[HRA 36]
LAWS OF FIJI
s 36
(b) the complaint has substance or, in relation to an investigation of the
Commission’s own motion, that the matter ought to be proceeded with.
(2) If the Commission is of the opinion that a complaint does not have substance, or
cannot be established to have substance, but considers nonetheless that it may be possible
to reach a settlement between any of the parties concerned, the Commission may act as
a conciliator and use its best endeavours to reach a settlement of the complaint.
(3) If the Commission is of the opinion that a complaint does not have substance, or
cannot be established to have substance, or if the Commission pursuant to section 29(1)
decides not to investigate, or investigate further, a complaint, it must inform the
complainant of the complainant’s right to bring civil proceedings before the High Court.
(4) If the Commission has investigated a complaint and is of the opinion that the
complaint has substance, it must act as conciliator in relation to the complaint and use its
best endeavours to effect a settlement in relation to the complaint.
(5) For the purposes of this section, “settlement” includes a satisfactory assurance by
the person to whom a complaint or investigation relates against repetition of the conduct
that was the subject matter of the complaint or the investigation or against conduct of a
similar kind.
(6) Whether or not it takes any of the actions referred to in subsections (2), (3) and (4),
the Commission may—
(a) advise the parties of their respective rights, including the complainant’s right to
bring proceedings in the High Court;
(b) refer the complaint and, if it considers appropriate, the result of the investigation
to another competent authority;
(c) make recommendations to the competent authority, proposing amendments to or
reform of any laws, regulations or administrative provisions or practices which
have created the difficulties or hardship encountered by the complainant or the
aggrieved person;
(d) recommend to the relevant authority, in respect of a person who in the opinion of
the Commission has contravened human rights, either prosecution of the person
or the taking of other action, and the authority must consider the
recommendation, take such action as it deems appropriate and advise the
Commission in due course of the action it has taken.
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