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Contents (1977 - 48)
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Anti-Discrimination Act 1977 No 48
Current version for 13 August 2018 to date (accessed 21 September 2019 at 07:01)
Part 9 Division 2 Subdivision 5
Subdivision 5 Termination of complaints
92A   Settlement or resolution of complaint
(1)  If at any stage of the President’s investigation of a complaint the President is satisfied that the complaint, or part of the complaint, has been settled or resolved by agreement between the parties, the President may terminate the complaint, or part of the complaint.
(2)  If the President terminates a complaint, or part of a complaint, under this section, the complainant has no right under section 93A to require the President to refer the complaint, or part of the complaint, to the Tribunal.
92B   Withdrawal of complaint
(1)  A person who has made a complaint, other than a representative complaint, may at any time, by notice in writing lodged with the President, withdraw the complaint.
(2)  If the President receives a notice under subsection (1) signed by or on behalf of the complainant or, if more than one, all the complainants, the President is to terminate the complaint.
(3)  If the President receives a notice under subsection (1) signed by or on behalf of some, but not all, of the complainants, the President is to treat the notice as an amendment removing the names of those persons as complainants from the complaint.
(4)  The President is to give notice in writing of any decision by the President under this section to the complainant and respondent and to each person on whose behalf the complaint was made.
(5)  The President is not required to give a respondent notice of the President’s decision to terminate a complaint if the President had not given notice to the respondent that the complaint had been made.
92C   Abandonment of complaint
(1)  If a complainant has:
(a)  failed to respond to a request for documents or information, or
(b)  failed to give notice to the President of an address (or new address) at which he or she may be contacted,
the President may serve a notice on the complainant at his or her address last known to the President stating that, if a response is not received within 28 days, the complaint will be taken to be abandoned and the President will terminate the complaint.
(2)  If a complaint is taken to have been abandoned under this section, it may be revived if, within 12 months after the end of the 28-day period referred to in subsection (1), the complainant satisfies the President that:
(a)  he or she wishes to pursue the complaint, and
(b)  the failure relied on for the purpose of subsection (1) did not take place or ought reasonably to be excused, and
(c)  no undue prejudice would be caused to the respondent by reviving the complaint.
93   Death of complainant or respondent does not terminate complaint
(1)  If a complainant dies before his or her complaint is finally determined, the complaint survives and the legal personal representative of the complainant:
(a)  may continue the carriage of the complaint, including any referral, review or appeal, and
(b)  the estate of the complainant is entitled to the benefit of any monetary sum ordered to be paid by the respondent in respect of the complaint.
(2)  If a respondent dies before any complaint against him or her is finally determined, the complainant may continue to pursue the complaint (including any referral, review or appeal) and any monetary sum ordered to be paid in respect of the complaint is payable from the estate of the respondent.