Document ID: chunk:federal_register_of_legislation:C2024C00645:section:20:p1
Version: federal_register_of_legislation:C2024C00645
Segment Type: section
Provision Reference: s 20 (pt 1/4)
Character Range: 48754–51329

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.
Note: A complaint is taken to have been made to the Commission if all or part of a complaint is transferred to the Commission under section 32AG of the Inspector‑General of Intelligence and Security Act 1986 (see section 46PZ of this Act).
 (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
 (ii) the Commission is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance; or
 (iib) the Commission is satisfied that there is no reasonable prospect of the matter being settled by conciliation; or
 (iii) where some other remedy has been sought in relation to the subject matter of the complaint—the Commission is of the opinion that the subject matter of the complaint has been adequately dealt with; or
 (iv) the Commission is of the opinion that some other more appropriate remedy in relation to the subject matter of the complaint is reasonably available to the person aggrieved by the act or practice; or
 (v) where the subject matter of the complaint has already been dealt with by the Commission or by another statutory authority—the Commission is of the opinion that the subject matter of the complaint has been adequately dealt with; or
 (vi)