Australian Capital Territory Consolidated Acts

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HUMAN RIGHTS COMMISSION ACT 2005 - SECT 79

Reopening complaints

    (1)     The commission may, but need not, reopen a complaint if—

        (a)     the complaint was closed under section 78 (1) (c) because the complainant had not complied with a requirement mentioned in the paragraph; and

        (b)     the complainant complies with the requirement.

    (2)     If the requirement was a requirement to do something by a stated time, the requirement is taken to have been complied with for subsection (1) even though the complainant did not do it within the required time.

    (3)     The commission may, but need not, reopen a complaint if the commission considers that it would be reasonable to do so—

        (a)     because of new information received about the complaint; or

        (b)     because of exceptional circumstances.

Example—exceptional circumstances

It appears to the commission that the original investigation was defective in some way.

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).



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