person).
(6) A person may act as the agent of the aggrieved person only if the
person is—
(a) authorised in writing to act for the aggrieved person; or
(b) authorised by the commission to act for the aggrieved person.
(7) A person mentioned in subsection (1) (f) may make a complaint only
if the aggrieved person consents to the making of the complaint.
(8) The commission may authorise a person to act as the agent of the
aggrieved person only if the commission is satisfied, on reasonable
grounds, that the aggrieved person cannot for any reason make a
complaint or authorise a person to make a complaint for the aggrieved
(9) A single complaint may be made by or for 2 or more aggrieved
people.