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.
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