# Can someone other than the main official handle my complaint at the Commission?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-11-06
- Last updated: 2026-11-06
- Canonical: https://lawasked.com/au/employment-law/can-someone-other-main-official-handle-my-complaint

## Question

I am currently living in Melbourne, Victoria, and I am dealing with a really upsetting situation at my workplace. About three months ago, in early February, my manager started making very offensive comments about my ethnic background during our weekly team meetings. I even lost out on a promotion last month because of this unfair treatment, despite having worked there for four years. I decided to lodge a formal complaint with the Australian Human Rights Commission back in March to try and get some justice. When I spoke to the person on the phone to start the process, they mentioned that the Commissioner is the one in charge of these matters, but then they said a different staff member might be the one actually reviewing my files and making decisions moving forward. I have already sent through all my written statements and evidence regarding the verbal abuse, but I am feeling quite confused about the process. I am unsure if it is actually allowed for the person in charge to pass their authority or their decision-making powers down to a regular staff member or an outside person to handle my specific case instead of the Commissioner doing it personally?

## Summary

Yes, the Commissioner is legally allowed to pass their decision-making powers and authority to other people to handle your complaint. Under the law, the Commissioner can delegate these duties to staff members or even other approved persons.

## Analysis

Regarding your situation involving the offensive comments made in February and the lost promotion, it is legally permissible for the Australian Human Rights Commission to have someone other than the Commissioner manage your file. 

Under the Racial Discrimination Act 1975, the law allows for the transfer of authority through a process called delegation. Delegation is when a person in power gives their legal right to make certain decisions to someone else. The Act states that "The Commissioner may, by writing signed by the Commissioner, delegate to a member of the staff of the Commission approved by the Commission, or to another person approved by the Commission, all or any of the powers exercisable by the Commissioner under this Act" [1]. This means that the person reviewing your evidence regarding the verbal abuse and the unfair treatment does not necessarily have to be the Commissioner themselves, provided the Commissioner has signed a written document authorizing that staff member or person to act on their behalf.

Furthermore, the Commission as a whole has similar powers. The law provides that "The Commission may, by writing under its seal, delegate to a member of its staff, or to another person, all or any of the powers conferred on the Commission under this Act" [1]. This confirms that the authority to handle matters like yours can be spread across the organization's staff.

It is important to note that while the law allows for this, the provided sections do not specify the exact internal criteria the Commission uses to choose which staff member is assigned to a specific case. Therefore, while the practice is legal, the specific reason why a particular staff member was chosen for your file is not settled by these statutes alone.

## Statutory citations

- Racial Discrimination Act 1975, Section 40 - Delegation [in force] (https://www.legislation.gov.au/C2004A00274/latest/text)
  > The Commissioner may, by writing signed by the Commissioner, delegate to a member of the staff of the Commission approved by the Commission, or to another person approved by the Commission, all or any of the powers exercisable by the Commissioner under this Act.
- Racial Discrimination Act 1975, Section 40 - Delegation [in force] (https://www.legislation.gov.au/C2004A00274/latest/text)
  > The Commission may, by writing under its seal, delegate to a member of its staff, or to another person, all or any of the powers conferred on the Commission under this Act.

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