Part IIB Redress for unlawful discrimination
Division 2 Proceedings in the Federal Court and the Federal Circuit Court
Section 46PO
Division 2—Proceedings in the Federal Court and the
Federal Circuit Court
46PO Application to court if complaint is terminated
(1) If:
(a) a complaint has been terminated by the President under
section 46PE, paragraph 46PF(1)(b) or section 46PH; and
(b) the President has given a notice to any person under
subsection 46PH(2) in relation to the termination;
any person who was an affected person in relation to the complaint
may make an application to the Federal Court or the Federal
Circuit Court, alleging unlawful discrimination by one or more of
the respondents to the terminated complaint.
Note:
Part IVA of the Federal Court of Australia Act 1976 allows
representative proceedings to be commenced in the Federal Court in
certain circumstances.
(2) The application must be made within 60 days after the date of issue
of the notice under subsection 46PH(2), or within such further time
as the court concerned allows.
(3) The unlawful discrimination alleged in the application:
(a) must be the same as (or the same in substance as) the
unlawful discrimination that was the subject of the
terminated complaint; or
(b) must arise out of the same (or substantially the same) acts,
omissions or practices that were the subject of the terminated
complaint.
(3A) The application must not be made unless:
(a) the court concerned grants leave to make the application; or
(b) the complaint was terminated under paragraph 46PH(1)(h);
or
(c) the complaint was terminated under paragraph 46PH(1B)(b).
84
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
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