CHAPTER 48 - HUMAN RIGHTS COMMISSION ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Human Right Commission (Practice And Procedure) Regulations

HUMAN RIGHTS COMMISSION (PRACTICE AND PROCEDURE) REGULATIONS

[Section 26]

Arrangements of Regulations

Regulation

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

PART II
COMPLAINTS PROCEDURE

   3.   Form of receiving complaints

   5.   Secretary to Acknowledge receipt of complaint

   6.   Person to respond to complaints

   7.   Response of complaint

   8.   Certification of complaints

   9.   Withdrawals of complaints

   10.   Investigation at Commission’s instance

PART III
PUBLIC HEARING

   11.   Hearing

   12.   Public Hearing

   13.   Evidence before Commission

      SCHEDULE

SI 22 of 2002.

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Human Rights commission (Practice and Procedure) Regulations, 2002.

2.   Interpretation

In these Regulations unless the context otherwise requires–

“assessment” means a preliminary finding made by the Complaints Committee determine whether a complaint submitted to the Commission falls within the jurisdiction of the Commission;

“Complaint” means a communication addressed to the Commission that alleges a human rights violation or threat of such right violation;

“Complainant” means a person, group or class of persons, organisation or association alleging that a human right has been violated or threatened;

“Complaints Committee” means the Committee, established by the commission to consider complaints and to determine the Commission’s jurisdiction over the complaint and, to assess the merits of complaint, violet or threatened; and

“respondent” means a person against whom the complaint or allegation has been made.

PART II
COMPLAINTS PROCEDURE

3.   Form of receiving complaints

   (1) Every complaint shall be made in Form 1 set out in the Schedule to these Regulations and shall be signed or thumb printed by the person making it.

   (2) subject to section 11–

      (a)   the secretary shall keep a register of complaints;

      (b)   the secretary shall forward all complaints received to the complaints committee for consideration;

      (c)   the complaints committee shall within 14 days make and assessment of the complaint to determine, whether the complaints constitutes a case of a human rights violation or a threat to a human right;

      (d)   the commission shall have power to request information from a party and conduct investigation to enable the commission to make an assessment; and

      (e)   if in the opinion of the commission, the complaint does not fall within the jurisdiction of the Commission, or such complaint could be dealt with effectively by another organisation, such complaint shall be referred to the appropriate body.

5.   Secretary to Acknowledge receipt of complaint

   (1) The Secretary shall acknowledge receipt of the complaint, in writing within seven days of receipt of the complaint.

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