Part IIC Referral of discriminatory awards and determinations to other bodies
Section 46PX
(a) a person aggrieved by the act, on that person’s own behalf or
on behalf of that person and one or more other persons
aggrieved by the act; or
(b) 2 or more persons aggrieved by the act, on their own behalf
or on behalf of themselves and one or more other persons
aggrieved by the act; or
(c) a person or persons who are in a class of persons aggrieved
by the act, on behalf of all the persons in the class.
(2) If the Commission receives a complaint under this section, the
Commission must notify the President accordingly.
(3) If it appears to the President that the act is a discriminatory act, the
President must refer the determination to the Remuneration
Tribunal. However, the President need not refer the determination
if the President is of the opinion that the complaint is frivolous,
vexatious, misconceived or lacking in substance.
(4) If the President decides not to refer the determination, the President
must give notice in writing of that decision to the complainant or
each of the complainants, together with notice of the reasons for
the decision.
(5) If the President refers the determination to the Remuneration
Tribunal, the President must give notice in writing of the outcome
of the referral to the complainant or each of the complainants.
(6) The President may obtain documents or information under
section 46PI for the purposes of this section.
(7) In this section:
determination means:
(a) a determination made on or after 19 January 1994 by the
Remuneration Tribunal under the Remuneration Tribunal Act
1973; or
(b) a variation made on or after 19 January 1994 by that Tribunal
to a determination made by it under that Act before
19 January 1994.
92
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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