Human Rights Commission Act 2005 (ACT)

Human Rights Commission Act 2005

A2005-40

Republication No 50

Effective: 16 November 2025

Republication date: 16 November 2025

Last amendment made by A2025‑29

About this republication

The republished law

This is a republication of the Human Rights Commission Act 2005 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Human Rights Commission Act 2005

Contents

Page

Part 1      Preliminary
1            Name of Act  2
3            Dictionary  2
4            Notes  2
5Offences against Act—application of Criminal Code etc 2
Part 2      Objects and important concepts
6            Main objects of Act  3
6A          What is a prescribed service?  4
7           What is a health service?  5
8            What is a disability service?  5
8A          What is a service for children and young people?  6
9            What is a service for older people?  7
9A          What is a service for victims of crime?  7
10          Who is a provider?  7
Part 3      The commission
Division 3.1              Establishment, constitution and functions of commission
11          Establishment of commission  9
12          Members of commission  9
13          Commission’s collegiate nature to be promoted  9
14          Commission’s functions  10
15          Functions and human rights  11
16          Independence of commission  11
17          Minister’s directions  11
Division 3.2              President
18          President’s functions  11
18A         Governance and corporate support protocol  14
18B         Client services charter  15
18C         Operations protocol  15
Division 3.2A            Appointment of commission members
18D         Appointment of commission members  16
18E         Ending appointments  16
18F         Delegation of member’s functions  17
Division 3.3              Children and young people commissioner
19B         Children and young people commissioner’s functions  18
19C         Advisory committees for services for children and young people           19
Division 3.4              Disability and community services commissioner
21          Disability and community services commissioner’s functions               19
Division 3.5              Discrimination commissioner
23          Discrimination commissioner’s functions  20
Division 3.6              Health services commissioner
25          Health services commissioner’s functions  21
Division 3.7              Human rights commissioner
27          Human rights commissioner’s functions  21
Division 3.7A            Public advocate
27B         Public advocate’s functions  22
27BA        Public advocate to report to ACAT  24
27BB        Disclosure of information about investigations by public advocate         24
27BC        Engagement of lawyer by public advocate  25
Division 3.7B            Victims of crime commissioner
27C         Victims of crime commissioner’s functions  25
Division 3.9              Commission procedures
30          Time and place of commission meetings  25
31          Presiding member at meetings  26
32          Quorum at meetings  26
33          Voting at meetings  26
34          Individual with more than 1 role  26
35          Conduct of meetings etc  27
Division 3.10            Consultants of commission
37          Consultants of commission  27
Part 4      Complaints
Division 4.1              Making complaints
38          Outline—div 4.1  28
39          When may someone complain about a health service?  28
40          When may someone complain about a disability service?                   29
40A         When may someone complain about a service for children and young people? 30
41          When may someone complain about a service for older people?          30
41A         When may someone complain about an occupancy dispute?               31
41B         When may someone complain about treatment of vulnerable people?    31
41C         Victims rights complaints  32
41D         Human rights complaints  33
42          What complaints may be made under this Act?  34
43          Who may make a complaint under this Act?  35
44          Complaint to be in writing  37
45          Commission’s obligation to be prompt and efficient  38
46          Complainant’s obligations in relation to complaint  41
Division 4.2              Dealing with complaints
47          Outline—div 4.2  43
48          Consideration without complaint or appropriate complainant               44
49          Treatment of complaint if complaint dealt with as commission-initiated consideration    46
51          Referring complaints for conciliation  46
51A         Referral of advocacy matters—children and young people                  46
51B         Referral of advocacy matters—vulnerable people  47
52          Considering complaints  48
52A         Referral to appropriate statutory office-holder  48
52B         Dealing with vulnerable person complaints  49
52C         Effect of declaration made under Children and Young People Act 2008    50
Division 4.2A            Discrimination complaints to ACAT
53          Definitions—div 4.2A  50
53A         Referral of discrimination complaints other than commission-initiated discrimination matters     51
53B         Late application in exceptional circumstances  51
53BA        Referral of commission-initiated discrimination matters  52
53C         Parties to ACAT proceeding on discrimination complaint  52
53CA        Onus of establishing complaint about discrimination etc  53
53D         Reliance on exceptions and exemptions  54
53DA        Commission to give information etc to ACAT  54
53DB        Consideration of positive duty  55
53E         Kinds of orders—unlawful acts under the Discrimination Act               55
53EA        Effect of declaration made under Children and Young People Act 2008    56
Division 4.2B            Certain older people service complaints to ACAT
53G         Application—div 4.2B  57
53H         Retirement village complaints—referral  57
53I         Retirement village complaints—late application in exceptional circumstances   58
53IA         Referral of commission-initiated (retirement villages) matter               58
53J         Retirement village complaints—parties to ACAT proceeding               59
53K         Retirement village complaints—ACAT jurisdiction  59
53L         Retirement village complaints—commission to give information etc to ACAT    60
53M         Retirement village complaints—ACAT orders  60
53N         Retirement village complaints—no monetary limit on jurisdiction of ACAT 60
53O         Retirement village complaints—other options for dispute resolution       61
Division 4.2C            Occupancy dispute complaints to ACAT
53Q         Application—div 4.2C  61
53R         Occupancy dispute complaints—referral  61
53S         Occupancy dispute complaints—late application in exceptional circumstances 62
53SA        Referral of commission-initiated (occupancy dispute) matter               62
53T         Occupancy dispute complaints—parties to ACAT proceeding              63
53U         Occupancy dispute complaints—ACAT jurisdiction  63
53V         Occupancy dispute complaints—commission to give information etc to ACAT 64
53W         Occupancy dispute complaints—ACAT orders  64
53X         Occupancy dispute complaints—monetary limit on jurisdiction of ACAT    64
53Y         Occupancy dispute complaints—other options for dispute resolution      65
Division 4.2D            Conversion practice complaints to ACAT
53ZA        Conversion practice complaints—referral  65
53ZB        Conversion practice complaints—late application in exceptional circumstances         66
53ZBA      Referral of commission-initiated (conversion practice) matter               66
53ZC        Conversion practice complaints—parties to ACAT proceeding             67
53ZD        Conversion practice complaints—commission to give information etc to ACAT 67
53ZE        Conversion practice complaints—ACAT orders  68
53ZF        Conversion practice complaints—no monetary limit on jurisdiction of ACAT 69
Division 4.3              Conciliation of complaints
54          Outline—div 4.3  69
55          What is conciliation?  69
56          Delegation of commission’s function of conciliation  70
57          Parties to conciliation  70
58          Request for third party to attend  71
59          Compulsory attendance at conciliation  71
60          Conduct of conciliation  71
62          Conciliated agreements  72
63          Use of conciliation agreement by commission  72
65          End of conciliation  73
66          Admissibility of evidence  73
67          Conciliation attendees protected from civil liability  74
Division 4.4              Consideration of complaints
68          Outline—div 4.4  74
69          Purpose of considering complaints  74
70          Single consideration of several complaints  74
71          Representative complaints  75
71A         Commission may treat new entity as respondent  75
72          Conduct of consideration  76
73          Power to ask for information, documents and other things                  76
74          Requiring attendance etc  78
75          Privileges against self-incrimination and exposure to civil penalty          80
76          Commission may keep document or other thing etc  81
Division 4.5              Closing complaints and reporting
77          Outline—div 4.5  81
78          When complaints can be closed  82
79          Reopening complaints  84
80          How complaints are closed  84
81          Final report  85
82          Closing discrimination complaints  85
82A         Closing retirement village complaints  86
82B         Closing occupancy dispute complaints  86
82C         Closing conversion practice complaints  87
82D         Closing human rights complaints if conciliation unlikely to succeed       88
83          Third-party reports  89
84          Commission-initiated reports  90
85          Responding to recommendations  91
86          Publication of name and details of non-complying entity  91
86A         Publication of information in relation to human rights complaints           93
87          Reporting to Minister  93
88          Discrimination referral statements  94
88A         Retirement village referral statements  94
88B         Occupancy dispute referral statements  95
88C         Conversion practice referral statements  95
Part 5      Additional matters for health service complaints
Division 5.1              Health code of health rights and responsibilities
89          Approval of health code  96
90          Contents of health code  96
Division 5.2              Relationship between commission, health profession boards and veterinary practitioners board
91          Meaning of registered health practitioner and registered veterinary practitioner—div 5.2        97
92          Referral of complaints to boards  97
93          Complaints referred to veterinary practitioners board  98
94          Consideration of complaints  98
Division 5.3              Health care worker code of conduct
94A         Definitions—div 5.3  99
94B         Meaning of health care worker—div 5.3  100
94C         Code of conduct may be prescribed  101
94D         Code of conduct breach by public servants  101
94E         Code of conduct breach by public servants—information sharing        102
94F         Principles for making prohibition or condition order or public statement   103
94G         Interim prohibition or condition order  104
94H         Final prohibition or condition order  105
94I         Public statement about health care worker or health service              106
94J         Statement of reasons for prohibition or condition order or public statement 108
94K         Correction of public statement  109
94L         Variation of prohibition or condition order  109
94M         Cancellation of prohibition or condition order  110
94N         Health care worker must give notice of registration as health practitioner 111
94O         Non-compliance with prohibition or condition order  112
94P         Non-compliance with corresponding prohibition or condition order       112
94Q         Commission to keep register  113
94R         Exchange of information  113
Division 5.4              Notification and review of decisions
94S         Meaning of reviewable decision––div 5.4  113
94T         Reviewable decision notices  114
94U         Applications for review  114
Part 5A    Child safe standards
94V         Child safe standards  115
94W         Implementing child safe standards  115
94X         Review of child safe standards  115
Part 6      Miscellaneous
95          Information about complaints  116
96          Inspection of incorporated documents  116
97          Notification of certain incorporated documents  117
98          Victimisation etc  119
99          Secrecy  119
99A         Information sharing between commissioners  121
99B         Information sharing with Aboriginal and Torres Strait Islander children and young people commissioner  122
99C         Cooperation with Aboriginal and Torres Strait Islander children and young people commissioner’s office  124
100         Protection of officials from liability  124
100A        Protection of others from liability  125
100B        Independence of DPP  125
101         Intergovernmental arrangements  126
102         Exercise of functions under intergovernmental arrangement              126
103         Determination of fees and expenses for people asked to attend conciliation 127
104         Approved forms  127
105         Regulation-making power  127
Part 8      Transitional—Human Rights (Complaints) Legislation Amendment Act 2023
125Contravention of Human Rights Act 2004 before commencement day 128
126         Expiry—pt 8  128
Part 9      Transitional—Justice and Community Safety Legislation Amendment Act 2025
127         Meaning of commencement day—pt 9  129
128         Person complained about taken to be respondent  129
129         Person complained about in complaint referred to ACAT not yet decided 129
130         Expiry—pt 9  129
Schedule 1 Reviewable decisions  130
Dictionary131
Endnotes
1            About the endnotes  141
2            Abbreviation key  141
3            Legislation history  142
4            Amendment history  150
5            Earlier republications  170

Human Rights Commission Act 2005

An Act to establish the Human Rights Commission, and for other purposes

Part 1Preliminary

Name of Act
This Act is the Human Rights Commission Act 2005.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘unlawful act, for division 4.2A (Discrimination complaints to ACAT)—see section 53.’ means that the term ‘unlawful act’ is defined in that section for division 4.2A.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2Objects and important concepts

Main objects of Act
(1)The main object of the Act is to promote the human rights and welfare of people living in the ACT.
(2)The main object is to be achieved by establishing a commission that will—
(a)promote the provision of community education, information and advice in relation to human rights; and
(b)identify and examine issues that affect the human rights and welfare of vulnerable groups in the community; and
(c)make recommendations to government and non-government agencies on legislation, policies, practices and services that affect vulnerable groups in the community; and
(d)promote understanding and acceptance of, and compliance with, the Discrimination Act 1991 and the Human Rights Act 2004; and
(e)acknowledge, protect and promote the rights of victims; and
(f)promote the protection of children and young people and people with a disability from abuse and exploitation; and
(g)promote environments that are safe for children and young people by—
(i)promoting the child safe standards prescribed under section 94V; and
(ii)encouraging providers of services for children and young people to uphold the standards; and
(h)promote improvements in the provision of prescribed services; and
(i)promote the rights of users of prescribed services; and
(j)promote an awareness of the rights and responsibilities of users and providers of services to which this Act relates; and
(k)provide an independent, fair and accessible process for the resolution of discrimination complaints, human rights complaints and complaints between users and providers of prescribed services; and
(l)provide a process to encourage and assist users and providers of prescribed services to make improvements in the provision of services, particularly by encouraging and assisting service users and providers to contribute to the review and improvement of service quality; and
(m)foster community discussion, and the provision of community education and information, about—
(i)this Act and related Acts; and
(ii)the operation of the commission; and
(iii)the procedures for making complaints.

6AWhat is a prescribed service?
For this Act, a prescribed service means—
(a)a health service; and
(b)a disability service; and
(c)a service for children and young people; and
(d)a service for older people; and
(e)a service for victims of crime.

What is a health service?
(1)For this Act, a health service is a service provided in the ACT to someone (the service user) for any of the following purposes:
(a)assessing, recording, maintaining or improving the physical, mental or emotional health, comfort or wellbeing of the service user;
(b)diagnosing or treating an illness, disability, disorder or condition of the service user.
(2)In applying this Act in relation to a veterinary practitioner, a health service is a service provided to an animal (the service user) for any of the purposes mentioned in subsection (1) (a) or (b).
(3)A health service includes—
(a)a service provided by a health practitioner in the practitioner’s capacity as a health practitioner; and
(b)a service provided specifically for carers of people receiving health services or carers of people with physical or mental conditions; and
(c)a service provided by a veterinary practitioner in the practitioner’s capacity as a veterinary practitioner.
What is a disability service?
(1)A disability service is a service provided in the ACT specifically for people with a disability or their carers.
Examples of services for people with a disability or their carers
1 a service that provides home help, personal care, home maintenance or modification, food services, respite care, transport, assessment or referral of support needs, education, training and skill development, information services, coordination, case management and brokerage, recreation, advocacy, community access, accommodation support, rehabilitation, or employment services, specifically for people with a disability or their carers
2 a service provided in association with the use of premises for the care, treatment or accommodation of people with a disability
(2)In this section:
disability means a disability that—
(a)is attributable to an intellectual, psychiatric, sensory or physical impairment, or a combination of those impairments; and
(b)is permanent or likely to be permanent; and
(c)results in—
(i)the person having a substantially reduced capacity for communication, learning or mobility; and
(ii)the need for continuing support services for the person; and
(d)may, but need not, be of a chronic episodic nature.
NoteDisability is defined differently for complaints about discrimination on the grounds of disability (see Discrimination Act 1991, s 5AA).

