The Human Rights Commission’s Complaint Process
for complaints about breaches of human rights by the Commonwealth
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WORDThe Human Rights and Equal Opportunity Commission is an independent third party which investigates complaints about discrimination and human rights breaches. It does not act as an advocate or legal representative for a party to a complaint. The complaint process is simple, free and flexible and is outlined below.
Human Rights Breaches
Complaints about human rights breaches can only be made against the Commonwealth and its agents alleging a breach of the human rights instruments scheduled to the HREOC Act:
- International Covenant on Civil and Political Rights
- Convention on the Rights of the Child
- Declaration on the Elimination of all Forms of Intolerance and of
- Discrimination based on Religion or Belief
- Declaration on the Rights of Mentally Retarded Persons
- Declaration on the Rights of Disabled Persons.
Make an enquiry
- Telephone HREOC’s Complaints Information Line to discuss issues you think might be a human rights breach.
- We can send you a complaint form to start the process.
- If we can’t help, we can refer you to someone who may be able to assist you.
Lodging a complaint
- Making a complaint is free and you do not need a lawyer.
- The complaint must be in writing – this includes email, and can be in your preferred language.
- Our officers can help you to write down the complaint.
- You can lodge a complaint on our website using our electronic complaint form.
- We will let you know whether we can deal with your issues as a complaint or not.
Investigation
- A HREOC officer will contact you to discuss your complaint.
- The officer may contact the person/organisation you are complaining about, provide them with a copy of your complaint and ask for their comments and other relevant information.
- We will review all of the information and discuss it with you.
- We may try to resolve the complaint through conciliation.
- If we decide we cannot deal with your complaint we will talk to you about this and explain why.
Conciliation
- Conciliation means we try to help you and the person you are complaining about resolve the matter.
- This might be through a telephone meeting, telephone contact, or a face-to-face meeting.
- The outcome of conciliation may include an apology, policy changes, compensation, and/or staff training.
What next?
- If the complaint cannot be conciliated and is not declined for some other reason, the complaint will be determined by the President.
- This might involve a public hearing to determine if a breach of human rights has occurred.
- If the President is satisfied a breach of human rights has occurred, he will prepare a report about the complaint which is submitted to the Attorney-General and then tabled in Parliament.
- The report would detail the complaint, the findings about the breach of human rights and would make recommendations to the respondent about action it should take regarding the complaint.
- Recommendations might include an apology, compensation, a change in policy and/or practice.
- Examples of the type of report the President may make are available on the HREOC website at www.humanrights.gov.au/legal/HREOCA_reports/
The Human Rights Commission’s Complaint Process
