Human Rights Commission Act 2005
52BDealing with vulnerable person complaints
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52B Dealing with vulnerable person complaints (1) Before taking either of the following actions in relation to a vulnerable person complaint, the commission must obtain the consent of the vulnerable person the subject of the complaint: (a) telling the respondent, in writing, that the complaint is to be considered under section 45 (3) (c); (b) referring a complaint to a statutory office-holder under section 52A. (2) However, consent is not required— (a) if the person is not capable of giving consent, even with appropriate support; or (b) if it is not appropriate to obtain consent because of the seriousness of the complaint or the risk of harm to the vulnerable person; or
(c) if the person is not capable of giving free or voluntary consent; or (d) if the commission cannot access the person to seek their consent.