8AWhat is a service for children and young people?
A service for children and young people is a service provided in the ACT specifically for children, young people, both children and young people, or their carers.
Examples of services for children and young people and their carers
1    a service that provides care, respite care, transport, assessment or referral of support needs, education, training and skill development, information services, coordination, food services, case management and brokerage, recreation, advocacy, community access, accommodation support, rehabilitation or employment services specifically for children, young people, or their carers
2    a service provided in relation to the use of premises for the care, treatment or accommodation of children, young people, or their carers
3    a service provided in relation to a detention place, intensive therapy place or place of care under the Children and Young People Act 2008

What is a service for older people?
A service for older people is a service provided in the ACT specifically for older people or their carers.
Examples of services for older people
1 a service that provides home help, personal care, home maintenance or modification, food services, respite care, transport, assessment or referral of support needs, education, training and skill development, information services, coordination, case management and brokerage, recreation, advocacy, community access, accommodation support, rehabilitation, or employment services, specifically for older people or their carers
2 a service provided in association with the use of premises for the care, treatment or accommodation of older people.

9AWhat is a service for victims of crime?
A service for victims of crime is a service provided in the ACT specifically for victims of crime.
Examples—services for victims of crime
· counselling and grief support services
· court support services

Who is a provider?
(1)For this Act, a provider of a service is an entity that provides, or holds out that it can provide, the service.
(2)A provider of a service includes—
(a)an entity that employs someone who—
(i)provides the service; or
(ii)holds out that the person can provide the service; and
(b)a volunteer providing the service on behalf of someone else; and
(c)someone who was a provider when the service was provided, but is no longer providing the service.
(3)However, a funding body does not provide a service only because the body pays for the service to be provided by someone else.

Part 3The commission
Division 3.1 Establishment, constitution and functions of commission

Establishment of commission
The Human Rights Commission (the commission) is established.
Members of commission
(1)The commission has the following members:
(a)the president;
(b)the children and young people commissioner;
(c)the disability and community services commissioner;
(d)the discrimination commissioner;
(e)the health services commissioner;
(f)the human rights commissioner;
(g)the public advocate;
(h)the victims of crime commissioner.
(2)The president of the commission is the human rights commissioner.
(3)A person may hold 2 or more positions mentioned in subsection (1).
Commission’s collegiate nature to be promoted
The commission members must act in a way that promotes the collegiate nature of the commission.
Commission’s functions
(1)The commission has the following functions:
(a)encouraging the resolution of complaints made under this Act, and assisting in their resolution, by providing an independent, fair and accessible process for resolving the complaints;
(b)encouraging and assisting users and providers of prescribed services to make improvements in the provision of services, particularly by encouraging and assisting service users and providers to contribute to the review and improvement of service quality;
(c)encouraging and assisting people providing prescribed services and people engaging in conduct that may be complained about under this Act, to develop and improve procedures for dealing with complaints;
(d)identifying, inquiring into and reviewing issues relating to the matters that may be complained about under this Act;
(e)exercising any other function given to the commission under this Act or another territory law.
NoteThe following Acts give the commission functions:
·     Discrimination Act 1991
·     Health Practitioner Regulation National Law (ACT)
·     Health Records (Privacy and Access) Act 1997
·     Human Rights Act 2004
·     Veterinary Practice Act 2018.
(2)The commission must exercise its functions—
(a)with regard to the principle—
(i)of the indivisibility and universality of human rights; and
(ii)that every person is free and equal in dignity and rights; and
(b)efficiently, with a view to providing the greatest possible benefit to the people of the ACT.
Functions and human rights
The commission must act in accordance with the human rights under the Human Rights Act 2004 when exercising a function under this Act or a related Act.
Independence of commission
The commission is not subject to the direction of anyone else in relation to the exercise of a function under this Act or a related Act, subject to section 17.
Minister’s directions
(1)The Minister may, in writing, direct the commission to inquire into and report to the Minister in relation to a matter that can be complained about under this Act.
(2)The commission must comply with the direction.

Division 3.2 President

President’s functions
(1)The president has the following functions:
(a)managing the administration of the commission;
(b)the efficient and effective financial management of the commission’s resources;
(c)ensuring the commission’s functions are exercised in an orderly and prompt way;
(d)developing a governance and corporate support protocol in accordance with section 18A;
(e)developing a client service charter in accordance with section 18B;
(f)developing an operations protocol in accordance with section 18C;
(g)ensuring, as far as practicable, the commission’s functions are exercised in a way that takes into account, and is consistent with, the governance and corporate support protocol, the client service charter and the operations protocol;
(h)reporting, or coordinating reporting, on behalf of the commission in accordance with subsection (2);
(i)promoting community discussion, and providing community education and information, about—
(i)this Act and related Acts; and
(ii)the operation of the commission; and
(iii)the procedures for making complaints;
(j)advising the Minister about any matter in relation to this Act or a related Act;
(k)collecting information about the operation of this Act and related Acts, and publishing the information;
(l)dealing with complaints about the operation of the commission (but not a complaint about a decision of a commissioner in relation to a complaint made under division 4.1);
(m)if the president considers that a commissioner has a real or perceived conflict of interest in relation to a complaint—considering the complaint or allocating responsibility for consideration of the complaint to another commissioner;
(n)any other function given to the president under this Act or another territory law.
(2)The president—
(a)must for each inquiry and review mentioned in section 14 (1) (d)—
(i)report, in writing, to the Minister and other appropriate entities about the inquiry or review; and
(ii)advise the Minister and other appropriate entities about those matters; and
(b)is responsible for giving reports (other than a health practitioner report) under the following sections on behalf of the commission:
(i)section 17 (Minister’s directions);
(ii)section 83 (Third-party reports);
(iii)section 84 (Commission-initiated reports);
(iv)section 87 (Reporting to Minister); and
(c)may report, in writing, to the Minister on the following systemic matters:
(i)a matter of public importance relating to the commission, including how the commission handles complaints under the Act;
(ii)a matter affecting the system—
(A)for the protection of the rights of users of prescribed services (or a class of user) as a whole, rather than a matter affecting an individual alone; and
(B)for the provision of prescribed services (or a class of prescribed services) as a whole, rather than a matter affecting an individual alone.
(3)The president may exercise any function given to any other commissioner under this Act or another territory law.
(4)To remove any doubt, the Minister may, but need not, present advice mentioned in subsection (2) (a) to the Legislative Assembly.
NoteA report under s 87 must be presented to the Legislative Assembly.
(5)In this section:
health practitioner report means—
(a)a notification under the Health Practitioner Regulation National Law (ACT), section 150 (2); or
(b)a report under that Law, section 150 (5A).

18AGovernance and corporate support protocol
The president must—
(a)after consulting with the director-general and the other commissioners, prepare a draft governance and corporate support protocol for each 3-year period that includes—
(i)how the responsible directorate and the commission will consult and communicate with each other; and
(ii)a strategic plan for the 3-year period; and
(iii)how funding will be allocated within the commission for each year in the 3-year period; and
(iv)a budget for each commissioner mentioned in section 12 for each year in the 3-year period; and
(v)performance criteria to be met by the commission in each year of the 3-year period; and
(vi)financial and performance reporting and auditing requirements for the 3-year period; and
(vii)processes for requesting funding; and
(viii)anything else prescribed by regulation; and

(b)give the draft plan to the director-general for endorsement; and
(c)publish the approved plan on the commission’s website.

18BClient services charter
The president must—
(a)every 3 years, after consulting with the ACT community for 8 weeks, prepare a client service charter that states—
(i)how the commission will provide services to the community; and
(ii)what the community can expect when dealing with the commission; and

(b)publish the charter on the commission’s website.

18COperations protocol
The president must—
(a)every 3 years, after consulting with the other commissioners, prepare a protocol that provides for the following:
(i)how enquiries and complaints generally will be received by the commission;
(ii)how enquiries will be dealt with within the commission;
(iii)how complaints will be referred within the commission;
(iv)how clients can access the commission’s services;
(v)how the president undertakes advocacy and reporting on systemic matters under section 18 (2);
(vi)the kinds of questions or matters that may be considered at a commission meeting under section 33;
(vii)when complaints should be referred to other complaint handling entities;
(viii)anything else the commission considers appropriate;
(ix)anything else prescribed by regulation; and
NoteFor the making of complaints to the commission and how the commission deals with them, see pt 4.

(b)publish the protocol on the commission’s website.

Division 3.2A Appointment of commission members
18DAppointment of commission members
(1)The Executive must appoint the commission members.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

(2)However, the Executive must not appoint a person as a member unless satisfied that the person has the experience or expertise necessary to exercise the member’s functions.
(3)A member must not be appointed for a term of longer than 5 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

(4)A member’s conditions of appointment are the conditions agreed between the Executive and the member, subject to any determination under the Remuneration Tribunal Act 1995.

18EEnding appointments
(1)The Executive may end the appointment of a person as a commission member—
(a)if the person contravenes a territory law; or
(b)for misbehaviour; or
(c)if the person becomes bankrupt or personally insolvent; or
NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

(d)if the person is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or
(e)if the person is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.
(2)The Executive must end the person’s appointment—
(a)if the person is absent, other than on leave approved by the Minister, for 14 consecutive days or for 28 days in any 12‑month period; or
(b)for physical or mental incapacity, if the incapacity substantially affects the exercise of the person’s functions.
NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

18FDelegation of member’s functions
A commission member may delegate the member’s functions under this Act or another territory law to another member or a commission staff member.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Division 3.3 Children and young people commissioner
19BChildren and young people commissioner’s functions
(1)The children and young people commissioner has the following functions:
(a)to exercise functions for the commission in relation to services for children and young people;
(b)to promote the implementation of the child safe standards by providers of services for children and young people, and encourage providers to uphold the standards;
(c)to exercise any other function given to the commissioner under this Act or any other territory law.
(2)The exercise of the function mentioned in subsection (1) (a) is subject to any decision of the commission about the exercise of its functions in relation to services for children and young people.
(3)In exercising the children and young people commissioner’s functions, the commissioner must endeavour to—
(a)consult with children and young people in ways that promote their participation in decision-making; and
(b)listen to and seriously consider the views of children and young people; and
(c)ensure that the commission is accessible to children and young people; and
(d)be sensitive to the linguistically and culturally diverse backgrounds of children and young people.

19CAdvisory committees for services for children and young people
(1)The commission may establish advisory committees to assist the commission to exercise its functions in relation to services for children and young people.
(2)Without limiting the people who may be appointed to an advisory committee, the commission may appoint children and young people, and people with experience or expertise in relation to services for children and young people, to the committee.

Division 3.4 Disability and community services commissioner

Disability and community services commissioner’s functions
(1)The disability and community services commissioner has the following functions:
(a)to exercise functions for the commission in relation to disability services;
(b)to exercise functions for the commission in relation to services for older people;
(c)to deal with the following complaints:
(i)a children and young people service complaint;
(ii)a disability service complaint;
(iii)an older people service complaint;
(iv)a vulnerable person complaint;
(v)a victims rights complaint;
(vi)a conversion practice complaint;
(vii)a human rights complaint;
(d)to exercise any other function given to the commissioner under this Act or any other territory law.
(2)The exercise of the function mentioned in subsection (1) (a) is subject to any decision of the commission about the exercise of its functions in relation to disability services.

Division 3.5 Discrimination commissioner

Discrimination commissioner’s functions
(1)The discrimination commissioner has the following functions:
(a)to exercise functions for the commission in relation to discrimination;
(b)to exercise any other function given to the commission under this Act or another territory law.
(2)The functions of the commission in relation to discrimination include the following:
(a)to promote the right of people to be free from unlawful discrimination in—
(i)the areas of work, education and access to premises;
(ii)the provision of goods, services, facilities and accommodation; and
(iii)the activities of clubs;
(b)to promote the right of people to be free from sexual harassment in—
(i)the areas of work, education and access to premises; and
(ii)the provision of goods, services, facilities and accommodation; and
(iii)the activities of clubs;
(c)to promote recognition and acceptance within the community of the equality of men and women;
(d)to promote recognition and acceptance within the community of the principle of equality of opportunity for all people.
(3)The exercise of the function mentioned in subsection (1) (a) is subject to any decision of the commission about the exercise of its functions in relation to discrimination.
(4)A term used in subsection (2) has the same meaning as in the Discrimination Act 1991.

Division 3.6 Health services commissioner

Health services commissioner’s functions
(1)The health services commissioner has the following functions:
(a)to exercise functions for the commission in relation to health services;
(b)to exercise any other function given to the commissioner under this Act or any other territory law.
NoteSee, for example, the Health Practitioner Regulation National Law (ACT), s 150 (Relationship with health complaints entity).
(2)The exercise of the function mentioned in subsection (1) (a) is subject to any decision of the commission about the exercise of its functions in relation to health services and services for older people.

Division 3.7 Human rights commissioner

Human rights commissioner’s functions
(1)The human rights commissioner has the following functions:
(a)to exercise functions for the commission in relation to human rights;
(b)to exercise any other function given to the commissioner under this Act or any other territory law.
(2)The functions of the commission in relation to human rights include the following:
(a)to provide education about human rights and the Human Rights Act 2004; and
(b)to advise the Minister on anything relevant to the operation of the Human Rights Act 2004.
(3)The exercise of the function mentioned in subsection (1) (a) is subject to any decision of the commission about the exercise of its functions in relation to human rights.

