Human Rights Commission Act 2005

This section applies to a children and young people service complaint if—

the complaint relates to a child or young person; and

the director‑general under the Children and Young People Act 2008 has parental responsibility for the child or young person.

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—

it is in the best interests of the child or young person that the complaint or matter be referred for advocacy; and

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

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.

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.