Human Rights Commission Act 2005

The president has the following functions:

managing the administration of the commission;

the efficient and effective financial management of the commission’s resources;

ensuring the commission’s functions are exercised in an orderly and prompt way;

developing a governance and corporate support protocol in accordance with section 18A;

developing a client service charter in accordance with section 18B;

developing an operations protocol in accordance with section 18C;

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;

reporting, or coordinating reporting, on behalf of the commission in accordance with subsection (2);

promoting community discussion, and providing community education and information, about—

this Act and related Acts; and

the operation of the commission; and

the procedures for making complaints;

advising the Minister about any matter in relation to this Act or a related Act;

collecting information about the operation of this Act and related Acts, and publishing the information;

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);

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;

any other function given to the president under this Act or another territory law.

The president—

must for each inquiry and review mentioned in section 14 (1) (d)—

report, in writing, to the Minister and other appropriate entities about the inquiry or review; and

advise the Minister and other appropriate entities about those matters; and

is responsible for giving reports (other than a health practitioner report) under the following sections on behalf of the commission:

section 17 (Minister’s directions);

section 83 (Third-party reports);

section 84 (Commission-initiated reports);

section 87 (Reporting to Minister); and

may report, in writing, to the Minister on the following systemic matters:

a matter of public importance relating to the commission, including how the commission handles complaints under the Act;

a matter affecting the system—

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

for the provision of prescribed services (or a class of prescribed services) as a whole, rather than a matter affecting an individual alone.

The president may exercise any function given to any other commissioner under this Act or another territory law.

To remove any doubt, the Minister may, but need not, present advice mentioned in subsection (2) (a) to the Legislative Assembly.

A report under s 87 must be presented to the Legislative Assembly.

In this section:

a notification under the Health Practitioner Regulation National Law (ACT), section 150 (2); or

a report under that Law, section 150 (5A).