Overview
Human Rights Act
matters
Privacy Act
matters
A total of 99 decisions were made by the Director this year on matters
concerning the Human Rights Act 1993 and Privacy Act 1993.
The Director is currently providing representation to 24 clients. Eighteen of
these have active proceedings before the Human Rights Review Tribunal.
The Director made 62 decisions in respect to applications for representation
under the Human Rights Act. Of these, 17 decisions were made to provide
representation: 13 for representation in the Human Rights Review Tribunal,
three for settlement purposes and one for mediation. Two matters
were referred back to the Human Rights Commission for mediation (as
mentioned, the Director provided representation in one of these). Decisions
to take no further action were made in 11 cases. Thirty-three decisions
were made not to provide representation.
The Director currently has two active Privacy Act proceedings before the
Tribunal. Proceedings are imminent in another matter and consideration as
to whether to bring proceedings is ongoing in a further matter.
The Director made 37 decisions in respect to Privacy Act matters. Two
decisions followed referrals from the Privacy Commissioner under section
77 of the Privacy Act. The Director decided not to bring proceedings in
both these matters. In one of these, the issue at stake had been determined
in the negative in another case in the Tribunal. In the other, the aggrieved
individual elected to instruct private counsel who was already acting for
approximately 75 litigants in the same matter.
The Director made 35 decisions in respect to invitations to intervene in
proceedings before the Human Rights Review Tribunal. He decided to
intervene in one of these.
This graph shows the proportion of applications for representation in
respect to Part 1A of the Human Rights Act (which deals with discrimination
by Government and bodies acting with legal authority), and Part 2 of
the Human Rights Act (which largely deals with discrimination in the
private sector).
Decisions made under Part 1A and Part 2 of the Human Rights Act 1993
37%
Part 2
34
63%
Part 1A
Human Rights Commission