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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.