Can someone else take over the Commissioner's job if they are away?

The situation

I am currently dealing with a very upsetting situation regarding discrimination at my workplace in Melbourne, Victoria. Back in early January, my manager made several derogatory comments about my heritage in front of the whole team, and since then, I have been passed over for two promotions that I was clearly qualified for. I have already lodged a formal complaint with the relevant human rights body to seek some form of redress for this unfair treatment. However, I recently received a notification stating that the main Commissioner is currently out of the country on an extended leave of absence for the next three months, and there is currently no one officially holding that specific position. I am worried that my case will just sit on a shelf gathering dust while the office is empty. I need to know if the Minister has the power to appoint a temporary person to step into that role and handle my complaint while the main Commissioner is travelling or if the whole process just stops until they get back to Australia. Does an acting official have the same authority to make decisions on my case as the permanent one?

Detailed Analysis

Under the Racial Discrimination Act 1975, your complaint regarding the derogatory comments and promotion issues does not have to wait for the main Commissioner to return from their three-month leave. The law provides a mechanism to ensure the office remains functional even when the person in charge is unavailable.

Specifically, the Minister has the authority to appoint a temporary replacement. The Act states, "The Minister may appoint a person to act in the office of Commissioner during any period, or during all periods, when the Commissioner is absent from duty or from Australia or during a vacancy in that office"^[1]. This means that because the Commissioner is currently out of the country, the Minister can step in to appoint an acting official to manage the office's responsibilities.

Regarding your concern about whether this person can actually make decisions on your case, the law confirms they have the same legal standing. The Act provides that "Sections 32, 33 and 35 apply in relation to a person appointed to act in the office of Commissioner in like manner as they apply in relation to the Commissioner"^[1]. In plain language, an acting official (a person temporarily filling a role) is granted the same powers and duties as the permanent official. This ensures that the person handling your discrimination claim has the legal authority to process it and make decisions just like the permanent Commissioner would.

Because the law explicitly allows for these appointments during absences from Australia, your case should not simply sit idle for three months. Note that state, provincial, or local laws in Victoria may add further rules regarding human rights processes.

Statutory Citations

Related Questions

• Can the Privacy Commissioner check up on how my data is being handled during an investigation?
• Can someone other than the head of the human rights commission handle my complaint?
• Can someone else make decisions for the Human Rights Commission?
• Can someone other than the main official handle my complaint at the Commission?