Human Rights Commission clarifies complaint handling process

The Human Rights Commission wishes to clarify that all investigations of complaints of discrimination are confidentially conducted in accordance with the Human Rights Act 1981.

Following an investigation, under the direction of the Executive Officer, any Complaints that are potentially meritorious (at the most basic threshold) are referred to the Chair of the Human Rights Commission.

On referral, in the first instance, parties are offered the opportunity to take part in a mediation of the dispute. If this is agreed then the matter is mediated by an outside party not connected to the Commission to attempt to reach a private resolution. If mediation is either not accepted or not successful, the Chair empanels a Human Rights Tribunal to hold a public Hearing.

In terms of the procedure itself a Tribunal will conduct itself in line with Sections 8, 9, 10, 11, 12 and 13 of the Commissions of Inquiry Act 1935. The members of any Human Rights Tribunal are selected from a pool of 12 Commissioners not connected to the investigation by the Executive Officer. To be clear, any Tribunal is an independent group of three Commissioners, (appointed by the Chair) who are statutorily charged to determine whether the Human Rights Act 1981 has been breached, and if so, what damages and orders are appropriate.  The Tribunal’s orders are enforceable through the Supreme Court.

All Tribunal Hearings are public unless a party makes an application for a private Hearing. Any such application is heard on its individual merits. At any time, anyone, including the media, can request the list of matters scheduled for public Hearing. This list will only include those matters which have the date, venue and time confirmed for the hearing of the matter. This information can be obtained by calling the Office of the Human Rights Commission at 295-5859 or emailing [email protected].