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Human Rights Commission Act 2005
78When complaints can be closed
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78 When complaints can be closed
(1) The commission may close a complaint at any time if—
(a) more than 2 years have elapsed since the circumstances that
gave rise to the complaint happened; or
(b) the complainant has, without good reason, failed to take
reasonable steps to resolve the complaint; or
(c) the complainant has failed to comply with a requirement under
section 73 (Power to ask for information, documents and other
things) or section 74 (Requiring attendance etc); or
(d) the complainant tells the commission that the complainant
wishes to withdraw the complaint, whether or not because it has
been conciliated to the complainant’s satisfaction; or
(e) the complaint has been referred to a national board under the
Health Practitioner Regulation National Law (ACT) or to the
veterinary practitioners board; or
(f) the commission considers that conciliation is unlikely to
succeed; or
(g) the matters raised by the complaint have been successfully
conciliated; or
(h) the commission is satisfied, taking into account all the
circumstances, that further consideration of the complaint is not
justified.
(2) The commission must close a complaint made to it if—
(a) the complaint is not a complaint that may be made under this
Act; or
Note For complaints that may be made under this Act, see s 42.
(b) the complaint is not made by a person who may make a
complaint under this Act; or
Note For people who may make a complaint under this Act, see s 43.
(c) satisfied that—
(i) the complainant has been given a reasonable explanation
and the complaint needs no further action by the
commission; or
(ii) the complaint is frivolous, vexatious or not made honestly;
or
(iii) the matters raised by the complaint have been, or are being,
dealt with by a court or tribunal or have been dealt with by
the commission; or
(iv) the complaint lacks substance; or
Example of complaint lacking substance
The complaint is about discrimination, but the discrimination is not an
unlawful act under the Discrimination Act 1991.
(d) the complaint is a discrimination complaint, occupancy dispute
complaint, retirement village complaint or a conversion practice
complaint that has been referred to the ACAT; or
(e) the complaint has been dealt with to the commission’s
(f) the complaint has been referred under section 52A (Referral to
appropriate statutory office-holder); or
(g) the complaint has otherwise been resolved.