Part II Australian Human Rights Commission Division 3 Functions relating to human rights Section 20 (a) a complaint has been made to the Commission in relation to an act or practice; and (b) because the Commission is of the opinion that the subject-matter of the complaint could be more effectively or conveniently dealt with by the Information Commissioner under the Privacy Act 1988 as an interference with the privacy of an individual under subsection 13(1) or (4) of that Act, the Commission decides not to inquire, or not to continue to inquire, into that act or practice; the Commission shall: (c) transfer the complaint to the Information Commissioner; (d) forthwith give notice in writing to the complainant stating that the complaint has been so transferred; and (e) give to the Information Commissioner any information or documents that relate to the complaint and are in the possession, or under the control, of the Commission. (4B) A complaint transferred under subsection (4A) shall be taken to be a complaint made to the Information Commissioner under Part V of the Privacy Act 1988. (5) Where it appears to the Commission that: (a) a person wishes to make a complaint to the effect that another person has done an act, or engaged in a practice, that is inconsistent with or contrary to any human right; and (b) that person requires assistance to formulate the complaint or to reduce it to writing; it is the duty of the Commission to take reasonable steps to provide appropriate assistance to that person. (6) A person who is detained in custody (in this subsection and subsection (7) referred to as the detainee) is entitled: (a) upon making a request to the person (in this subsection and subsection (7) referred to as the custodian) in whose custody the detainee is detained, or to any other person (in this subsection and subsection (7) referred to as a custodial officer) performing duties in connection with the detention: 28 Compilation No. 48 Australian Human Rights Commission Act 1986 Compilation date: 20/12/18 Authorised Version C2019C00030 registered 14/01/2019 Registered: 14/1/19

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