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Human Rights Commission Act 2005
53YOccupancy dispute complaints—other options for
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53Y Occupancy dispute complaints—other options for
dispute resolution
Nothing in this division requires a complainant to attempt to resolve
a complaint under the Residential Tenancies Act 1997 before making
a complaint under this Act.
Division 4.2D Conversion practice complaints to
ACAT
53ZA Conversion practice complaints—referral
(i) a complainant is given a conversion practice referral
statement under section 45 (3) (g); or
(ii) a statement under section 82C (1) is included in a final
report in relation to a complaint; and
(b) within 60 days after the day the statement is given, the
complainant requires the commission to refer the complaint to
the ACAT.
53ZB Conversion practice complaints—late application in
(a) a complainant has been given a statement under section 45 (3)
(g) or section 82C (1); and
53ZBA Referral of commission-initiated (conversion practice)
section 84 for a commission-initiated (conversion practice)
(2) The commission may refer a commission-initiated (conversion
practice) matter to the ACAT within 60 days after the report has been
(3) If the commission refers a commission-initiated (conversion practice)
Conversion practice complaints to ACAT Division 4.2D
commission-initiated (conversion practice) consideration means a
commission-initiated consideration that relates to a sexuality or
gender identity conversion practice.
commission initiated (conversion practice) matter means a matter or
complaint under commission-initiated (conversion practice)
consideration that involves an act that is unlawful under the Sexuality
and Gender Identity Conversion Practices Act 2020.
53ZC Conversion practice complaints—parties to ACAT
53ZD Conversion practice complaints—commission to give
53ZE Conversion practice complaints—ACAT orders
(b) the ACAT is satisfied that the respondent engaged in a harmful
practice.
(2) The ACAT may make 1 or more of the following orders:
(a) that the respondent not repeat or continue the harmful practice;
(b) that the respondent perform a stated reasonable act to redress
any loss or damage suffered by a person because of the harmful
practice;
(c) unless the complaint has been dealt with as a representative
complaint—that the respondent pay to a person a stated amount
by way of compensation for any loss or damage suffered by the
person because of the harmful practice;
(d) any other order the ACAT considers appropriate.
(3) In making an order under subsection (2) (c), the ACAT—
(a) must consider—
(i) the inherent dignity of all people and the impact of the
sexuality or gender identity conversion practice on the
person’s dignity; and
(ii) the nature of the sexuality or gender identity conversion
practice; and
(iii) any mitigating factors; and
(b) may consider any other matter the ACAT considers relevant.
Examples—par (a) (i)—impact of sexuality or gender identity conversion
practice
distress, humiliation, loss of self-esteem, loss of enjoyment of life
Example—par (a) (iii)
a public apology
harmful practice means a sexuality or gender identity conversion
practice that caused, or is likely to cause, harm to a person or
otherwise has adversely affected, or is likely to adversely affect, a
person’s rights, interests or welfare.
representative complaint means a complaint that is dealt with by the
commission as a representative complaint under section 71.
53ZF Conversion practice complaints—no monetary limit on
The ACAT is not, in exercising the jurisdiction conferred on it by this
division, limited in the amount of money that it may order to be paid.