2020-02-11 Services and Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   11 FEBRUARY 2020




                                                       Page 26 of 112

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                             11 FEBRUARY 2020

           COUNCIL POLICY - HUMAN RIGHTS

                  3.  Raising the Act in courts and tribunals
           In some cases, the complaint can be taken to a court or tribunal. While people cannot make
           complaints directly to courts and tribunals for breaches of the Act, it is possible to raise breaches of
           the Human Rights Act in the process of a hearing based on another law.
           Remedies

           Where there is a breach of the Act, a person cannot claim financial compensation. However, where
           the complaint is not resolved, the QHRC can make recommendations regarding actions required of
           the respondent to uphold human rights.

           ROLES AND RESPONSIBILITIES

           Councillors

           A councillor who receives a human rights complaint is obliged to report the complaint to Council’s
           Governance team in accordance with this Policy.
           Council Officers

           All Council officers have a duty and responsibility to perform their functions on behalf of Council,
           including the making of decisions or undertaking actions in a professional manner and in compliance
           with the Act. Council officers must also assist individuals wishing to make a human rights complaint
           and assist with any related investigation and response.
           Chief Executive Officer

           The Chief Executive Officer (CEO) will only get involved in complaints if the matter is exceptionally
           complex or requires input by the CEO.
           Directors

           Directors are responsible for oversight, investigation (if required) and responding to complaints with
           their teams, having regard to the relevant area of operation and expertise.
           Directors are also responsible for the oversight of implementing improvement opportunities identified
           from the complaints process.
           Reviewing Officer
           The reviewing officer who is investigating the complaint shall do so in accordance with identified
           timeframes and within legislative requirements. Where a complex investigation is required, the
           Reviewing Officer will update the complainant on the progress of the response.
           Governance

           The Governance team are responsible for:
               e  Maintaining a Human Rights Complaints register and complaints reporting;
               e  Coordinating the complaints process;
               e  Supporting Council Officers and Reviewing Officers with assessing, investigating and
                  responding to complainants, if required; and,
               e  Providing appropriate training for the organisation.

                                                                                                     Page 7

                                                                                                   Page 26 of 112