Division 3.7A Public advocate
27BPublic advocate’s functions
(1)The public advocate has the following functions:
(a)to advocate for the rights of people with a disability and, as part of advocating for those rights, doing the following:
(i)fostering the provision of services and facilities for people with a disability;
(ii)supporting the establishment of organisations that support people with a disability;
(iii)encouraging the development of programs that benefit people with a disability (including advocacy programs, educational programs and programs to encourage people to act as guardians and managers);
(iv)promoting the protection of people with a disability from abuse and exploitation;

(b)to advocate for the rights of children and young people and, as part of advocating for those rights, doing the following:
(i)fostering the provision of services and facilities for children and young people;
(ii)supporting the establishment of organisations that support children and young people;
(iii)promoting the protection of children and young people from abuse and exploitation;

(c)to represent forensic patients before the ACAT or a court;
(d)to listen to and investigate concerns from children and young people about the provision of services for the protection of children and young people;
(e)investigate matters in relation to which the public advocate has a function;
(f)monitoring the provision of services for the protection of children and young people;
(g)dealing, on behalf of people with a disability and children and young people, with entities providing services;
(h)any other function given to the public advocate under this Act or any other territory law.
NoteThe public advocate also has functions under the Children and Young People Act 2008, the Guardianship and Management of Property Act 1991 and the Mental Health Act 2015.

(2)In this section:
disability means one of the following conditions if the condition gives rise to a need for protection from abuse, exploitation or neglect, or a combination of those things:
(a)a physical, mental, psychological or intellectual condition;
(b)a condition that would make a person a forensic patient.
forensic patient includes a person who has been—
(a)apprehended by a police officer because the person’s behaviour or statements indicate to the officer that the person may have a mental disorder or mental illness; or
(b)found by a court or the ACAT to be unfit to plead; or
(c)acquitted of a criminal charge because of mental impairment; or
(d)found guilty of a criminal offence and is, or while serving a sentence of imprisonment has become, a person with a mental disorder or mental illness.
mental disorder—see the Mental Health Act 2015, section 9.
mental illness—see the Mental Health Act 2015, section 10.

27BAPublic advocate to report to ACAT
The public advocate must report to the ACAT about a matter before the ACAT if asked by the ACAT.

27BBDisclosure of information about investigations by public advocate
(1)Section 99 (Secrecy) does not prevent the public advocate from disclosing information to a person (including members of the public) about an investigation by the public advocate if the public advocate is satisfied that the disclosure is necessary and reasonable in the public interest.
(2)However, the public advocate must not make a disclosure—
(a)that is likely to prejudice the investigation; or
(b)that includes an opinion that is (expressly or impliedly) critical of a person or body unless the public advocate has given the person, or the principal officer of the body, an opportunity to answer the criticism; or
(c)if the investigation arises from a reported concern—that identifies the subject of the concern (directly or indirectly) unless it is necessary and reasonable to do so.

27BCEngagement of lawyer by public advocate
The public advocate may engage a lawyer to appear before a court or the ACAT in relation to the exercise of the public advocate’s functions under this Act.

Division 3.7B Victims of crime commissioner
27CVictims of crime commissioner’s functions
(1)The victims of crime commissioner has the following functions:
(a)to exercise functions for the commission in relation to services for victims of crime;
(b)to exercise any other function given to the commissioner under this Act or any other territory law.
NoteThe victims of crime commissioner also has functions under the Domestic Violence Agencies Act 1986, the Victims of Crime Act 1994 and the Victims of Crime (Financial Assistance) Act 2016.

(2)The exercise of the function mentioned in subsection (1) (a) is subject to any decision of the commission about the exercise of its functions in relation to services for victims of crime.

Division 3.9 Commission procedures

Time and place of commission meetings
(1)Meetings of the commission are to be held when and where it decides.
(2)However, the commission must meet at least once each month.
(3)The president may call a meeting of the commission.
(4)The president, when calling a meeting, must give the other members reasonable notice of the time and place of the meeting.
Presiding member at meetings
(1)The president presides at all meetings at which the president is present.
(2)If the president is absent, the member chosen by the members present presides.
Quorum at meetings
Business may be carried on at a meeting of the commission only if at least 3 members of the commission are present.
Voting at meetings
(1)At a meeting of the commission each member has a vote on each question to be decided.
(2)A question is decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has the deciding vote.
Individual with more than 1 role
(1)This section applies if—
(a)a person holds 2 or more positions under this Act; and
(b)the person is a member of the commission because of each of the positions.
Example
The disability and community services commissioner may be appointed as the health services commissioner.
(2)The person is only entitled to 1 vote at commission meetings.
(3)In working out whether 3 members are present at a meeting for section 32 (Quorum at meetings), the number of members is taken to be the number of individuals who are members.
Example
If the discrimination commissioner is also the human rights commissioner, the number of members is taken to be 4. Therefore, 2 members (rather than 3) would need to be present at a meeting to carry on business.
Conduct of meetings etc
(1)A meeting may be held using a method of communication, or a combination of methods of communication, that allows a commission member taking part to hear what each other member taking part says without the members being in each other’s presence.
Examples
a phone link, a satellite link, an internet or intranet link
(2)A commission member who takes part in a meeting conducted under subsection (1) is taken, for all purposes, to be present at the meeting.
(3)A resolution is a valid resolution of the commission, even if it is not passed at a meeting of the commission, if—
(a)notice of the resolution is given under procedures decided by the commission; and
(b)all members agree, in writing, to the proposed resolution.
(4)The commission must keep minutes of its meetings.

Division 3.10 Consultants of commission

Consultants of commission
(1)The commission may engage consultants for this Act.
(2)Consultants are to be engaged on terms decided by the commission.
(3)However, this section does not give the commission a power to enter into a contract of employment.

Part 4Complaints
Division 4.1 Making complaints

Outline—div 4.1
This division sets out the complaints that may be made under this Act, who can complain and how.
When may someone complain about a health service?
(1)A person may complain to the commission about a health service if—
(a)the service is not being provided appropriately; or
(b)the person believes that the provider of the service has acted inconsistently with any of the following:
(i)the health code;
(ii)if there is no health code—the health provision principles;
(iii)the health care worker code of conduct prescribed under section 94C;
(iv)a generally accepted standard of health service delivery expected of providers of the same kind as the provider;
(v)any standard of practice applying to the provider under the Health Practitioner Regulation National Law (ACT) or the Veterinary Practice Act 2018;
(vi)the National Standards for Mental Health Services endorsed by the Australian Health Ministers Advisory Council’s National Mental Health Working Group, as amended from time to time;
(vii)any other standard prescribed by regulation; or
(c)the service is not being provided.
(2)In this section:
health provision principles—see section 90 (2).
NoteIf the health services commissioner receives a complaint about a health practitioner, the commissioner must tell the national board for the practitioner’s health profession about the complaint. The national board and commissioner must try to reach agreement about how the complaint is to be dealt with (see Health Practitioner Regulation National Law (ACT), s 150).
When may someone complain about a disability service?
A person may complain to the commission about a disability service if—
(a)the service is not being provided appropriately; or
(b)the person believes that the provider of the service has acted inconsistently with any of the following:
(i)the Home and Community Care National Service Standards, as amended from time to time;
(ii)the human rights principles set out in the Disability Services Act 1991, schedule 1;
(iii)the requirements to be complied with in relation to the design and implementation of programs and services relating to people with disabilities set out in the Disability Services Act 1991, schedule 2;
(iv)the National Standards for Mental Health Services endorsed by the Australian Health Ministers Advisory Council’s National Mental Health Working Group, as amended from time to time;
(v)the generally accepted standard of service delivery expected of a provider of the kind of service to which the complaint relates;
(vi)standards (if any) approved under the Disability Services Act 1991, section 5A (Approval of standards);
(vii)any other standard prescribed by regulation; or
(c)the service is not being provided.
NoteFor the availability and the appropriate version of the standards mentioned in par (b) (i) and (iv), see s 96 (Inspection of incorporated documents) and s 97 (Notification of certain incorporated documents) (see also dict, def incorporated document).

40AWhen may someone complain about a service for children and young people?
A person may complain to the commission about a service for children and young people if—
(a)the service is not being provided appropriately; or
(b)the provider of the service has acted inconsistently with any of the following:
(i)the generally accepted standard of service delivery expected of a provider of the kind of service to which the complaint relates;
(ii)the child safe standards prescribed under section 94V;
(iii)any other standard prescribed by regulation; or

(c)the service is not being provided.

When may someone complain about a service for older people?
A person may complain to the commission about a service for older people if—
(a)the service is not being provided appropriately; or
(b)the provider of the service has acted inconsistently with any of the following:
(i)the Home and Community Care National Service Standards, as amended from time to time;
(ii)the generally accepted standard of service delivery expected of a provider of the kind of service to which the complaint relates;
(iii)the Retirement Villages Act 2012;
(iv)any other standard prescribed by regulation; or
(c)the service is not being provided.

41AWhen may someone complain about an occupancy dispute?
A person may complain to the commission about an occupancy dispute.

41BWhen may someone complain about treatment of vulnerable people?
(1)A person may complain to the commission about the treatment of a vulnerable person if the person believes on reasonable grounds that the vulnerable person is subject to or at risk of abuse, neglect or exploitation.
(2)In this section:
vulnerable person means an adult who—
(a)has a disability within the meaning of the Disability Services Act 1991; or
(b)is at least 60 years old and—
(i)has a disorder, illness or disease that affects the person’s thought processes, perception of reality, emotions or judgment or otherwise results in disturbed behaviour; or
(ii)has an impairment that—
(A)is intellectual, psychiatric, sensory or physical in nature; and
(B)results in a substantially reduced capacity of the person for communication, learning or mobility; or

(iii)for any other reason is socially isolated or unable to participate in the life of the person’s community.

41CVictims rights complaints
(1)This section applies if—
(a)a person engages with a justice agency; and
(b)the person believes the justice agency has not complied with their victims rights; and
(c)the person is a victim.
(2)The person may complain to the commission about the justice agency’s conduct (a victims rights complaint).
NoteAlternatively, a victim may make a justice agency complaint to a justice agency (see Victims of Crime Act 1994, s 18D) or may raise a victims rights concern with the victims of crime commissioner (see Victims of Crime Act 1994, s 18F).

(3)If the victims of crime commissioner refers a person’s victims rights concern to the commission under the Victims of Crime Act 1994, section 18G (3), the victims rights concern is taken to be a victims rights complaint made by the person to the commission under this Act.
NoteA person need not have made a justice agency complaint to a justice agency, nor raised a victims rights concern with the commissioner, under the Victims of Crime Act 1994 before making a victims rights complaint to the commission under this Act.

(4)In this section:
victim—see the Victims of Crime Act 1994, section 6.
victims rights—see the Victims of Crime Act 1994, section 14A.
victims rights concern—see the Victims of Crime Act 1994, section 18F (2).

41DHuman rights complaints
(1)A person may complain to the commission about a public authority (a human rights complaint) if the person believes the public authority has acted in contravention of the Human Rights Act 2004, section 40B (Public authorities must act consistently with human rights).
(2)However, the person must not make a human rights complaint unless the person—
(a)has made a complaint to the relevant person about the contravention claimed; and
(b)either—
(i)has not received a response to the complaint within 45 days after making the complaint; or
(ii)has received a response they consider to be inadequate.

(3)The commission may accept a person’s human rights complaint without requiring the person to comply with subsection (2) if—
(a)the person makes another complaint under this Act in relation to—
(i)the same act that constitutes the contravention claimed; or
(ii)substantially the same circumstances or subject matter of the contravention claimed; or

(b)the commission is satisfied on reasonable grounds that exceptional circumstances justify accepting the person’s human rights complaint.
(4)In this section:
relevant person, for a complaint under subsection (2) (a), means the person who would be a respondent if the complaint was a human rights complaint.

What complaints may be made under this Act?
(1)The following complaints may be made under this Act:
(a)a children and young people service complaint;
(b)a disability service complaint;
(c)a complaint about an unlawful act under the Discrimination Act 1991 (a discrimination complaint);
(d)a health service complaint;
(e)a human rights complaint;
(f)an older people service complaint;
(g)a vulnerable person complaint;
(h)a victims rights complaint;
NoteA victims rights complaint is about the conduct of a justice agency.
(i)a conversion practice complaint;
(j)a complaint on a ground mentioned in the Health Records (Privacy and Access) Act 1997, section 18;
(k)a complaint about an occupancy dispute (an occupancy dispute complaint).
Note 1A complaint about a health practitioner or a veterinary practitioner is dealt with by way of commission‑initiated consideration (see s 94 (2)).
Note 2The commission may also consider matters that have not been raised by complaints under div 3.5 (see s 48).
(2)For a discrimination complaint, the complaint may be made in relation to unfavourable treatment—
(a)on the grounds of 2 or more protected attributes under the Discrimination Act 1991; and
(b)occurring on 2 or more occasions.
(3)To remove any doubt, a complaint that may be made under this Act is made under this division.

