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Legislative Assembly for the ACT: 2004 Week 02 Hansard (Tuesday, 2 March 2004) . . Page.. 599 ..

Before beginning an investigation of a complaint, the human rights commissioner must give each party written notice that the complaint is to be investigated.

41E Conduct  of investigations

(1) An investigation is to be conducted in the way the human rights commissioner considers appropriate, subject to any requirement under this part.

(2) An investigation is to be as simple, quick and inexpensive as is consistent with achieving justice.

(3) In conducting an investigation of a complaint, the human rights commissioner—

(a) must thoroughly examine all matters relevant to the investigation; and

(b) must, subject to this part, ensure that each party is given a reasonable opportunity to present his or her case; and

(c) is not bound by the rules of evidence.

(4) The human rights commissioner may give the directions about the procedure to be followed in an investigation and do everything that the commissioner considers necessary or desirable for the quick and just finishing of the investigation.

41F Stale  complaints

(1) This section applies if—

(a) the human rights commissioner makes a request of a complainant; and

(b) the complainant does not, within 3 months after the day the request is made, adequately respond to the request.

(2) The human rights commissioner may, but need not, dismiss the complaint by written notice to the parties.

41G Single  investigation of several complaints

The human rights commissioner may conduct a single investigation of 2 or more complaints that arise out of the same or substantially the same circumstances or subject matter.

41H Representative  complaints

The human rights commissioner may deal with a complaint as a representative complaint if the commissioner is satisfied that—

(c) the complainant is a member of a class of people the members of which have, or are reasonably likely to have, grievances against the respondent; and

(d) the material facts of the complainant’s grievance are the same as, or similar or related to, the material facts of the grievances of other members of the class; and

(e) common questions of law or fact arise, or would arise, in the investigation of complaints that have been, or could be, made by other members of the class in relation to those grievances.

41I Ordinary  complaints not prevented by representative complaints

Section 41H does not prevent a person from making a complaint about a grievance that is the subject of a representative complaint.

41J Investigation  without complaint

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