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Legislative Assembly for the ACT: 1996 Week 12 Hansard (21 November) . . Page.. 4242 ..


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This model, which separates the investigation and conciliation functions, giving them to the Commissioner, and the hearing function, which goes to the Tribunal, is consistent with established practice in most other jurisdictions.

It is a model which enables the best use to be made of Territory resources, drawing on the experience of the Magistrates' Court in hearing disputes and enabling the Discrimination Commissioner to take a greater role in the resolution of disputes by conciliation.

Another reform, in the Bill, is the introduction of a limit on the time which the Commissioner may take to determine whether a complaint will be entertained or declined. A complaint made about the current Human Rights Office is that it can take a very long time to deal with complaints.

The new provisions will impose a discipline upon the ACT Human Rights Office and the parties requiring that a decision to decline a complaint must be made within 60 days of the complaint being lodged. The Victorian experience, where similar provisions are in place, demonstrates that this time limit enables its Human Rights Office to deal expeditiously with complaints, particularly where one party is dragging the chain.

Where the complaint is not declined no time limit will be set on the further investigation and conciliation processes. However, there is a new requirement that where conciliation is successful the agreed outcome of the conciliation should be reduced to writing, enabling the Commissioner to confirm with the parties the details of the conciliated outcome and take no further action in respect of the complaint.

Another new provision is one which enables a respondent to apply to the Tribunal for a complaint to be struck out on the grounds that the complaint is


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