Case notes may also concern litigation undertaken by the Proceedings Commissioner before the Complaints Review Tribunal or High Court. Please note that the Complaints Review Tribunal is completely separate from and independent of the Human Rights Commission. It is administered by the Department for Courts and its members are appointed by the Governor General on the recommendation of the Minister of Justice. These case studies can be useful to illustrate how a Complaints Division opinion applies a human rights principle to a factual situation. They can also be useful, in a limited way, in summarising a ruling made by the Complaints Review Tribunal, although they are not a substitute for the ruling itself.
Care has to be taken in reporting case studies.
Particular care must be taken in distinguishing between opinions formed by the Complaints Division of the Commission and rulings made by the Complaints Review Tribunal. In reporting case studies, phrases such as the Complaints Division has ruled or the Human Rights Commission has ordered should be avoided. This is because they misrepresent the powers of Commissioners, the Commission and its Complaints Division. Those powers are those of investigation and of forming opinions in matters of unlawful discrimination. Neither the Complaints Division nor the Commission have the power to make orders or rulings.