Who may make a complaint under this Act?
(1)A complaint about an act, service or conduct may be made to the commission under this Act by—
(a)a person (the aggrieved person) aggrieved by the act, service or conduct; or
(b)an agent of the aggrieved person; or
(c)if the aggrieved person is a child or young person—a parent or guardian of the aggrieved person; or
(d)if a person has guardianship or control of the affairs of the aggrieved person under another law or an order of a court or tribunal—that person; or
(e)if the aggrieved person cannot complain for any reason and no‑one has guardianship or control of the aggrieved person’s affairs under another law or an order of a court or tribunal—a person approved by the commission to make a complaint for the aggrieved person; or
(f)if the complaint is a discrimination complaint—a person who has a sufficient interest in the complaint; or
(g)if the complaint is a health service complaint, disability service complaint or older people service complaint—anyone; or
(h)if the complaint is an occupancy dispute complaint—an occupant under the occupancy agreement.
Note 1If a complaint is made under par (g) by a person who could not otherwise complain under another paragraph, the commission may conduct a commission-initiated consideration into the matters raised by the complaint (see s 48 (2)).
Note 2If a person’s victims rights concern is referred to the commission, the person is taken to have made a victims rights complaint (see s 41C).
(2)For subsection (1) (a), if the complaint is a human rights complaint—an aggrieved person includes a person who would be aggrieved by the act.
(3)For subsection (1) (f), a person has a sufficient interest in a complaint if the conduct complained about is a matter of a genuine concern to the person because of the way conduct of that kind adversely affects, or has the potential to adversely affect, the interests of the person or interests or welfare of anyone the person represents.
(4)To remove any doubt—
(a)no-one may be required to make a complaint; and
(b)an aggrieved person may make a complaint under subsection (1) (a) even though the person is under a legal disability (for example, if a child is aggrieved, the child may make a complaint); and
(c)if a complaint is made under subsection (1) (g)—the complainant cannot require the complaint to be considered.
(5)To remove any doubt, a carer may make a complaint as an agent of the aggrieved person under subsection (1) (b) even though the carer is under a legal disability (for example, if a child is a carer of the aggrieved person, the child may make a complaint as an agent of the person).
(6)A person may act as the agent of the aggrieved person only if the person is—
(a)authorised in writing to act for the aggrieved person; or
(b)authorised by the commission to act for the aggrieved person.
(7)A person mentioned in subsection (1) (f) may make a complaint only if the aggrieved person consents to the making of the complaint.
(8)The commission may authorise a person to act as the agent of the aggrieved person only if the commission is satisfied, on reasonable grounds, that the aggrieved person cannot for any reason make a complaint or authorise a person to make a complaint for the aggrieved person.
(9)A single complaint may be made by or for 2 or more aggrieved people.
Complaint to be in writing
(1)A complaint must—
(a)be in writing; and
(b)if the complaint is made by an agent—state that it is made for an aggrieved person and name the aggrieved person; and
(c)if the complaint is made by a person under section 43 (1) (f)—name the aggrieved person; and
(d)state the complaint and the grounds on which it is based; and
(e)include the name and address of the complainant.
(2)For a discrimination complaint, the complaint need not state whether the discrimination complained about is direct discrimination or indirect discrimination.
NoteDiscrimination occurs when a person directly or indirectly discriminates against someone (see Discrimination Act 1991, s 8).
(3)However, a person is entitled to reasonable assistance from the commission to put the complaint into writing.
Examples of when assistance would be reasonable
1 if the person cannot put the complaint in writing
2 if the person has difficulty putting the complaint in writing
(4)Despite subsection (1) (a), a complaint may be made orally if the commission is satisfied on reasonable grounds that exceptional circumstances justify action without a written complaint.
Example—exceptional circumstances
Waiting until the complaint is put in writing would make action in response to the complaint impossible or impractical.
Commission’s obligation to be prompt and efficient
(1)The commission must deal with complaints promptly and efficiently.
(2)Without limiting subsection (1), the commission may make any preliminary inquiry it considers necessary and appropriate to decide how to deal with a complaint.
(3)Without limiting subsection (1), in dealing with a complaint, the commission must—
(a)allocate each complaint as soon as possible; and
(b)if the commission decides to consider the complaint by a commission-initiated consideration under section 48 (2)—tell the person who made the complaint, in writing, about the decision and that the person will not receive progress reports about the consideration; and
(c)unless subsection (5) applies—before considering the complaint, tell the complainant and the respondent, in writing, that the complaint is to be considered; and
(d)if the complaint is a discrimination complaint (other than a matter under commission-initiated consideration) and the commission decides not to refer the complaint for conciliation—tell the complainant, in writing, that the complaint will not be referred for conciliation and include a discrimination referral statement with the notice; and
(e)if the complaint relates to a service provided by the operator of a retirement village under the Retirement Villages Act 2012 and the commission decides not to refer the complaint for conciliation—tell the complainant, in writing, that the complaint will not be referred for conciliation and include a retirement village referral statement with the notice; and
(f)if the complaint is an occupancy dispute complaint and the commission decides not to refer the complaint for conciliation—tell the complainant, in writing, that the complaint will not be referred for conciliation and include an occupancy dispute referral statement; and
(g)if the complaint is a conversion practice complaint and the commission decides not to refer the complaint for conciliation—tell the complainant, in writing, that the complaint will not be referred for conciliation and include a conversion practice referral statement with the notice; and
(h)tell the complainant, in writing, how consideration of the complaint by the commission is progressing not later than—
(i)6 weeks after the last time the commission told the complainant, in writing, (by a progress report) about the complaint’s progress; or
(ii)if the latest progress report includes a statement to the effect that, for stated reasons, a further progress report will not be provided until a stated time or event—the time or the happening of the event stated in the latest progress report; and
(i)if the complaint is closed for any reason—tell the complainant and the respondent, in writing, that the complaint has been closed within 4 weeks after the day the complaint is closed.
Examples—par (h) (ii)
1A complainant tells the commission that she is going overseas for 3 months. The commission may tell the complainant that the next progress report will not be given until the complainant returns from overseas and notifies the commission.
2The commission decides that it cannot consider a complaint further until an expert report about the complainant’s medical condition is provided. The commission may tell the complainant that the next progress report will not be given until 1 week after the commission receives the expert report.
(4)The commission need not consider a complaint if satisfied that—
(a)the complaint—
(i)is frivolous, vexatious or not made honestly; or
(ii)lacks substance; or
(iii)is to be referred to another statutory officer-holder or dealt with by a national board under the Health Practitioner Regulation National Law (ACT); or
(iv)cannot be made by the complainant under the Act; or
(v)cannot otherwise be made under the Act; or
(b)the complainant has been given a reasonable explanation and the complaint needs no further action by the commission; or
(c)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
(d)the complainant withdraws the complaint, whether in writing or otherwise, before notice of the complaint has been given to the respondent.
(5)The commission need not give notice to the respondent under subsection (3) if, because of subsection (4), it decides—
(a)not to consider the complaint; or
(b)not to consider the complaint further.
(6)Also, for a commission-initiated consideration of a vulnerable person complaint, the commission—
(a)for subsection (3) (b)—may tell the person who made the complaint orally; and
(b)for subsection (3) (c), if the commission decides that it is not appropriate, because of the risk to the vulnerable person, to tell either the complainant or the respondent—need not tell them.
Complainant’s obligations in relation to complaint
The complainant for a complaint must—
(a)keep the commission informed of any change in the complainant’s name or address while the commission is dealing with the complaint; and
(b)if the commission requires the complainant under section 73 to provide further information, or produce any document or thing—provide the further information, or produce the document or thing, as required; and
(c)if the commission requires the complainant under section 74 to attend before a person to answer questions—attend before the person, and answer questions, as required.
Note 1A complaint may be closed if the complainant does not comply with a requirement under s 73 or s 74 (see s 78 (1) (c)).
Note 2If the commission requires a person other than the complainant or aggrieved person (eg the respondent) to provide information, produce a document or thing or attend to answer questions, the person commits an offence if the person does not comply with the requirement (see s 73 and s 74).

Division 4.2 Dealing with complaints
Note to div 4.2

The commission must close certain complaints. For example, the commission must close a complaint that is frivolous or vexatious, or a complaint that has been or is being dealt with by a court or tribunal (see s 78 (2), esp par (c) (ii) and (iii)).

Outline—div 4.2
(1)This division sets out how the commission deals with the complaints it receives.
(2)In summary, complaints may, but need not, go through the following steps:
(a)allocation;
(b)consideration;
(c)conciliation;
(d)closure;
(e)reporting.
(3)Complaints need not go through the steps mentioned in subsection (2) in the order they appear in that subsection.
(4)Also, a complaint may be referred to another entity under section 52A (Referral to appropriate statutory office-holder).
NoteIf the health services commissioner receives a complaint about a health practitioner, the commissioner must tell the national board for the practitioner’s health profession about the complaint. The national board and commissioner must try to reach agreement about how the complaint is to be dealt with (see Health Practitioner Regulation National Law (ACT), s 150).
Consideration without complaint or appropriate complainant
(1)The commission may, on its own initiative, consider (by a commission-initiated consideration)—
(a)an act, service or conduct that appears to the commission to be an act, service or conduct about which a person could make, but has not made, a complaint under this Act; or
(b)any other matter related to the commission’s functions.
Examples
The commission may consider an issue of public interest or public safety that relates to its functions.
Note 1A complaint about a health practitioner or a veterinary practitioner may also be dealt with by commission‑initiated consideration (see s 94 (2)).
Note 2The commission—
(a)must consult with the custodial inspector in relation to any commission-initiated consideration involving a detainee or correctional centre or service (see Custodial Inspector Act 2017, s 33); and
(b)may refer a matter to the inspector if the commission reasonably believes the matter can be more appropriately dealt with by the inspector (see Custodial Inspector Act 2017, s 34).
(2)The commission may, on its own initiative, also consider (by a commission-initiated consideration) a complaint that is a children and young people service complaint, disability service complaint, health service complaint, older people service complaint, victims rights complaint or vulnerable person complaint, if—
(a)the person who made the complaint could not have made the complaint under section 43 (1) (a) to (d); and
(b)the commission does not approve the person under section 43 (1) (e) to make the complaint for the aggrieved person.
NoteUnder s 43 (1) (a) to (e), complaints may be made by an aggrieved person, an agent of an aggrieved person, a parent or guardian of an aggrieved person who is a child or young person, a person with guardianship or control of an aggrieved person or a person approved by the commission to make the complaint on an aggrieved person’s behalf.
(3)Without limiting when the commission may consider a matter by a commission-initiated consideration, the commission may consider a complaint by a commission-initiated consideration if—
(a)the complainant has withdrawn the complaint for any reason; but
(b)the commission is satisfied that it is in the public interest to consider the complaint.
Examples of when it may be in the public interest to consider withdrawn complaint
1The complaint appears to reveal a systemic problem about an activity or a service.
2The complaint, if substantiated, raises a significant issue for the ACT, or an issue of public safety.
3It may be possible for action in relation to the complaint to be taken under another Act if the complaint is substantiated by, for example, reporting a veterinary practitioner to the veterinary practitioners board or making an application for an occupational discipline order in relation to the veterinary practitioner to the ACAT.
(4)A commission-initiated consideration must, as far as practicable, be conducted as if it were a consideration of a complaint.
NoteThe commission is the complainant for a commission-initiated consideration (see dict, def complainant).
Treatment of complaint if complaint dealt with as commission-initiated consideration
(1)This section applies if the commission decides to consider a complaint by commission-initiated consideration under section 48 (2).
(2)The person who made the complaint stops being the complainant and the commission becomes the complainant.
(3)However, the commission continues to have the same obligations under section 45 (3) (i) in relation to the person as the commission would have if the person were the complainant, but must not give the person information about the aggrieved person or the respondent.
NoteUnder s 80 (3) the commission need not give the person a final report in relation to the complaint.
Referring complaints for conciliation
(1)The commission may, at any time, conciliate a complaint, or matter that forms part of a complaint, if satisfied that the complaint or matter is appropriate for conciliation.
NoteConciliation is dealt with in div 4.3.
(2)The commission may continue to consider a complaint that has been referred, or part of which has been referred, for conciliation.

51AReferral of advocacy matters—children and young people
(1)This section applies to a children and young people service complaint if—
(a)the complaint relates to a child or young person; and
(b)the director‑general under the Children and Young People Act 2008 has parental responsibility for the child or young person.
(2)The disability and community services commissioner may, at any time, refer the complaint, or a matter that forms part of the complaint, to the public advocate or the Aboriginal and Torres Strait Islander children and young people commissioner for advocacy if satisfied that—
(a)it is in the best interests of the child or young person that the complaint or matter be referred for advocacy; and
(b)the complaint or matter is appropriate for advocacy by the public advocate or the Aboriginal and Torres Strait Islander children and young people commissioner; and
(c)for a complaint or matter referred to the Aboriginal and Torres Strait Islander children and young people commissioner—the complaint or matter relates to an Aboriginal or Torres Strait Islander child or young person.
(3)The disability and community services commissioner may continue to consider a complaint that has been referred, or part of which has been referred, for advocacy.

51BReferral of advocacy matters—vulnerable people
(1)The disability and community services commissioner may, at any time, refer a vulnerable person complaint, or a matter that forms part of the complaint, to the public advocate for advocacy if satisfied it is appropriate.
(2)The disability and community services commissioner may continue to consider a complaint that has been referred, or part of which has been referred, for advocacy.

Considering complaints
(1)The commissioner given responsibility for considering a complaint for the commission must consider the complaint.
Note 1Responsibility for considering complaints may be in accordance with the operations protocol made under s 18C.
Note 2If the president considers that a commissioner has a real or perceived conflict of interest in relation to a complaint, the president may consider the complaint or allocate responsibility for considering the complaint to another commissioner (see s 18 (1) (m)).
(2)The commissioner may, but need not, continue to consider the complaint while the complaint is being conciliated.
(3)In considering a discrimination complaint, the commissioner may also consider whether the duty under the Discrimination Act 1991, section 75 has been met.
NoteThe commission may ask for information or documents relevant to a consideration under this subsection (see s 73).

