Redress for unlawful discrimination Part IIB
Conciliation by the President Division 1
Section 46PF
Note:
In some cases, a person is regarded as having done acts or omissions
by being treated as responsible for the acts and omissions of another
person. See sections 56 and 57 of the Age Discrimination Act 2004,
sections 122 and 123 of the Disability Discrimination Act 1992,
sections 18A and 18E of the Racial Discrimination Act 1975 and
sections 105, 106 and 107 of the Sex Discrimination Act 1984.
(4) A complaint cannot be amended after it is terminated by the
President under paragraph (1)(b) or section 46PH.
(5) The President may decide not to inquire into the complaint, or, if
the President has started inquiring into the complaint, may decide
not to continue to inquire into the complaint, if:
(a) the President is satisfied that the person aggrieved by the
alleged acts, omissions or practices does not want the
President to inquire, or to continue to inquire, into the
complaint; or
(b) the President is satisfied that the complaint has been settled
or resolved.
(6) The President must act fairly to:
(a) the complainant or complainants; and
(b) the respondent;
in dealing with the complaint in accordance with this section.
(7) If the President has decided to inquire into a complaint, the
President:
(a) must notify the complaint to the respondent, unless the
President is satisfied that notification would be likely to
prejudice the safety of a person; and
(b) if the complaint is amended under subsection (3) by adding a
respondent—must notify the complaint to that respondent,
unless the President is satisfied that notification would be
likely to prejudice the safety of a person; and
(c) if any person (other than the respondent) is the subject of an
adverse allegation arising from the complaint—must notify
the person of the adverse allegation, unless the President is
satisfied:
Australian Human Rights Commission Act 1986
Compilation No. 48
Compilation date: 20/12/18
Authorised Version C2019C00030 registered 14/01/2019
75
Registered: 14/1/19
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