People who believe an ACT public authority has breached their human rights will soon be able to raise their concerns through a new pathway, after the Human Rights (Complaints) Legislation Amendment Bill 2023 passed the Legislative Assembly this week.
People will be able to complain to the ACT Human Rights Commission after first lodging a complaint with the relevant authority.
If the authority does not respond within 45 days, or if the complainant considers the response is inadequate, they may raise the issue with the Commission, so public authorities can resolve issues at the local level.
The Commission will be able to offer confidential conciliation, which facilitates open dialogue between the parties to resolve the matter. The Commission regularly supports conciliation relating to how it handles complaints.
Tara Cheyne, ACT Minister for Human Rights, said the new pathway will commence in six months, so the Human Rights Commission and government agencies can implement it.
“The ACT Government is committed to ensuring the Human Rights Act continues to protect the rights of all Canberrans,” Ms Cheyne said. “This reform responds to calls from the community to expand the dispute resolution options available to the community under the Act.
“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.”
Dr Penelope Mathew, ACT Human Rights Commissioner and President, said: “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.”
