Commission initiated complaints

Section 48 of the HRC Act provides the Commission with the power to on its own initiative consider:

an act or service that appears to the commission to be an act or service about which a person could make, but has not made, a complaint under this Act; or
a children and young people service complaint
a disability service complaint
a complaint about services for older people
a health services complaint
any other matter related to the commission’s functions.

The Commissioner may initiate a complaint where

the complainant has withdrawn the complaint for any reason but the commission is satisfied that it is in the public interest to consider the complaint
The complaint appears to reveal a systemic problem about an activity or a service
the complaint, if substantiated, raises a significant issue for the ACT, or an issue of public safety.
It may be possible for action in relation to the complaint to be taken under another Act if the complaint is substantiated by, for example, reporting a health professional to a health profession board or making an application for an occupation discipline order in relation to the health professional to the ACAT
If the complaint raises systemic issues, or may significantly affect an individual;
If the complaint raises serious public safety or other public interest issues;
The detriment potentially suffered by a complainant or respondent if the Commission elected to take such action;
The group affected is particularly vulnerable eg children, detainees or persons with severe disability.

The Commissioner can make recommendations arising from a CIC or a matter may be able to be resolved through negotiation.