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Human Rights Commission Act 2005
83Third-party reports
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83 Third-party reports
(1) The commission may give a third party a report (a third-party report)
other than a final report if, in considering a complaint, the
commission is satisfied—
(a) that—
(i) the third party has acted inconsistently with an applicable
standard that applies to the third party, or is otherwise
failing to adequately do something the third party is
required to do; or
Note Applicable standard—see the dictionary.
(ii) the report is about matters of public policy; or
(iii) the report is about matters that the third party has an
appropriate interest in; and
(b) that it is in the public interest to give the report.
Examples—people to whom third-party report may be given
1 a Minister
2 a non-government provider
3 the employer of the respondent
4 the veterinary practitioners board
5 a hospital or other institution where services are provided by the respondent
6 a funding body
Examples—what third-party report may be about
1 systemic issues
2 issues of public interest
3 issues relating to safety
(2) A third-party report need not be limited to matters raised by the
(3) A third-party report given by the commission in considering a human
rights complaint may recommend any action the commission
considers the third party should take to ensure their acts and decisions
are compatible with human rights.
(4) If a third-party report recommends that action be taken, it must state
(5) However, the commission must not include an adverse comment in
relation to a person in a third-party report unless the commission has
given the person a reasonable opportunity to respond to the proposed
comment.
(6) To remove any doubt, a third-party report may be made after a final
report has been made, whether or not the respondent has complied
with any recommendation made to them.
(7) In this section:
third-party means an entity other than the complainant or the