Part II Australian Human Rights Commission
Division 4 Functions relating to equal opportunity in employment
Section 32
(j) where the Commission considers it appropriate to do so, with
the leave of the court hearing the proceedings and subject to
any conditions imposed by the court, to intervene in
proceedings that involve discrimination issues;
(k) to do anything incidental or conducive to the performance of
any of the preceding functions.
32 Performance of functions relating to equal opportunity
(1) Subject to subsections (2) and (3), the Commission shall perform
the functions referred to in paragraph 31(b) when:
(a) the Commission is requested to do so by the Minister; or
(b) a complaint is made in writing to the Commission, by or on
behalf of one or more persons aggrieved by an act or
practice, alleging that the act or practice constitutes
discrimination; or
(c) it appears to the Commission to be desirable to do so.
(2) The Commission shall not inquire into an act or practice, or, if the
Commission has commenced to inquire into an act or practice,
shall not continue to inquire into the act or practice, if the
Commission is satisfied that the subject matter of the complaint is
dealt with under a prescribed enactment or a prescribed State
enactment.
(3) The Commission may decide not to inquire into an act or practice,
or, if the Commission has commenced to inquire into an act or
practice, may decide not to continue to inquire into the act or
practice, if:
(a) the Commission is satisfied that the act or practice does not
constitute discrimination; or
(b) the Commission is satisfied that the person aggrieved by the
act or practice does not want the Commission to inquire, or to
continue to inquire, into the act or practice; or
(ba) the Commission is satisfied, having regard to all the
circumstances, that an inquiry, or the continuation of an
inquiry, into the act or practice is not warranted; or
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Compilation No. 48
Australian Human Rights Commission Act 1986
Compilation date: 20/12/18
Authorised Version C2019C00030 registered 14/01/2019
Registered: 14/1/19