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(3) The High Court has original jurisdiction—
(a) to hear and determine applications under subsection (1); and
(b) to determine questions that are referred to it under subsection (5),
and may make such orders and give such directions as it considers appropriate.
(4) The High Court may exercise its discretion not to grant relief in relation to an
application or referral made under this section if it considers that an adequate alternative
remedy is available to the person concerned.
(5) If in any proceedings in a subordinate court any question arises as to the
contravention of any of the provisions of this Chapter, the member presiding in the
proceedings may, and must if a party to the proceedings so requests, refer the question to
the High Court unless, in the member’s opinion (which is final and not subject to appeal),
the raising of the question is frivolous or vexatious.
(6) When the High Court gives its decision on a question referred to it under this
section, the court in which the question arose must dispose of the case in accordance
with—
(a) the decision; or
(b) if the decision is the subject of appeal to the Court of Appeal or to the
Supreme Court –– the decision of the Court of Appeal or the Supreme
Court, as the case may be.
(7) The Attorney-General may, on behalf of the State, intervene in proceedings
before the High Court that relate to a matter concerning a provision in this Chapter.
(8) If the proceedings before the High Court relate to a matter concerning a
provision of this Chapter, the High Court must not proceed to hear and determine the
matter until it is satisfied that notice of the matter has been given to the Attorney-General
and a reasonable time has elapsed since the giving of the notice for consideration by the
Attorney-General of the question of intervention in the proceedings.
(9) A notice under subsection (8) is not required to be given to the Attorney-General
if the Attorney-General or the State is a party to the proceedings.
(10) The Chief Justice may make rules for the purposes of this section with respect
to the practice and procedure of the High Court (including rules with respect to the time
within which applications are to be made to the High Court).
Human Rights and Anti-Discrimination Commission
45.—(1) The Human Rights Commission established under the Human Rights
Commission Decree 2009 continues in existence as the Human Rights and AntiDiscrimination Commission.