PART 4 — COMPLAINTS AND INVESTIGATIONS [HRA 27] Complaints about contravention of human rights 27 (1) Any person may make a complaint to the Commission, including a representative complaint on behalf of other persons with a similar cause of complaint, about a contravention or alleged contravention of human rights. (2) Notwithstanding anything contained in this Act, the Commission shall not receive, nor shall it investigate on its own motion, any complaints questioning or challenging the legality or validity of the Fiji Constitution Amendment Act 1997 Revocation Decree 2009 or such other Decrees made or as may be made by the President. [HRA 28] Complaints about unlawful discrimination 28 (1) Any person may make a complaint to the Commission, including a representative complaint on behalf of other persons with a similar cause of complaint, about unfair discrimination. (2) Notwithstanding anything contained in this Act, the Commission shall not receive, nor shall it investigate on its own motion, any complaints questioning or challenging the legality or validity of the Fiji Constitution Amendment Act 1997 Revocation Decree 2009 or such other Decrees made or as may be made by the President. [HRA 29] Discretion whether to investigate 29 (1) The Commission must investigate any complaint received by it, unless before commencing or during the investigation it decides not to do so because— (a) the complaint is not within the jurisdiction of the Commission; (b) the complaint is trivial, frivolous, vexatious or not made in good faith; (c) the complainant, or a person acting on his or her behalf, has brought proceedings relating to the same matter in a court or tribunal; (d) the complainant has available another remedy or channel of complaint that the complainant could reasonably be expected to use; (e) the complainant has not a sufficient interest in the complaint; (f) the person alleged to be aggrieved does not desire that the complaint be investigated; (g) the complaint has been delayed too long to justify an investigation; (h) the Commission has before it matters more worthy of its attention; or (i) the resources of the Commission are insufficient for adequate investigation, and may defer or discontinue an investigation for any of these reasons. (2) No decision by the Commission to decline, defer or discontinue an investigation into a complaint affects the Commission’s power to inquire generally into a matter of its own initiative. [HRA 30] Investigation of Commission’s own motion 30 Subject to sections 27(2) and 28(2), the Commission may investigate of its own motion any act, omission, practice, requirement or condition which is or appears to be unfair discrimination or a contravention of human rights or which has been referred to it by the High Court. 10,801 Job: specialist/lof/allvols/serv_0/cap3a_399501 Page: 17 Date: 21/11/2016 Time: 23:31:5 bwpageid:: 10801:: bwservice::0:: Service 0