Released 28/11/2023
Community members who believe their human rights have been breached by an ACT public authority will soon have a new pathway through which to raise their concerns.
This follows the passage of the Human Rights (Complaints) Legislation Amendment Bill 2023 in the Legislative Assembly today.
Individuals will be able to make a complaint to the ACT Human Rights Commission after first lodging a complaint with the relevant authority.
If no response is received from the authority within 45 days or if the response is considered inadequate, the complainant may seek resolution by raising the issue with the Commission. This provides an opportunity for public authorities to first attempt to resolve issues at the local level.
The Commission will be able to offer confidential conciliation, which is a process that facilitates open dialogue between the parties to resolve the matter. The Commission regularly supports conciliation relating to its existing complaints handling functions.
ACT Minister for Human Rights Tara Cheyne said the new pathway will commence in 6 months, to provide the Human Rights Commission and government agencies time to prepare for implementation.
“The ACT Government is committed to ensuring the Human Rights Act continues to protect the rights of all Canberrans. This reform responds to calls from the community to expand the dispute resolution options available to the community under the Act,” Minister Cheyne said.
“The establishment of this new pathway will create a sustained impact on the ACT community by providing an accessible process for human rights complaints about public authorities to be made to the ACT Human Rights Commission.”
Quotes attributable to ACT Human Rights Commissioner and President Dr Penelope Mathew:
“The Commission looks forward to helping Canberrans seeking resolution to complaints about public authorities.
“While community members have been able to bring claims about alleged breaches of human rights obligations by public authorities to the ACT Supreme Court, we know this avenue is not easily accessible to many Canberrans.
“This is why we’re so pleased to see this legislation pass today.
“The Human Rights Act requires public authorities, including ACT Government agencies, public employees and ministers to act consistently with human rights and give proper consideration to relevant human rights when making a decision. This amendment will provide an accessible remedy for breaches of these obligations.
“In cases where a resolution cannot be reached through conciliation, the commission will be able to make recommendations to the public authority about any actions they should take to ensure their acts and decisions are compatible with human rights.”
- Statement ends -
Tara Cheyne, MLA | Media Releases