52AReferral to appropriate statutory office-holder
(1)This section applies if—
(a)the commission considers that the act, service or conduct to which a complaint relates is a matter that could—
(i)have been complained about to a statutory office-holder; and
(ii)be dealt with more conveniently or effectively by the statutory office-holder; and

(b)the commission considers it would be appropriate for the complaint to be referred to the statutory office‑holder; and

Abbreviation key

A = Act NI = Notifiable instrument

AF = Approved form o = order

am = amended om = omitted/repealed

amdt = amendment ord = ordinance

AR = Assembly resolution orig = original

ch = chapter par = paragraph/subparagraph

CN = Commencement notice pres = present

def = definition prev = previous

DI = Disallowable instrument (prev...) = previously

dict = dictionary pt = part

disallowed = disallowed by the Legislative r = rule/subrule

Assembly reloc = relocated

div = division renum = renumbered

exp = expires/expired R[X] = Republication No

Gaz = gazette RI = reissue

hdg = heading s = section/subsection

IA = Interpretation Act 1967 sch = schedule

ins = inserted/added sdiv = subdivision

LA = Legislation Act 2001 SL = Subordinate law

LR = legislation register sub = substituted

LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced

mod = modified/modification or to be expired

Legislation history
Human Rights Commission Act 2005 A2005-40
notified LR 1 September 2005
s 1, s 2 commenced 1 September 2005 (LA s 75 (1))

remainder commenced 1 November 2006 (s 2 and CN2006-21)
as amended by
Human Rights Commission (Children and Young People Commissioner) Amendment Act 2005 A2005-46 (as am by A2006‑3 sch 1 pt 1.2)
notified LR 2 September 2005
s 1, s 2 commenced 1 September 2005 (LA s 75 (1))

remainder commenced 1 November 2006 (s 2 and see A2005-40, s 2 and CN2006-21)
Human Rights Commission Legislation Amendment Act 2006 A2006‑3 s 4
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
s 4 commenced 23 February 2006 (s 2)

Justice and Community Safety Legislation Amendment Act 2006 A2006‑40 sch 1 pt 1.7
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))

sch 1 pt 1.7 commenced 1 November 2006 (s 2 (2) and see A2005-40, s 2 and CN2006-21)
Human Rights Commission Amendment Act 2006 A2006-44
notified LR 25 October 2006
s 1, s 2 commenced 25 October 2006 (LA s 75 (1))
remainder commenced 1 November 2006 (s 2 and see A2005-40, s 2 and CN2006-21)
Carers Recognition Legislation Amendment Act 2006 A2006-47 pt 4
notified LR 28 November 2006
s 1, s 2 commenced 28 November 2006 (LA s 75 (1))

