Human Rights Commission Act 2005

A complaint about an act, service or conduct may be made to the commission under this Act by—

a person (the aggrieved person) aggrieved by the act, service or conduct; or

an agent of the aggrieved person; or

if the aggrieved person is a child or young person—a parent or guardian of the aggrieved person; or

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

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

if the complaint is a discrimination complaint—a person who has a sufficient interest in the complaint; or

if the complaint is a health service complaint, disability service complaint or older people service complaint—anyone; or

if the complaint is an occupancy dispute complaint—an occupant under the occupancy agreement.

If 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)).

If 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).

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.

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.

To remove any doubt—

no-one may be required to make a complaint; and

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

if a complaint is made under subsection (1) (g)—the complainant cannot require the complaint to be considered.

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).

A person may act as the agent of the aggrieved person only if the person is—

authorised in writing to act for the aggrieved person; or

authorised by the commission to act for the aggrieved person.

A person mentioned in subsection (1) (f) may make a complaint only if the aggrieved person consents to the making of the complaint.

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.

A single complaint may be made by or for 2 or more aggrieved people.