Can I sue a Commission member for making a mistake in my complaint?
Quick Summary
It is unlikely you can sue the Commission member for damages. Under the law, officials are protected from being sued for actions taken in good faith while performing their duties.
The situation
I am living in Melbourne, Victoria, and I am feeling quite distressed about a situation that occurred last month. Back in early August, I lodged a formal complaint with the Human Rights and Equal Opportunity Commission regarding some unfair treatment I faced at my workplace. During the investigation process, a specific member of the Commission interviewed my former manager and took a written statement from him. However, it turns out that the manager completely misrepresented our previous conversations about my pay cheque and my labour hours. Because the Commission member relied on this false information, my entire case seems to have fallen apart, and I have lost the chance to claim the $5,000 in unpaid wages I was owed. I have already tried calling the Commission's helpdesk to ask for a review, but they told me the investigation is closed. I feel like the person handling my file was negligent by not checking the facts properly, and now I am suffering a financial loss. I want to know if I am allowed to take that specific official to court to sue them for damages because their error caused me to lose my money and my legal standing.
Detailed Analysis
Based on the laws governing the Commission, you face significant legal hurdles in suing the official who handled your file. The primary protection for these officials is found in the Racial Discrimination Act 1975, which states that "The person is not liable to an action or other proceeding for damages for or in relation to an act done, or omitted to be done, in good faith in the performance, or purported performance, of any function..."[1].
'Good faith' refers to acting honestly and without intention to deceive or act maliciously. If the Commission member believed they were acting correctly and honestly when they interviewed your manager, they are protected from being sued for damages, even if their decision led to your loss of the $5,000 in unpaid wages[1].
Furthermore, the law provides specific protection regarding information provided during investigations. It states that "a person is not liable to an action, suit or other proceeding in respect of loss, damage or injury of any kind suffered by another person merely because submission was made, the document or information was furnished or the evidence was given"[1]. This means that even if the manager's statement was false, the official is generally not liable for the consequences of relying on that information[1]. Similar protections exist under the Sex Discrimination Act 1984[2].
Whether you can successfully sue depends on whether you can prove the member did not act in 'good faith.' If you can prove the member acted with malice, dishonesty, or a deliberate intent to cause you harm, the immunity might not apply. However, proving a simple mistake or negligence (failing to check facts properly) is usually not enough to overcome this legal protection.
Statutory Citations
Legal Citation: Racial Discrimination Act 1975 § Section 45 — Protection from civil actions
"The person is not liable to an action or other proceeding for damages for or in relation to an act done, or omitted to be done, in good faith in the performance, or purported performance, of any function, or in the exercise or purported exercise of any power or authority, conferred on the Commission, the Commissioner or the other member of the Commission."View Official Legislation →
Legal Citation: Sex Discrimination Act 1984 § Section 111 — Protection from civil actions
"The person is not liable to an action or other proceeding for damages for or in relation to an act done, or omitted to be done, in good faith in the performance, or purported performance, of any function, or in the exercise or purported exercise of any power or authority, conferred on the Commission, the Commissioner or the other member of the Commission."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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