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Legislative Assembly for the ACT: 2004 Week 02 Hansard (Tuesday, 2 March 2004) . . Page.. 598 ..

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New part 6A

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Part 6A  Human rights complaints

41A Meaning  of party for pt 6A

In this part:

party, in relation to a complaint or an investigation under section 41J (1), means—

(c) the complainant (if any); and

(d) the respondent; and

(e) in relation to a complaint before the commissioner—any person joined by the commissioner under section 41P.

41B Complaints  about contravention of human rights

(1) A complaint that a person has done an act that contravenes a human right may be made to the human rights commissioner by—

(a) a person aggrieved by the act; or

(b) an agent acting on behalf of 1 or more people aggrieved by the act.

Note If a form is approved under s 41S for a complaint, the form must be used.

(2) A person may act as an agent only if the person is—

(c) authorised in writing to act on behalf of the aggrieved person or people concerned; or

(d) authorised by the human rights commissioner to act on behalf of an aggrieved person who, in the opinion of the commissioner based on reasonable grounds, is unable to make a complaint or authorise an agent to act.

(3) Two or more people may make a complaint jointly.

41C Investigation of complaints

The human rights commissioner must investigate a complaint made under section 41B to decide—

(a) whether the complaint can be dealt with under this part; and

(b) whether the commissioner may dismiss the complaint; and

(c) if the complaint can be dealt with and the commissioner does not dismiss it—

(i) whether resolution of the complaint by conciliation between the parties is reasonably likely; and

(ii) whether a human right has been contravened; and

(iii) if the commissioner is satisfied on reasonable grounds that a human right has been contravened—whether the contravention is authorised by law.

41D Notice of investigation of complaint

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