pt 4 commenced 28 May 2007 (s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2007 A2007‑22 sch 1 pt 1.10
notified LR 5 September 2007
s 1, s 2 commenced 5 September 2007 (LA s 75 (1))
sch 1 pt 1.10 commenced 6 September 2007 (s 2)
Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 2 pt 2.9, sch 3 pt 3.16
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 2 pt 2.9 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
sch 3 pt 3.16 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
Justice and Community Safety Legislation Amendment Act 2008 (No 2) A2008-22 sch 1 pt 1.5
notified LR 8 July 2008
s 1, s 2 commenced 8 July 2008 (LA s 75 (1))
sch 1 pt 1.5 commenced 29 July 2008 (s 2)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.34
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.34 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.31
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.31 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Human Rights Commission Legislation Amendment Act 2010 A2010‑5 pt 4
notified LR 2 March 2010
s 1, s 2 commenced 2 March 2010 (LA s 75 (1))
pt 4 commenced 9 March 2010 (s 2)
Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10 sch 2 pt 2.12
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
sch 2 pt 2.12 commenced 1 July 2010 (s 2 (1) (a))
Justice and Community Safety Legislation Amendment Act 2010 (No 2) A2010-30 sch 1 pt 1.11
notified LR 31 August 2010
s 1, s 2 commenced 31 August 2010 (LA s 75 (1))
s 3 commenced 1 September 2010 (s 2 (1))
sch 1 pt 1.11 commenced 28 September 2010 (s 2 (2))
Justice and Community Safety Legislation Amendment Act 2010 (No 4) A2010-50 sch 1 pt 1.3
notified LR 14 December 2010
s 1, s 2 commenced 14 December 2010 (LA s 75 (1))
sch 1 pt 1.3 commenced 21 December 2010 (s 2 (1))
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.82
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.82 commenced 1 July 2011 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.21
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.21 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.24
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 3 pt 3.24 commenced 5 June 2012 (s 2 (1))
Disability Services Amendment Act 2013 A2013-8 s 7
notified LR 6 March 2013
s 1, s 2 commenced 6 March 2013 (LA s 75 (1))
s 7 commenced 7 March 2013 (s 2)
Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014‑49 pt 5
notified LR 10 November 2014
s 1, s 2 commenced 10 November 2014 (LA s 75 (1))
pt 5 commenced 17 November 2014 (s 2)
Veterinary Surgeons Act 2015 A2015‑29 sch 2 pt 2.7, sch 3
notified LR 20 August 2015
s 1, s 2 commenced 20 August 2015 (LA s 75 (1))
sch 2 pt 2.7 commenced 1 December 2015 (s 2 (1) and CN2015-22)
sch 3 commenced 1 December 2015 (s 2 (2) and CN2015-22)
Protection of Rights (Services) Legislation Amendment Act 2016 A2016‑1 pt 2
notified LR 23 February 2016
s 1, s 2 commenced 23 February 2016 (LA s 75 (1))
pt 2 commenced 1 April 2016 (s 2)
Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.25
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))
sch 1 pt 1.25 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)
Discrimination Amendment Act 2016 A2016-49 sch 1 pt 1.2
notified LR 23 August 2016
s 1, s 2 commenced 23 August 2016 (LA s 75 (1))
amdt 1.6, amdt 1.14, amdt 1.17 commenced 3 April 2017 (s 2 (2))
sch 1 pt 1.2 remainder commenced 24 August 2016 (s 2 (1))
Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.37
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.37 commenced 1 September 2016 (s 2)
Justice and Community Safety Legislation Amendment Act 2017 A2017-5 sch 1 pt 1.5
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 1 pt 1.5 commenced 2 March 2017 (s 2 (3))
Inspector of Correctional Services Act 2017 A2017-47 sch 2 pt 2.3
notified LR 7 December 2017
s 1, s 2 commenced 7 December 2017 (LA s 75 (1))
sch 2 pt 2.3 commenced 8 December 2017 (s 2 (1))
Veterinary Practice Act 2018 A2018-32 sch 3 pt 3.8
notified LR 30 August 2018
s 1, s 2 commenced 30 August 2018 (LA s 75 (1))
sch 3 pt 3.8 commenced 21 December 2018 (s 2 and CN2018-12)
Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.19
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 3 pt 3.19 commenced 22 November 2018 (s 2 (1))
Retirement Villages Legislation Amendment Act 2019 A2019-10 pt 3
notified LR 11 April 2019
s 1, s 2 commenced 11 April 2019 (LA s 75 (1))
pt 3 commenced 1 July 2019 (s 2 (1) see CN2019-11)
Justice and Community Safety Legislation Amendment Act 2019 A2019‑17 pt 6
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
pt 6 commenced 21 June 2019 (s 2)
COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 sch 1 pt 1.17
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
sch 1 pt 1.17 commenced 14 May 2020 (s 2 (1))
Victims Rights Legislation Amendment Act 2020 A2020-34 pt 2
notified LR 29 July 2020
s 1, s 2 commenced 29 July 2020 (LA s 75 (1))
pt 2 commenced 1 January 2021 (s 2)
Justice Legislation Amendment Act 2020 A2020-42 pt 19
notified LR 27 August 2020
s 1, s 2 commenced 27 August 2020 (LA s 75 (1))
pt 19 commenced 28 August 2020 (s 2 (9))
Residential Tenancies Amendment Act 2020 (No 2) A2020-48 sch 1 pt 1.1, sch 2 pt 2.1
notified LR 3 September 2020
s 1, s 2 commenced 3 September 2020 (LA s 75 (1))
sch 1 pt 1.1 commenced 3 March 2021 (s 2 (1) and LA s 79)
sch 2 pt 2.1 commenced 30 January 2022 (s 2 (3))
Sexuality and Gender Identity Conversion Practices Act 2020
A2020-49 sch 1
notified LR 4 September 2020
s 1, s 2 commenced 4 September 2020 (LA s 75 (1))
sch 1 commenced 4 March 2021 (s 2)
Operational Efficiencies (COVID-19) Legislation Amendment Act 2021 A2021-24 pt 9
notified LR 13 October 2021
s 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))
pt 9 commenced 14 October 2021 (s 2 (1))
Domestic Violence Agencies Amendment Act 2022 A2022-11 sch 1 pt 1.2
notified LR 17 June 2022
s 1, s 2 commenced 17 June 2022 (LA s 75 (1))
sch 1 pt 1.2 commenced 17 December 2022 (s 2 and LA s 79)
Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022 A2022-25 sch 1 pt 1.4
notified LR 14 December 2022
s 1, s 2 commenced 14 December 2022 (LA s 75 (1))
sch 1 pt 1.4 commenced 15 December 2022 (s 2)
Discrimination Amendment Act 2023 A2023-7 sch 1 pt 1.2
notified LR 11 April 2023
s 1, s 2 commenced 11 April 2023 (LA s 75 (1))
sch 1 pt 1.2 commenced 11 April 2024 (s 2)
Human Rights Commission Amendment Act 2023 A2023-29
notified LR 7 July 2023
s 1, s 2 commenced 7 July 2023 (LA s 75 (1))
remainder commenced 7 January 2024 (s 2 and LA s 79)
Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 sch 1 pt 1.6
notified LR 15 November 2023
s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
sch 1 pt 1.6 commenced 27 March 2024 (s 2 (2) (a))
Human Rights (Complaints) Legislation Amendment Act 2023 A2023‑53 pt 3
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
pt 3 commenced 11 June 2024 (s 2 (2) and LA s 79)
Justice and Community Safety Legislation Amendment Act 2023 (No 3) A2023-57 pt 10, sch 1 pt 1.3
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
pt 10, sch 1 pt 1.3 commenced 12 December 2023 (s 2 (1))
Human Rights Commission (Child Safe Standards) Amendment Act 2024 A2024-22 pt 2
notified LR 24 May 2024
s 1, s 2 commenced 24 May 2024 (LA s 75 (1))
pt 2 commenced 1 August 2024 (s 2 (a))
Monitoring of Places of Detention Legislation Amendment Act 2024 A2024-41 sch 1 pt 1.5
notified LR 17 September 2024
s 1, s 2 commenced 17 September 2024 (LA s 75 (1))
sch 1 pt 1.5 commenced 18 September 2024 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2024 A2024‑49 pt 9
notified LR 17 September 2024
s 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))
pt 9 taken to have commenced 11 June 2024 (s 2 (1) and see Human Rights (Complaints) Legislation Amendment Act 2023 A2023-53, s 2 (2))
Justice and Community Safety Legislation Amendment Act 2025 A2025‑2 pt 5
notified LR 20 February 2025
s 1, s 2 commenced 20 February 2025 (LA s 75 (1))
s 17, s 20, s 22 commenced 20 May 2025 (s 2 (2))
pt 5 remainder commenced 27 February 2025 (s 2 (1))
Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.49, sch 4 pt 4.95
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.49, sch 4 pt 4.95 commenced 16 November 2025 (s 2 (1), (9))
Amendment history
Commencement
s 2sub A2006‑3 s 4
om R1 LA s 89 (4)
Dictionary
s 3am A2015‑29 amdt 2.41
Main objects of Act
s 6am A2005‑46 s 4, s 5; A2007‑22 amdts 1.31-1.33; pars renum R3 LA
sub A2008‑22 amdt 1.23
am A2016‑1 ss 4-6; pars renum R21 LA; A2023-53 s 11; A2024‑22 s 4; pars renum R46 LA
What is a prescribed service?
s 6Ains A2016‑1 s 7
What is a health service?
s 7am A2010‑10 amdt 2.57; A2015‑29 amdt 2.42, amdt 2.43; A2018‑32 amdt 3.14, amdt 3.24
What is a disability service?
s 8 hdgsub A2005‑46 s 6
s 8am A2005‑46 s 6
What is a service for children and young people?
s 8Ains A2005‑46 s 7
am A2008‑20 amdt 2.20, amdt 3.31; A2023-45 amdt 1.30
What is a service for victims of crime?
s 9Ains A2016‑1 s 8
Members of commission
s 12am A2005‑46 s 8; pars renum A2005‑46 s 9; A2006‑44 s 4, s 5; pars renum R1 LA; A2016‑1 s 9, s 10; ss and pars renum R21 LA; A2016‑13 amdt 1.69; A2022-11 amdt 1.2
Commission’s functions
s 14am A2005‑46 s 10, s 11; pars renum A2005‑46 s 12; A2008‑20 amdt 3.32; A2010‑10 amdt 2.58; A2011‑22 amdt 1.254; A2015‑29 amdt 2.44, amdt 2.45; A2016‑1 ss 11-14; ss and pars renum R21 LA; A2018‑32 amdt 3.15; A2025‑29 amdt 3.166
President
div 3.2 hdgom A2006‑44 s 6
ins A2016‑1 s 15
President’s functions
s 18om A2006‑44 s 6
ins A2016‑1 s 15
am A2016‑13 amdt 1.70, amdt 1.71; A2018‑42 amdt 3.62
Governance and corporate support protocol
s 18Ains A2016‑1 s 15
am A2016‑13 amdt 1.72, amdt 1.73
Client services charter
s 18Bins A2016‑1 s 15
Operations protocol
s 18Cins A2016‑1 s 15
am A2016‑13 amdt 1.74, amdt 1.75
Appointment of commission members
div 3.2A hdg         ins A2016‑1 s 15
Appointment of commission members
s 18Dins A2016‑1 s 15
Ending appointments
s 18Eins A2016‑1 s 15
Delegation of member’s functions
s 18Fins A2016‑1 s 15
President’s functions
s 19om A2006‑44 s 6
Children and young people commissioner
div 3.3 hdgorig div 3.3 hdg renum as div 3.4 hdg
ins A2005‑46 s 13
Appointment of children and young people commissioner
s 19Ains A2005‑46 s 13
om A2016‑1 s 16
Children and young people commissioner’s functions
s 19Bins A2005‑46 s 13
am A2024‑22 s 5; pars renum R46 LA
Delegation of children and young people commissioner’s functions
s 19BAins A2006‑40 amdt 1.20
am A2008‑22 amdt 1.24
om A2016‑1 s 16
Advisory committees for services for children and young people
s 19Cins A2005‑46 s 13
Disability and community services commissioner
div 3.4 hdgorig div 3.4 hdg renum as div 3.5 hdg
(prev div 3.3 hdg) renum as div 3.4 hdg A2005‑46 s 15
Appointment of disability and community services commissioner
s 20om A2016‑1 s 16
Disability and community services commissioner’s functions
s 21sub A2005‑46 s 14
am A2016‑1 s 17; A2016‑13 amdt 1.76; pars renum R21 LA; A2020‑14 amdt 1.86; A2020-34 s 4; A2020‑49 amdt 1.1; A2023-53 s 12
Delegation of disability and community services commissioner’s functions
s 21Ains A2006‑40 amdt 1.21
am A2008‑22 amdt 1.24
om A2016‑1 s 18
Discrimination commissioner
div 3.5 hdgorig div 3.5 hdg renum as div 3.6 hdg
(prev div 3.4 hdg) renum as div 3.5 hdg A2005‑46 s 15
Appointment of discrimination commissioner
s 22om A2016‑1 s 18
Delegation of discrimination commissioner’s functions
s 23Ains A2006‑40 amdt 1.22
am A2008‑22 amdt 1.24
om A2016‑1 s 18
Health services commissioner
div 3.6 hdgorig div 3.6 hdg renum as div 3.7 hdg
(prev div 3.5 hdg) renum as div 3.6 hdg A2005‑46 s 15
Appointment of health services commissioner
s 24om A2016‑1 s 18
Health services commissioner’s functions
s 25am A2010‑10 amdt 2.59; A2016‑1 s 19
Delegation of health services commissioner’s functions
s 25Ains A2006‑40 amdt 1.23
am A2008‑22 amdt 1.24
om A2016‑1 s 20
Human rights commissioner
div 3.7 hdgorig div 3.7 hdg renum as div 3.8 hdg
(prev div 3.6 hdg) renum as div 3.7 hdg A2005‑46 s 15
Appointment of human rights commissioner
s 26sub A2006‑44 s 7
om A2016‑1 s 20
Human rights commissioner’s functions
s 27am A2017‑5 amdt 1.12
Delegation of human rights commissioner’s functions
s 27Ains A2006‑40 amdt 1.24
am A2008‑22 amdt 1.24
om A2016‑1 s 20
Public advocate
div 3.7A hdg         ins A2016‑1 s 21
Public advocate’s functions
s 27Bins A2016‑1 s 21
am A2016‑13 amdts 1.77-1.84; pars renum R21 LA
Public advocate to report to ACAT
s 27BAins A2016‑13 amdt 1.85
Disclosure of information about investigations by public advocate
s 27BBins A2016‑13 amdt 1.85
Engagement of lawyer by public advocate
s 27BCins A2016‑13 amdt 1.85
Victims of crime commissioner
div 3.7B hdg         ins A2016‑1 s 21
Victims of crime commissioner’s functions
s 27Cins A2016‑1 s 21
am A2022-11 amdt 1.3; A2023-57 amdt 1.6
Ending appointments
div 3.8 hdgorig div 3.8 hdg renum as div 3.9 hdg
(prev div 3.7 hdg) renum as div 3.8 hdg A2005‑46 s 19
om A2016‑1 s 22
Application—div 3.8
s 28 hdgsub A2005‑46 s 16
s 28am A2005‑46 s 17; pars renum A2005‑46 s 18
sub A2006‑44 s 28
om A2016‑1 s 22
Ending appointments
s 29am A2010‑30 amdt 1.30
om A2016‑1 s 22
Commission procedures
div 3.9 hdgorig div 3.9 hdg renum as div 3.10 hdg
(prev div 3.8 hdg) renum as div 3.9 hdg A2005‑46 s 19
Time and place of commission meetings
s 30am A2006‑44 s 9; A2016‑13 amdt 1.86
Presiding member at meetings
s 31om A2006‑44 s 10
ins A2016‑1 s 23
Quorum at meetings
s 32am A2016‑1 s 24
Voting at meetings
s 33am A2006‑44 s 11; A2016‑1 s 25
Individual with more than 1 role
s 34am A2016‑1 s 26, s 27
Conduct of meetings etc
s 35am A2008‑28 amdt 3.99
Consultants of commission
div 3.10 hdg(prev div 3.9 hdg) renum as div 3.10 hdg A2005‑46 s 19
sub A2016‑52 amdt 1.103
Staff of commission
s 36om A2016‑52 amdt 1.104
When may someone complain about a health service?
s 39am A2010‑10 amdt 2.60, amdt 2.61; A2015‑29 amdt 2.46; A2018‑32 amdt 3.16; A2023-29 s 5; pars renum R42 LA
When may someone complain about a disability service?
s 40 hdgsub A2005‑46 s 20
s 40am A2005‑46 s 20; A2013‑8 s 7; pars renum R18 LA; A2023‑57 amdt 1.7
When may someone complain about a service for children and young people?
s 40Ains A2005‑46 s 21
am A2024‑22 s 6; pars renum R46 LA
When may someone complain about a service for older people?
s 41am A2019‑10 s 10
When may someone complain about an occupancy dispute?
s 41Ains A2020-48 amdt 1.1
When may someone complain about treatment of vulnerable people?
s 41Bins A2020‑14 amdt 1.87
Victims rights complaints
s 41Cins A2020-34 s 5
Human rights complaints
s 41Dins A2023-53 s 13
am A2025-2 s 10
What complaints may be made under this Act?
s 42sub A2005‑46 s 22; A2015‑29 amdt 2.47, amdt 3.1
am A2016‑49 amdt 1.4, amdt 1.5; A2016‑49 amdt 1.6; ss renum R25 LA; A2018‑32 amdt 3.24; A2020‑14 amdt 1.88; A2020-34 s 6; A2020-48 amdt 1.2; A2020‑49 amdt 1.2; pars renum R41 LA; A2023-53 s 14; pars renum R45 LA
Who may make a complaint under this Act?
s 43am A2005‑46 s 23, s 24; A2006‑47 ss 22-25; ss renum R2 LA; A2008‑22 amdt 1.25, amdt 1.26; A2016‑49 amdts 1.7‑1.9; ss and pars renum R22 LA; A2020-34 s 7, s 8; A2020-48 amdt 1.3; A2023-53 s 15; ss renum R45 LA
Complaint to be in writing
s 44am A2010‑50 amdt 1.4; A2016‑49 amdt 1.10, amdt 1.11; ss and pars renum R22 LA
Commission’s obligation to be prompt and efficient
s 45am A2008‑22 amdt 1.27, amdt 1.28; A2010‑5 ss 16-18; A2010‑10 amdt 2.62; A2019‑10 s 11; pars renum R30 LA; A2020‑42 s 94; A2020-48 amdt 1.4; A2020‑49 amdt 1.3; pars renum R35 LA; A2023-57 s 22; A2025-2 ss 11-15, s 39; ss renum R48 LA
Complainant’s obligations in relation to complaint
s 46am A2020‑42 s 95; A2025-2 s 39
Outline—div 4.2
s 47am A2008‑22 amdt 1.29; A2008‑36 amdt 1.352; A2010‑10 amdt 2.63
Consideration without complaint or appropriate complainant
s 48am A2005‑46 s 25; A2008‑22 amdt 1.30, amdt 1.31; A2008‑36 amdt 1.353; A2015‑29 amdt 2.48, amdt 2.49, amdt 3.2; A2017-47 amdt 2.17; A2018‑32 amdt 3.24, amdt 3.25; A2020-34 s 9, s 10; A2023-57 s 23; A2024-41 amdt 1.18
Treatment of complaint if complaint dealt with as commission-initiated consideration
s 49am A2025-2 s 39
Allocating complaints
s 50am A2006‑44 s 12
om A2016‑1 s 28
Referring complaints for conciliation
s 51am A2020‑42 s 96
Referral of advocacy matters—children and young people
s 51A hdgsub A2023-57 s 24
s 51Ains A2005‑46 s 26
am A2008‑20 amdt 3.33; A2011‑22 amdt 1.254; A2016‑1 s 29; A2020-34 s 11; A2022‑25 amdt 1.75, amdt 1.76
Referral of advocacy matters—vulnerable people
s 51Bins A2023-57 s 25
Considering complaints
s 52am A2016‑1 s 30; A2023-7 amdt 1.2
Referral to appropriate statutory office-holder
s 52A(prev s 53A) ins A2008‑22 amdt 1.32
reloc and renum as s 52A A2008‑36 amdt 1.355
am A2020-34 s 12; A2023-57 s 26
Dealing with vulnerable person complaints
s 52Bins A2020‑14 amdt 1.89
am A2023-57 s 27; A2025-2 s 39
Effect of declaration made under Children and Young People Act 2008
s 52Cins A2023-7 amdt 1.3
Discrimination complaints to ACAT
div 4.2A hdg         ins A2008‑36 amdt 1.354
Definitions—div 4.2A
s 53sub A2008‑36 amdt 1.354; A2016‑49 amdt 1.12; A2020‑42 s 97
def commission-initiated discrimination matter ins A2020‑42 s 97
def complaint ins A2020‑42 s 97
def unlawful act sub A2020‑42 s 97
Referral of discrimination complaints other than commission-initiated discrimination matters
s 53A hdgsub A2020‑42 s 98
s 53Aorig s 53A reloc and renum as s 52A
ins A2008‑36 amdt 1.354
am A2010‑50 amdt 1.5; A2020‑42 s 99; A2025-2 s 39
Late application in exceptional circumstances
s 53Bins A2008‑36 amdt 1.354
am A2010‑50 amdt 1.6; A2020‑42 s 100
Referral of commission-initiated discrimination matters
s 53BAins A2020‑42 s 101
am A2025-2 s 39
Parties to ACAT proceeding on discrimination complaint
s 53Cins A2008‑36 amdt 1.354
