# Can someone else make decisions for the Human Rights Commission?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-11-03
- Last updated: 2026-11-03
- Canonical: https://lawasked.com/au/employment-law/can-someone-else-make-decisions-human-rights-commission

## Question

I am currently living in Melbourne, Victoria, and I have been dealing with a really difficult situation at my workplace regarding unfair treatment. Back in February 2023, my manager told me that because I was pregnant, my role might be changed, and since then, I have been facing constant pressure to resign. I finally decided to lodge a formal complaint with the Australian Human Rights Commission about this discrimination last November. I have spent several months filling out forms and providing evidence about the hostile environment. Recently, I received a letter from someone who isn't the actual Commissioner, but they are a staff member working at the Commission's office. This person is making decisions about how my case is being handled and is asking me to provide more information for their review. I was under the impression that only the top official in charge could make these kinds of big calls regarding my complaint. I am feeling quite confused and a bit worried about the legitimacy of this process. Is it actually allowed for a staff member or someone else to be given the authority to act on behalf of the Commission and make these decisions for me?

## Summary

Yes, it is legally allowed for staff members to make decisions on behalf of the Commission. Under the Sex Discrimination Act, the Commission and the Commissioner have the power to delegate their authority to staff members.

## Analysis

In your situation regarding the discrimination complaint you lodged in November, the fact that a staff member is handling your case and asking for information is legally permitted. Under the Sex Discrimination Act 1984, the Commission has the authority to pass its powers to others.

Specifically, the law states that "The Commission may by writing under its seal, delegate to... a member of the staff of the Commission... all or any of the powers conferred on the Commission" [1]. This means the organization itself can officially hand over its responsibilities to employees. Furthermore, the Commissioner has the power to delegate their own specific duties. The Act provides that "The Commissioner may, by writing signed by the Commissioner, delegate to: (a) a member of the staff of the Commission" [1]. This allows the top official to assign tasks and decision-making roles to staff members to ensure the workload is managed.

Delegation is a legal term that refers to the transfer of authority from one person or body to another. In this context, it means the staff member you are communicating with has been given the legal right to act as if they were the Commission or the Commissioner for certain tasks, such as reviewing your evidence or managing the progress of your complaint.

It is not certain whether the specific staff member you are dealing with has received a valid, written delegation for the exact decision they are making. The legitimacy of their actions depends on whether the formal requirements for delegation—such as writing and signing—were followed by the Commission.

## Statutory citations

- Sex Discrimination Act 1984, Section 104 - Delegation [in force] (https://www.legislation.gov.au/C2004A02868/latest/text)
  > The Commission may by writing under its seal, delegate to... a member of the staff of the Commission... all or any of the powers conferred on the Commission
- Sex Discrimination Act 1984, Section 104 - Delegation [in force] (https://www.legislation.gov.au/C2004A02868/latest/text)
  > The Commissioner may, by writing signed by the Commissioner, delegate to: (a) a member of the staff of the Commission

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