Human Rights Commission Act 2005

This section applies if—

the commission refers a complaint to the ACAT under this division; and

the ACAT is satisfied that the respondent engaged in an unlawful act.

The ACAT must make 1 or more of the following orders:

that the respondent not repeat or continue the unlawful act;

that the respondent perform a stated reasonable act to redress any loss or damage suffered by a person because of the unlawful act;

unless the complaint has been dealt with as a representative complaint—that the respondent pay to a person a stated amount by way of compensation for any loss or damage suffered by the person because of the unlawful act.

In making an order under subsection (2) (c), the ACAT must consider—

the person’s right to equality before the law and the impact of the discrimination on the enjoyment of that right; and

the inherent dignity of all people and the impact of the discrimination on the person’s dignity; and

the public interest in ensuring an appropriate balance between the right to equal and effective protection against discrimination and equality before the law without distinction or discrimination and other human rights; and

the nature of the discrimination; and

any mitigating factors.

The commission may, with the ACAT’s consent, intervene in a complaint to make submissions about an order under subsection (2) (c).

In this section: