[HRA 38] LAWS OF FIJI s 38 (c) the Proceedings Commissioner would be entitled to bring proceedings but— (i) agrees to the complainant, in the case of a complaint, or an aggrieved person, in relation to an investigation of the Commission’s own motion, bringing proceedings; or (ii) decides not to take proceedings. Provided however that no proceeding which seeks to question or challenge the legality or validity of the Fiji Constitution Amendment Act 1997 Revocation Decree 2009, or such other Decrees made or as may be made by the President, shall be brought before the High Court. (5) Nothing in this section limits the right of any person to apply to the High Court for redress for a contravention of his or her human rights, provided however that no proceeding which seeks to question or challenge the legality or validity of the Fiji Constitution Amendment Act 1997 Revocation Decree 2009, or such other Decrees made or as may be made by the President, shall be brought before the High Court. [HRA 39] Right of Proceedings Commissioner to appear in High Court 39 (1) The Proceedings Commissioner may appear and be heard in the High Court or the Court of Appeal in relation to any proceedings under section 38, whether or not the Proceedings Commissioner is or was a party to the proceedings. (2) With leave of the court, tribunal or arbitrator, the Proceedings Commissioner may appear and be heard in relation to any proceedings before a court, tribunal or arbitrator in which human rights are an issue. (3) If the Proceedings Commissioner appears before any court, tribunal or arbitrator he or she may, unless the rules of procedure of the court, tribunal or arbitrator otherwise provide— (a) appear in person or by a legal practitioner; (b) adduce evidence and cross-examine witnesses, unless the proceedings are by way of appeal. [HRA 40] Remedies 40 (1) In any proceedings before the High Court brought under section 38 by the Proceedings Commissioner, a complainant or an aggrieved person, the plaintiff may seek any or all of the remedies described in subsection (2). (2) If in any proceedings as mentioned in subsection (1) the High Court is satisfied on the balance of probabilities that the defendant has engaged in unfair discrimination or has contravened human rights, it may grant one or more of the following remedies— (a) a declaration that the defendant has engaged in unfair discrimination or has contravened human rights; (b) an order restraining the defendant from continuing or repeating the conduct complained of or causing or permitting others to engage in conduct of the same kind or of any similar kind specified in the order; (c) damages in accordance with section 41; (d) an order that the defendant perform any act specified in the order with a view to redressing any loss or damage suffered by the complainant or the aggrieved person or to preventing conduct of a similar kind in the future; (e) a declaration that a contract requiring performance of anything that constitutes unfair discrimination or contravenes human rights is void and unenforceable; (f) such other relief as the High Court thinks fit. Service 0 10,822 Job: specialist/lof/allvols/serv_0/cap3a_399501 Page: 22 Date: 21/11/2016 Time: 23:31:5 bwpageid:: 10822:: bwservice::0::