Human Rights Commission Act 2005

Before taking either of the following actions in relation to a vulnerable person complaint, the commission must obtain the consent of the vulnerable person the subject of the complaint:

telling the respondent, in writing, that the complaint is to be considered under section 45 (3) (c);

referring a complaint to a statutory office-holder under section 52A.

However, consent is not required—

if the person is not capable of giving consent, even with appropriate support; or

if it is not appropriate to obtain consent because of the seriousness of the complaint or the risk of harm to the vulnerable person; or

if the person is not capable of giving free or voluntary consent; or

if the commission cannot access the person to seek their consent.