Section 46P — Australian Human Rights Commission Act 1986: Lodging a complaint

(1) A written complaint may be lodged with the Commission: (a) alleging: (i) that one or more acts have been done; or (ii) that one or more omissions or practices have occurred; and (b) alleging that those acts, omissions or practices are unlawful discrimination. Note 1: Unlawful discrimination is defined in subsection 3(1). Note 2: Under section 46PZ, a complaint may be taken to be lodged with the Commission if all or part of a complaint is transferred from the Inspector-General of Intelligence and Security under section 32AG of the Inspector-General of Intelligence and Security Act 1986. (1A) It must be reasonably arguable that the alleged acts, omissions or practices are unlawful discrimination. (1B) The complaint must set out, as fully as practicable, the details of the alleged acts, omissions or practices. (2) The complaint may be lodged: (a) by a person aggrieved by the alleged acts, omissions or practices: (i) on that person’s own behalf; or (ii) on behalf of that person and one or more other persons who are also aggrieved by the alleged acts, omissions or practices; or (b) by 2 or more persons aggrieved by the alleged acts, omissions or practices: (i) on their own behalf; or (ii) on behalf of themselves and one or more other persons who are also aggrieved by the alleged acts, omissions or practices; or (c) by a person or trade union on behalf of one or more other persons aggrieved by the alleged acts, omissions or practices. (3) A person who is a class member for a representative complaint is not entitled to lodge a separate complaint in respect of the same subject matter. (4) If it appears to the Commission that: (a) a person wishes to make a complaint under subsection (1); and (b) the person requires assistance to formulate the complaint or to reduce it to writing; the Commission must take reasonable steps to provide appropriate assistance to the person.