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Human Rights Commission Act 2005
45Commission’s obligation to be prompt and efficient
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45 Commission’s obligation to be prompt and efficient
(1) The commission must deal with complaints promptly and efficiently.
(2) Without limiting subsection (1), the commission may make any
preliminary inquiry it considers necessary and appropriate to decide
how to deal with a complaint.
(3) Without limiting subsection (1), in dealing with a complaint, the
commission must—
(a) allocate each complaint as soon as possible; and
(b) if the commission decides to consider the complaint by a
commission-initiated consideration under section 48 (2)—tell
the person who made the complaint, in writing, about the
decision and that the person will not receive progress reports
about the consideration; and
(c) unless subsection (5) applies—before considering the
complaint, tell the complainant and the respondent, in writing,
that the complaint is to be considered; and
(d) if the complaint is a discrimination complaint (other than a
matter under commission-initiated consideration) and the
referred for conciliation and include a discrimination referral
statement with the notice; and
(e) if the complaint relates to a service provided by the operator of
a retirement village under the Retirement Villages Act 2012 and
the commission decides not to refer the complaint for
conciliation—tell the complainant, in writing, that the complaint
will not be referred for conciliation and include a retirement
village referral statement with the notice; and
(f) if the complaint is an occupancy dispute complaint and the
referred for conciliation and include an occupancy dispute
referral statement; and
(g) if the complaint is a conversion practice complaint and the
referred for conciliation and include a conversion practice
referral statement with the notice; and
(h) tell the complainant, in writing, how consideration of the
complaint by the commission is progressing not later than—
(i) 6 weeks after the last time the commission told the
complainant, in writing, (by a progress report) about the
complaint’s progress; or
(ii) if the latest progress report includes a statement to the
effect that, for stated reasons, a further progress report will
not be provided until a stated time or event—the time or
the happening of the event stated in the latest progress
report; and
(i) if the complaint is closed for any reason—tell the complainant
and the respondent, in writing, that the complaint has been
closed within 4 weeks after the day the complaint is closed.
Examples—par (h) (ii)
1 A complainant tells the commission that she is going overseas for
3 months. The commission may tell the complainant that the next
progress report will not be given until the complainant returns from
overseas and notifies the commission.