am A2020‑42 s 102; A2025-2 s 39
Onus of establishing complaint about discrimination etc
s 53CAins A2016‑49 amdt 1.13
am A2016‑49 amdt 1.14; A2025-2 s 39
Reliance on exceptions and exemptions
s 53Dins A2008‑36 amdt 1.354
Commission to give information etc to ACAT
s 53DAins A2016‑49 amdt 1.15
Consideration of positive duty
s 53DBins A2023-7 amdt 1.4
Kinds of orders—unlawful acts under the Discrimination Act
s 53Eins A2008‑36 amdt 1.354
am A2016‑49 amdt 1.16; A2016‑49 amdt 1.17; ss renum R25 LA; A2025-2 s 39
Effect of declaration made under Children and Young People Act 2008
s 53EAins A2023-7 amdt 1.5
Certain older people service complaints to ACAT
div 4.2B hdgins A2019‑10 s 12
Definitions—div 4.2B
s 53Fins A2019‑10 s 12
om A2025-2 s 16
def person complained about ins A2019‑10 s 12
om A2025-2 s 16
def retirement village complaint ins A2019‑10 s 12
om A2025-2 s 16
Application—div 4.2B
s 53Gins A2019‑10 s 12
am A2025‑29 amdt 3.167
Retirement village complaints—referral
s 53Hins A2019‑10 s 12
am A2025-2 s 39
Retirement village complaints—late application in exceptional circumstances
s 53Iins A2019‑10 s 12
Referral of commission-initiated (retirement villages) matter
s 53IAins A2025-2 s 17
Retirement village complaints—parties to ACAT proceeding
s 53Jins A2019‑10 s 12
am A2025-2 s 39
Retirement village complaints—ACAT jurisdiction
s 53Kins A2019‑10 s 12
Retirement village complaints—commission to give information etc to ACAT
s 53Lins A2019‑10 s 12
Retirement village complaints—ACAT orders
s 53Mins A2019‑10 s 12
am A2025-2 s 39
Retirement village complaints—no monetary limit on jurisdiction of ACAT
s 53Nins A2019‑10 s 12
Retirement village complaints—other options for dispute resolution
s 53Oins A2019‑10 s 12
Occupancy dispute complaints to ACAT
div 4.2C hdgins A2020-48 amdt 1.5
sub A2025-2 s 18
Definitions—div 4.2C
s 53Pins A2020-48 amdt 1.5
om A2025-2 s 19
def occupancy dispute complaint ins A2020-48 amdt 1.5
om A2025-2 s 19
def person complained about ins A2020-48 amdt 1.5
om A2025-2 s 19
Application—div 4.2C
s 53Qins A2020-48 amdt 1.5
Occupancy dispute complaints—referral
s 53Rins A2020-48 amdt 1.5
am A2025-2 s 39
Occupancy dispute complaints—late application in exceptional circumstances
s 53Sins A2020-48 amdt 1.5
Referral of commission-initiated (occupancy dispute) matter
s 53SAins A2025-2 s 20
Occupancy dispute complaints—parties to ACAT proceeding
s 53Tins A2020-48 amdt 1.5
am A2025-2 s 39
Occupancy dispute complaints—ACAT jurisdiction
s 53Uins A2020-48 amdt 1.5
am A2020-48 amdt 2.1
Occupancy dispute complaints—commission to give information etc to ACAT
s 53Vins A2020-48 amdt 1.5
Occupancy dispute complaints—ACAT orders
s 53Wins A2020-48 amdt 1.5
Occupancy dispute complaints—monetary limit on jurisdiction of ACAT
s 53Xins A2020-48 amdt 1.5
Occupancy dispute complaints—other options for dispute resolution
s 53Yins A2020-48 amdt 1.5
Conversion practice complaints to ACAT
div 4.2D hdg         ins A2020‑49 amdt 1.4
Meaning of person complained about—div 4.2D
s 53Zins A2020‑49 amdt 1.4
om A2025-2 s 21
Conversion practice complaints—referral
s 53ZAins A2020‑49 amdt 1.4
am A2025-2 s 39
Conversion practice complaints—late application in exceptional circumstances
s 53ZBins A2020‑49 amdt 1.4
Referral of commission-initiated (conversion practice) matter
s 53ZBAins A2025-2 s 22
Conversion practice complaints—parties to ACAT proceeding
s 53ZCins A2020‑49 amdt 1.4
am A2025-2 s 39
Conversion practice complaints—commission to give information etc to ACAT
s 53ZDins A2020‑49 amdt 1.4
Conversion practice complaints—ACAT orders
s 53ZEins A2020‑49 amdt 1.4
am A2025-2 s 39
Conversion practice complaints—no monetary limit on jurisdiction of ACAT
s 53ZFins A2020‑49 amdt 1.4
Outline—div 4.3
s 54am A2025-2 s 39
What is conciliation?
s 55sub A2006‑44 s 13
Delegation of commission’s function of conciliation
s 56sub A2006‑44 s 14
Parties to conciliation
s 57am A2006‑44 s 25; A2025-2 s 39
Request for third party to attend
s 58am A2006‑44 s 25
Compulsory attendance at conciliation
s 59am A2006‑44 s 25; A2020-34 s 13
Conduct of conciliation
s 60am A2006‑44 s 25
Relationship between conciliation and consideration
s 61am A2006‑44 s 15, s 16
om A2020‑42 s 103
Conciliated agreements
s 62am A2006‑44 s 17, s 25; A2008‑36 amdt 1.356, amdt 1.357; A2019‑17 s 18, s 19; A2019‑10 s 13; A2020‑42 s 104, s 105; A2020-48 amdt 1.6; A2020‑49 amdt 1.5
Use of conciliation agreement by commission
s 63sub A2006‑44 s 18
Unsuccessful conciliation of discrimination matter
s 64am A2006‑44 s 25
om A2010‑50 amdt 1.7
End of conciliation
s 65am A2006‑44 s 19, s 25; A2025-2 s 39
Admissibility of evidence
s 66am A2006‑44 s 20; A2011‑48 amdt 1.33
Purpose of considering complaints
s 69am A2023-29 s 6, s 7
Commission may treat new entity as respondent
s 71Ains A2010‑5 s 19
sub A2025-2 s 23
Power to ask for information, documents and other things
s 73am A2020‑42 s 106; A2020-34 s 14, s 15; A2023-29 s 8
Requiring attendance etc
s 74am A2020-34 ss 16-18; A2023-29 s 9
Privileges against self-incrimination and exposure to civil penalty
s 75am A2023-29 s 10; ss renum R42 LA
When complaints can be closed
s 78am A2008‑22 amdt 1.33; A2008‑36 amdt 1.358, amdt 1.359; A2010‑10 amdt 2.64; A2010‑50 amdt 1.8; pars renum R14 LA; A2015‑29 amdt 2.50; A2016‑49 amdt 1.18; A2018‑32 amdt 3.25; A2019‑10 s 14; A2020‑42 s 107; A2020-48 amdt 1.7; A2020‑49 amdt 1.6; A2025-2 s 24
Reopening complaints
s 79am A2010‑50 amdt 1.9
How complaints are closed
s 80am A2010‑10 amdt 2.65; A2015‑29 amdt 2.51; A2018‑32 amdt 3.25; A2025-2 s 39
Final report
s 81am A2023-53 s 16; A2025-2 s 25
Closing discrimination complaints
s 82am A2008‑22 amdt 1.34; A2025-2 s 26, s 27; pars renum R48 LA
Closing retirement village complaints
s 82Ains A2019‑10 s 15
am A2025-2 s 28, s 29; pars renum R48 LA
Closing occupancy dispute complaints
s 82Bins A2020-48 amdt 1.8
am A2025-2 s 30, s 31; pars renum R48 LA
Closing conversion practice complaints
s 82Cins A2020‑49 amdt 1.7
am A2025-2 s 32, s 33; pars renum R48 LA
Closing human rights complaints if conciliation unlikely to succeed
s 82Dins A2023-53 s 17
am A2025-2 s 39
Third-party reports
s 83am A2014‑49 s 15, s 16; A2015‑29 amdt 2.52; A2018‑32 amdt 3.25; A2023-53 s 18; ss renum R45 LA; A2025-2 s 34, s 39
Commission-initiated reports
s 84am A2023-57 s 28
Responding to recommendations
s 85am A2018‑42 amdt 3.63; A2020-34 s 19; ss renum R33 LA
Publication of information in relation to human rights complaints
s 86Ains A2023-53 s 19
Discrimination referral statements
s 88sub A2008‑22 amdt 1.35; A2008‑36 amdt 1.360
Retirement village referral statements
s 88Ains A2019‑10 s 16
Occupancy dispute referral statements
s 88Bins A2020-48 amdt 1.9
Conversion practice referral statements
s 88Cins A2020‑49 amdt 1.8
Additional matters for health service complaints
pt 5 hdgsub A2015‑29 amdt 2.53, amdt 3.3
am A2018‑32 amdt 3.25
sub A2023-29 s 11
Approval of health code
s 89am A2012‑21 amdt 3.99; A2025‑29 amdt 4.95
Relationship between commission, health profession boards and veterinary practitioners board
div 5.2 hdgsub A2015‑29 amdt 2.54, amdt 3.4
am A2018‑32 amdt 3.25
Meaning of registered health practitioner and registered veterinary practitioner—div 5.2
s 91 hdgsub A2015‑29 amdt 3.5
am A2018‑32 amdt 3.24
s 91sub A2015‑29 amdt 2.54
am A2015‑29 amdt 3.6; A2018‑32 amdt 3.24
Referral of complaints to boards
s 92am A2010‑5 s 20, s 21
(4)-(6) exp 9 June 2010 (s 92 (6))
am A2010‑10 amdt 2.66
sub A2015‑29 amdt 2.54, amdt 3.7
am A2018‑32 amdt 3.24
Complaints referred to veterinary practitioners board
s 93 hdgam A2018‑32 amdt 3.25
s 93sub A2015‑29 amdt 2.54
am A2015‑29 amdt 3.8, amdt 3.9; A2018‑32 amdt 3.17; A2018‑32 amdt 3.24
Consideration of complaints
s 94 hdgsub A2015‑29 amdt 3.10
s 94sub A2015‑29 amdt 2.54
am A2015‑29 amdt 3.11, amdt 3.12; A2018‑32 amdt 3.24
Health care worker code of conduct
div 5.3 hdgins A2023-29 s 12
Definitions—div 5.3
s 94Ains A2023-29 s 12
def code of conduct ins A2023-29 s 12
def complaint ins A2023-29 s 12
def corresponding law ins A2023-29 s 12
def final order ins A2023-29 s 12
def health care worker ins A2023-29 s 12
def interim order ins A2023-29 s 12
def prohibition or condition order ins A2023-29 s 12
def public servant complaint ins A2023-29 s 12
def public service entity ins A2023-29 s 12
def public statement ins A2023-29 s 12
def register ins A2023-29 s 12
def relevant professional body ins A2023-29 s 12
Meaning of health care worker—div 5.3
s 94Bins A2023-29 s 12
Code of conduct may be prescribed
s 94Cins A2023-29 s 12
Code of conduct breach by public servants
s 94Dins A2023-29 s 12
Code of conduct breach by public servants—information sharing
s 94Eins A2023-29 s 12
Principles for making prohibition or condition order or public statement
s 94Fins A2023-29 s 12
Interim prohibition or condition order
s 94Gins A2023-29 s 12
Final prohibition or condition order
s 94Hins A2023-29 s 12
Public statement about health care worker or health service
s 94Iins A2023-29 s 12
Statement of reasons for prohibition or condition order or public statement
s 94Jins A2023-29 s 12
Correction of public statement
s 94Kins A2023-29 s 12
Variation of prohibition or condition order
s 94Lins A2023-29 s 12
Cancellation of prohibition or condition order
s 94Mins A2023-29 s 12
Health care worker must give notice of registration as health practitioner
s 94Nins A2023-29 s 12
Non-compliance with prohibition or condition order
s 94Oins A2023-29 s 12
Non-compliance with corresponding prohibition or condition order
s 94Pins A2023-29 s 12
Commission to keep register
s 94Qins A2023-29 s 12
Exchange of information
s 94Rins A2023-29 s 12
Notification and review of decisions
div 5.4 hdgins A2023-29 s 12
Meaning of reviewable decision––div 5.4
s 94Sins A2023-29 s 12
Reviewable decision notices
s 94Tins A2023-29 s 12
am A2025‑29 amdt 4.95
Applications for review
s 94Uins A2023-29 s 12
am A2025‑29 amdt 4.95
Child safe standards
pt 5A hdgins A2024‑22 s 7
Child safe standards
s 94Vins A2024‑22 s 7
Implementing child safe standards
s 94Wins A2024‑22 s 7
Review of child safe standards
s 94Xins A2024‑22 s 7
exp 1 August 2031 (s 94X (3))
Information about complaints
s 95am A2005‑46 s 27; A2010‑10 amdt 2.67; A2014‑49 s 17
Inspection of incorporated documents
s 96am A2011‑22 amdt 1.254
Notification of certain incorporated documents
s 97am A2011‑22 amdt 1.254; A2025‑29 amdt 4.95
Secrecy
s 99am A2005‑46 s 28; A2006‑44 s 21; pars renum R1 LA; A2016‑49 amdt 1.19
Information sharing between commissioners
s 99Ains A2020‑14 amdt 1.90
am A2025‑29 amdt 3.168
Information sharing with Aboriginal and Torres Strait Islander children and young people commissioner
s 99Bins A2022‑25 amdt 1.77
Cooperation with Aboriginal and Torres Strait Islander children and young people commissioner’s office
s 99Cins A2022‑25 amdt 1.77
Protection of officials from liability
s 100am A2006‑44 s 22; pars renum R1 LA
Protection of others from liability
s 100Ains A2010‑5 s 22
am A2016‑1 s 31
sub A2016‑13 amdt 1.87
Independence of DPP
s 100Bins A2020-34 s 20
Intergovernmental arrangements
s 101am A2012‑21 amdt 3.100; ss renum R17 LA; A2025‑29 amdt 4.95
Determination of fees and expenses for people asked to attend conciliation
s 103am A2012‑21 amdt 3.101; A2025‑29 amdt 4.95
Approved forms
s 104am A2025‑29 amdt 4.95
Regulation-making power
s 105am A2025‑29 amdt 4.95
Review of protection of rights services legislation
s 105Ains A2016‑13 amdt 1.88
exp 1 April 2021 (s 105A (5))
Expiry—vulnerable person complaint provisions
s 105Bins A2020‑14 amdt 1.91
am A2020‑42 s 108
om A2021‑24 s 22
Transitional
pt 7 hdgexp 1 November 2007 (s 121)
Definitions for pt 7
s 106exp 1 November 2007 (s 121)
Conduct engaged in by previous discrimination commissioner
s 107exp 1 November 2007 (s 121)
Conduct engaged in by community and health services complaints commissioner
s 108exp 1 November 2007 (s 121)
Complaints under CHSC Act and HR(PA) Act
s 109exp 1 November 2007 (s 121)
Undeclined complaints under pre-amendment Discrimination Act
s 110exp 1 November 2007 (s 121)
Investigations under pre-amendment Discrimination Act
s 111exp 1 November 2007 (s 121)
Right to make applications to discrimination tribunal
s 112exp 1 November 2007 (s 121)
Requirement under pre-amendment Discrimination Act
s 113exp 1 November 2007 (s 121)
Direction by discrimination commissioner
s 114exp 1 November 2007 (s 121)
Undecided applications to discrimination tribunal to strike out complaint
s 115exp 1 November 2007 (s 121)
Other undecided applications to discrimination tribunal
s 116exp 1 November 2007 (s 121)
Requests to review under HR(PA) Act
s 117exp 1 November 2007 (s 121)
Appeal rights in relation to requests to review
s 118exp 1 November 2007 (s 121)
References to community and health services complaints commissioner
s 119exp 1 November 2007 (s 121)
Transitional regulations
s 120exp 1 November 2007 (s 121)
Expiry of pt 7
s 121exp 1 November 2007 (s 121)
Transitional—Human Rights (Complaints) Legislation Amendment Act 2023
pt 8 hdgins A2023-53 s 20
exp 11 June 2026 (s 126)
Contravention of Human Rights Act 2004 before commencement day
s 125ins A2023-53 s 20
exp 11 June 2026 (s 126)
Expiry—pt 8
s 126ins A2023-53 s 20
exp 11 June 2026 (s 126)
Transitional—Justice and Community Safety Legislation Amendment Act 2025
pt 9 hdgins A2025-2 s 35
exp 27 February 2027 (s 130)
Meaning of commencement day—pt 9
s 127ins A2025-2 s 35
exp 27 February 2027 (s 130)
Person complained about taken to be respondent
s 128ins A2025-2 s 35
exp 27 February 2027 (s 130)
Person complained about in complaint referred to ACAT not yet decided
s 129ins A2025-2 s 35
exp 27 February 2027 (s 130)
Expiry—pt 9
s 130ins A2025-2 s 35
exp 27 February 2027 (s 130)
Reviewable decisions
sch 1ins A2023-29 s 13
Dictionary
dictam A2005‑46 s 29, s 30; A2008‑36 amdts 1.361-1.363; A2010‑10 amdt 2.68; A2010‑30 amdt 1.31; A2011‑22 amdt 1.255; A2015‑29 amdt 2.55; A2018‑42 amdt 3.64; A2018‑32 amdt 3.24; A2020-34 s 21; A2023-29 s 14; A2025‑29 amdt 3.169
def Aboriginal and Torres Strait Islander children and young people commissioner ins A2022‑25 amdt 1.78
def Aboriginal or Torres Strait Islander child or young person ins A2022‑25 amdt 1.78
def Aboriginal or Torres Strait Islander person ins A2022‑25 amdt 1.78
def act sub A2023-53 s 21
def applicable standard sub A2005‑46 s 31
def child ins A2005‑46 s 32
def children and young people commissioner ins A2005‑46 s 32
sub A2016‑1 s 32
def children and young people service complaint ins A2005‑46 s 32
def child safe standards ins A2024‑22 s 8
def code of conduct ins A2023-29 s 15
def commissioner ins A2016‑1 s 33
def commission-initiated discrimination matter ins A2020‑42 s 109
def complaint ins A2015‑29 amdt 2.56
sub A2015‑29 amdt 3.13
am A2018‑32 amdt 3.18; A2020‑42 s 110; A2023-29 s 16
def conciliator om A2006‑44 s 23
def conversion practice complaint ins A2020‑49 amdt 1.9
def conversion practice referral statement ins A2020‑49 amdt 1.9
def corresponding law ins A2023-29 s 17
def disability and community services commissioner sub A2016‑1 s 34
def disability service ins A2005‑46 s 32
def discrimination commissioner ins A2005‑46 s 32
sub A2016‑1 s 34
def discrimination complaint sub A2005‑46 s 33
def final order ins A2023-29 s 17
def final report sub A2018‑42 amdt 3.65
def health care worker ins A2023-29 s 17
def health professional om A2015‑29 amdt 2.57
def health professional report om A2015‑29 amdt 2.57
def health services commissioner sub A2016‑1 s 35
def human rights commissioner sub A2016‑1 s 35
def human rights complaint ins A2023-53 s 22
def incorporated document sub A2005‑46 s 34
def interim order ins A2023-29 s 17
def justice agency ins A2020-34 s 22
def occupancy agreement ins A2020-48 amdt 1.10
def occupancy dispute ins A2020-48 amdt 1.10
def occupancy dispute complaint ins A2020-48 amdt 1.10
def occupancy dispute referral statement ins A2020-48 amdt 1.10
def older people service complaint am A2012‑21 amdt 3.102
def operator ins A2019‑10 s 17
def party am A2025-2 s 39
def person complained about ins A2019‑10 s 17
sub A2020-48 amdt 1.11
am A2020‑49 amdt 1.10; A2023-53 s 23; A2024-49 s 18
om A2025-2 s 36
def prescribed service ins A2018‑42 amdt 3.66
def president om A2006‑44 s 24
ins A2016‑1 s 36
def prohibition or condition order ins A2023-29 s 17
def public advocate ins A2016‑1 s 36
de public authority ins A2023-53 s 24
am A2024-49 s 19
def public servant complaint ins A2023-29 s 17
def public service entity ins A2023-29 s 17
def public statement ins A2023-29 s 17
def register ins A2023-29 s 17
def registered sub A2015‑29 amdt 2.58, amdt 3.14
am A2018‑32 amdt 3.19
def registered health practitioner ins A2018‑42 amdt 3.66
def registered veterinary practitioner ins A2018‑32 amdt 3.20
def registered veterinary surgeon ins A2015‑29 amdt 2.59
am A2015‑29 amdt 3.15
sub A2018‑42 amdt 3.67
om A2018‑32 amdt 3.21
def related Act am A2015‑29 amdt 2.60, amdt 2.61; pars renum R20 LA; A2016‑1 s 37, s 38; pars renum R21 LA; A2018‑32 amdt 3.22; A2023-57 amdt 1.8
def relevant board ins A2015‑29 amdt 3.16
am A2018‑32 amdt 3.23
def relevant professional body ins A2023-29 s 17
def respondent ins A2025-2 s 37
def retirement village complaint ins A2019‑10 s 17
sub A2025-2 s 38
def retirement village referral statement ins A2019‑10 s 17
def reviewable decision ins A2023-29 s 17
def service for children and young people ins A2005‑46 s 35
def service for people with a disability om A2005‑46 s 36
def service for victims of crime ins A2016‑1 s 39
def sexuality or gender identity conversion practice ins A2020‑49 amdt 1.11
def unlawful act ins A2008‑36 amdt 1.364
def victims of crime commissioner ins A2016‑1 s 39
def victims rights complaint ins A2020-34 s 22
def vulnerable person complaint ins A2020‑14 amdt 1.92
def young person ins A2005‑46 s 37

Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date Effective Last amendment made by Republication for

R1
1 Nov 2006 1 Nov 2006–
27 May 2007 A2006‑44 new Act and amendments by A2005‑46, A2006‑3, A2006‑40 and A2006‑44

R2
28 May 2007 28 May 2007–
5 Sept 2007 A2006‑47 amendments by A2006‑47

R3
6 Sept 2007 6 Sept 2007–
1 Nov 2007 A2007‑22 amendments by A2007‑22

R4
2 Nov 2007 2 Nov 2007–
28 July 2008 A2007‑22 commenced expiry

R5
29 July 2008 29 July 2008–
25 Aug 2008 A2008‑22 amendments by A2008‑22

R6
26 Aug 2008 26 Aug 2008–
8 Sept 2008 A2008‑28 amendments by A2008‑28

R7
9 Sept 2008 9 Sept 2008–
26 Oct 2008 A2008‑36 amendments by A2008‑20

R8
27 Oct 2008 27 Oct 2008–
1 Feb 2009 A2008‑36 amendments by A2008‑20

R9
2 Feb 2009 2 Feb 2009–
8 Mar 2010 A2008‑36 amendments by A2008‑36

R10
9 Mar 2010 9 Mar 2010–
9 June 2010 A2010‑5 amendments by A2010‑5

R11
10 June 2010 10 June 2010–
30 June 2010 A2010‑10 commenced expiry

R12
1 July 2010 1 July 2010–
27 Sept 2010 A2010‑10 amendments by A2010‑10

R13
28 Sept 2010 28 Sept 2010–
20 Dec 2010 A2010‑30 amendments by A2010‑30

R14
21 Dec 2010 21 Dec 2010–
30 June 2011 A2010‑50 amendments by A2010‑50

R15
1 July 2011 1 July 2011–
29 Feb 2012 A2011‑22 amendments by A2011‑22

R16
1 Mar 2012 1 Mar 2012–
4 June 2012 A2011‑48 amendments by A2011‑48

R17
5 June 2012 5 June 2012–
6 Mar 2013 A2012‑21 amendments by A2012‑21

R18
7 Mar 2013 7 Mar 2013–
16 Nov 2014 A2013‑8 amendments by A2013‑8

R19
17 Nov 2014 17 Nov 2014–
30 Nov 2015 A2014‑49 amendments by A2014‑49

R20
1 Dec 2015 1 Dec 2015–
31 Mar 2016 A2015-29 amendments by A2015-29

R21
1 Apr 2016 1 Apr 2016–
23 Aug 2016 A2016-13 amendments by A2016-1 and A2016-13

R22
24 Aug 2016 24 Aug 2016–
31 Aug 2016 A2016-49 amendments by A2016-49

R23
1 Sept 2016 1 Sept 2016–
1 Mar 2017 A2016-52 amendments by A2016-52

R24
2 Mar 2017 2 Mar 2017–
2 Apr 2017 A2017‑5 amendments by A2017‑5

R25
3 Apr 2017 3 Apr 2017–
7 Dec 2017 A2017‑5 amendments by A2016‑49

R26
8 Dec 2017 8 Dec 2017–
21 Nov 2018 A2017-47 amendments by A2017-47

R27
22 Nov 2018 22 Nov 2018–
20 Dec 2018 A2018‑42 amendments by A2018‑42

R28
21 Dec 2018 21 Dec 2018–
20 June 2019 A2018‑42 amendments by A2018‑32

R29
21 June 2019 21 June 2019–
30 June 2019 A2019‑17 amendments by A2019‑17

R30
1 July 2019 1 July 2019–
13 May 2020 A2019‑17 amendments by A2019-10

R31
14 May 2020 14 May 2020–
27 Aug 2020 A2020‑14 amendments by A2020‑14

R32
28 Aug 2020 28 Aug 2020–
31 Dec 2020 A2020‑42 amendments by A2020‑42

R33
1 Jan 2021 1 Jan 2021–
2 Mar 2021 A2020‑42 amendments by A2020-34

R34
3 Mar 2021 3 Mar 2021–
3 Mar 2021 A2020‑48 amendments by A2020‑48

R35
4 Mar 2021 4 Mar 2021–
1 Apr 2021 A2020‑49 amendments by A2020‑49

R36
2 Apr 2021 2 Apr 2021–
13 Oct 2021 A2020‑49 expiry of provision (s 105A)

R37
14 Oct 2021 14 Oct 2021–
29 Jan 2022 A2021‑24 amendments by A2021‑24

R38
30 Jan 2022 30 Jan 2022–
14 Dec 2022 A2021‑24 amendments by A2020-48

R39
15 Dec 2022 15 Dec 2022–
16 Dec 2022 A2022-25 amendments by A2022-25

R40
17 Dec 2022 17 Dec 2022–
11 Dec 2023 A2022‑25 amendments by A2022-11

R41
12 Dec 2023 12 Dec 2023–
6 Jan 2024 A2023‑57 amendments by A2023‑57

R42
7 Jan 2024 7 Jan 2024–
26 Mar 2024 A2023‑57 amendments by A2023-29

R43
27 Mar 2024 27 Mar 2024–
10 Apr 2024 A2023‑57 amendments by A2023-45

R44
11 Apr 2024 11 Apr 2024–
10 June 2024 A2023‑57 amendments by A2023-7

R45
11 June 2024 11 June 2024–
31 July 2024 A2023‑57 amendments by A2023-53

R45 (RI)
17 Sept 2024 11 June 2024–
31 July 2024 A2023‑57 reissued for retrospective amendments by A2024-49

R46
1 Aug 2024 1 Aug 2024–
17 Sept 2024 A2024‑22 amendments by A2024‑22

R46 (RI)
17 Sept 2024 1 Aug 2024–
17 Sept 2024 A2024‑22 reissued for retrospective amendments by A2024-49

R47
18 Sept 2024 18 Sept 2024–
26 Feb 2025 A2024-49 amendments by A2024‑41

R48
27 Feb 2025 27 Feb 2025–
19 May 2025 A2025‑2 amendments by A2025‑2

R49
20 May 2025 20 May 2025–
15 Nov 2025 A2025‑2 amendments by A2025‑2

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 Nov 2006	1 Nov 2006– 27 May 2007	A2006‑44	new Act and amendments by A2005‑46, A2006‑3, A2006‑40 and A2006‑44
R2 28 May 2007	28 May 2007– 5 Sept 2007	A2006‑47	amendments by A2006‑47
R3 6 Sept 2007	6 Sept 2007– 1 Nov 2007	A2007‑22	amendments by A2007‑22
R4 2 Nov 2007	2 Nov 2007– 28 July 2008	A2007‑22	commenced expiry
R5 29 July 2008	29 July 2008– 25 Aug 2008	A2008‑22	amendments by A2008‑22
R6 26 Aug 2008	26 Aug 2008– 8 Sept 2008	A2008‑28	amendments by A2008‑28
R7 9 Sept 2008	9 Sept 2008– 26 Oct 2008	A2008‑36	amendments by A2008‑20
R8 27 Oct 2008	27 Oct 2008– 1 Feb 2009	A2008‑36	amendments by A2008‑20
R9 2 Feb 2009	2 Feb 2009– 8 Mar 2010	A2008‑36	amendments by A2008‑36
R10 9 Mar 2010	9 Mar 2010– 9 June 2010	A2010‑5	amendments by A2010‑5
R11 10 June 2010	10 June 2010– 30 June 2010	A2010‑10	commenced expiry
R12 1 July 2010	1 July 2010– 27 Sept 2010	A2010‑10	amendments by A2010‑10
R13 28 Sept 2010	28 Sept 2010– 20 Dec 2010	A2010‑30	amendments by A2010‑30
R14 21 Dec 2010	21 Dec 2010– 30 June 2011	A2010‑50	amendments by A2010‑50
R15 1 July 2011	1 July 2011– 29 Feb 2012	A2011‑22	amendments by A2011‑22
R16 1 Mar 2012	1 Mar 2012– 4 June 2012	A2011‑48	amendments by A2011‑48
R17 5 June 2012	5 June 2012– 6 Mar 2013	A2012‑21	amendments by A2012‑21
R18 7 Mar 2013	7 Mar 2013– 16 Nov 2014	A2013‑8	amendments by A2013‑8
R19 17 Nov 2014	17 Nov 2014– 30 Nov 2015	A2014‑49	amendments by A2014‑49
R20 1 Dec 2015	1 Dec 2015– 31 Mar 2016	A2015-29	amendments by A2015-29
R21 1 Apr 2016	1 Apr 2016– 23 Aug 2016	A2016-13	amendments by A2016-1 and A2016-13
R22 24 Aug 2016	24 Aug 2016– 31 Aug 2016	A2016-49	amendments by A2016-49
R23 1 Sept 2016	1 Sept 2016– 1 Mar 2017	A2016-52	amendments by A2016-52
R24 2 Mar 2017	2 Mar 2017– 2 Apr 2017	A2017‑5	amendments by A2017‑5
R25 3 Apr 2017	3 Apr 2017– 7 Dec 2017	A2017‑5	amendments by A2016‑49
R26 8 Dec 2017	8 Dec 2017– 21 Nov 2018	A2017-47	amendments by A2017-47
R27 22 Nov 2018	22 Nov 2018– 20 Dec 2018	A2018‑42	amendments by A2018‑42
R28 21 Dec 2018	21 Dec 2018– 20 June 2019	A2018‑42	amendments by A2018‑32
R29 21 June 2019	21 June 2019– 30 June 2019	A2019‑17	amendments by A2019‑17
R30 1 July 2019	1 July 2019– 13 May 2020	A2019‑17	amendments by A2019-10
R31 14 May 2020	14 May 2020– 27 Aug 2020	A2020‑14	amendments by A2020‑14
R32 28 Aug 2020	28 Aug 2020– 31 Dec 2020	A2020‑42	amendments by A2020‑42
R33 1 Jan 2021	1 Jan 2021– 2 Mar 2021	A2020‑42	amendments by A2020-34
R34 3 Mar 2021	3 Mar 2021– 3 Mar 2021	A2020‑48	amendments by A2020‑48
R35 4 Mar 2021	4 Mar 2021– 1 Apr 2021	A2020‑49	amendments by A2020‑49
R36 2 Apr 2021	2 Apr 2021– 13 Oct 2021	A2020‑49	expiry of provision (s 105A)
R37 14 Oct 2021	14 Oct 2021– 29 Jan 2022	A2021‑24	amendments by A2021‑24
R38 30 Jan 2022	30 Jan 2022– 14 Dec 2022	A2021‑24	amendments by A2020-48
R39 15 Dec 2022	15 Dec 2022– 16 Dec 2022	A2022-25	amendments by A2022-25
R40 17 Dec 2022	17 Dec 2022– 11 Dec 2023	A2022‑25	amendments by A2022-11
R41 12 Dec 2023	12 Dec 2023– 6 Jan 2024	A2023‑57	amendments by A2023‑57
R42 7 Jan 2024	7 Jan 2024– 26 Mar 2024	A2023‑57	amendments by A2023-29
R43 27 Mar 2024	27 Mar 2024– 10 Apr 2024	A2023‑57	amendments by A2023-45
R44 11 Apr 2024	11 Apr 2024– 10 June 2024	A2023‑57	amendments by A2023-7
R45 11 June 2024	11 June 2024– 31 July 2024	A2023‑57	amendments by A2023-53
R45 (RI) 17 Sept 2024	11 June 2024– 31 July 2024	A2023‑57	reissued for retrospective amendments by A2024-49
R46 1 Aug 2024	1 Aug 2024– 17 Sept 2024	A2024‑22	amendments by A2024‑22
R46 (RI) 17 Sept 2024	1 Aug 2024– 17 Sept 2024	A2024‑22	reissued for retrospective amendments by A2024-49
R47 18 Sept 2024	18 Sept 2024– 26 Feb 2025	A2024-49	amendments by A2024‑41
R48 27 Feb 2025	27 Feb 2025– 19 May 2025	A2025‑2	amendments by A2025‑2
R49 20 May 2025	20 May 2025– 15 Nov 2025	A2025‑2	amendments by A2025‑2