Third-party reports
83 Third-party reports
The commission may give a third party a report (a third-party report) other than a final report if, in considering a complaint, the commission is satisfied—
that—
the third party has acted inconsistently with an applicable standard that applies to the third party, or is otherwise failing to adequately do something the third party is required to do; or
Applicable standard—see the dictionary.
the report is about matters of public policy; or
the report is about matters that the third party has an appropriate interest in; and
that it is in the public interest to give the report.
Examples—people to whom third-party report may be given
1 a Minister
2 a non-government provider
3 the employer of the respondent
4 the veterinary practitioners board
5 a hospital or other institution where services are provided by the respondent
6 a funding body
Examples—what third-party report may be about
1 systemic issues
2 issues of public interest
3 issues relating to safety
A third-party report need not be limited to matters raised by the complaint.
A third-party report given by the commission in considering a human rights complaint may recommend any action the commission considers the third party should take to ensure their acts and decisions are compatible with human rights.
If a third-party report recommends that action be taken, it must state the reasonable time within which the action should be taken.
However, the commission must not include an adverse comment in relation to a person in a third-party report unless the commission has given the person a reasonable opportunity to respond to the proposed comment.
To remove any doubt, a third-party report may be made after a final report has been made, whether or not the respondent has complied with any recommendation made to them.
In this section:
third-party means an entity other than the complainant or the respondent.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.