Part II Australian Human Rights Commission
Division 3 Functions relating to human rights
Section 19A
Division 3—Functions relating to human rights
19A Division applies to victimisation offences
In this Division, a reference to an act or practice that is inconsistent
with or contrary to any human right includes a reference to an act
that is an offence under subsection 26(2).
20 Performance of functions relating to human rights
(1) Subject to subsection (2), the Commission shall perform the
functions referred to in paragraph 11(1)(f) when:
(a) the Commission is requested to do so by the Minister; or
(b) a complaint is made in writing to the Commission, by or on
behalf of one or more persons aggrieved by an act or
practice, alleging that the act or practice is inconsistent with
or contrary to any human right; or
(c) it appears to the Commission to be desirable to do so.
(2) The Commission may decide not to inquire into an act or practice,
or, if the Commission has commenced to inquire into an act or
practice, may decide not to continue to inquire into the act or
practice, if:
(a) the Commission is satisfied that the act or practice is not
inconsistent with or contrary to any human right; or
(b) the Commission is satisfied that the person aggrieved by the
act or practice does not want the Commission to inquire, or to
continue to inquire, into the act or practice; or
(ba) the Commission is satisfied, having regard to all the
circumstances, that an inquiry, or the continuation of an
inquiry, into the act or practice is not warranted; or
(c) in a case where a complaint has been made to the
Commission in relation to the act or practice:
(i) the complaint was made more than 12 months after the
act was done or after the last occasion when an act was
done pursuant to the practice; or
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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