Australian Capital Territory Consolidated Acts

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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 48

Withdrawal of complaints

    (1)     At any time, a complainant may, by written notice given to an official visitor, withdraw a complaint.

    (2)     If a complaint is withdrawn, the official visitor to whom the complaint was made must close the complaint if satisfied that the complaint—

        (a)     is about a minor issue; or

        (b)     has been resolved appropriately; or

        (c)     has lapsed.

Example—par (c)

the entitled child or young person is no longer detained in a detention place or confined at a therapeutic protection place

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     If the official visitor suspects on reasonable grounds that it is in the public interest that a withdrawn complaint be considered, the official visitor must—

        (a)     refer the complaint to the human rights commission for consideration under the Human Rights Commission Act 2005 , section 48 (3) (Consideration without complaint or appropriate complainant); and

        (b)     close the complaint; and

        (c)     tell the complainant about the referral and closing of the complaint.

    (4)     If the official visitor refers the complaint to the human rights commission, the official visitor must give the human rights commission any information that the official visitor has in relation to the complaint.



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