Part 3 s 92D Human Rights Act 1993 Version as at 1 July 2024 (4) The Office of Human Rights Proceedings must pay any award of costs made against a person in proceedings for which representation is provided for that person by the Director. (5) Any award of costs made in favour of a person in proceedings for which representation is provided for that person by the Director must be paid to the Office of Human Rights Proceedings. (6) Nothing in this Act limits or affects the entitlement to legal aid (if any) of a party in respect of proceedings or intended proceedings (whether or not representation for the party in the proceedings may, or is to be, is being, or has been, provided in accordance with a decision of the Director under section 90(1)(a) or (c)). Section 92C: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96). 92D Tribunal or Chairperson or Deputy Chairperson may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement (1) When proceedings under section 92B are brought, the Tribunal or the Chair‐ person or a Deputy Chairperson— (a) must (whether through a member or officer) first consider whether an attempt has been made to resolve the complaint (whether through medi‐ ation or otherwise); and (b) must refer the complaint under section 76(2)(a) to which the proceedings relate back to the Commission unless the Tribunal or the Chairperson or a Deputy Chairperson is satisfied that attempts at resolution, or further attempts at resolution, of the complaint by the parties and the Commis‐ sion— (i) will not contribute constructively to resolving the complaint; or (ii) will not, in the circumstances, be in the public interest; or (iii) will undermine the urgent or interim nature of the proceedings. (2) The Tribunal or the Chairperson or a Deputy Chairperson may, at any time before, during, or after the hearing of proceedings, refer a complaint under section 76(2)(a) back to the Commission if it appears to the Tribunal or the Chairperson or a Deputy Chairperson, from what is known to it about the complaint, that the complaint may yet be able to be resolved by the parties and the Commission (for example, by mediation). (3) The Tribunal or the Chairperson or a Deputy Chairperson may, instead of exer‐ cising the power conferred by subsection (2), adjourn any proceedings relating to a complaint under section 76(2)(a) for a specified period if it appears to the Tribunal or the Chairperson or a Deputy Chairperson, from what is known about the complaint, that the complaint may yet be able to be resolved by the parties. 74

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