Redress for unlawful discrimination Part IIB
Conciliation by the President Division 1
Section 46PG
(11) Subsections (6) and (10) do not impose a duty on the President that
is enforceable in court.
(12) Subsection (11) does not affect a legally enforceable obligation to
observe the rules of natural justice.
46PG Withdrawal of complaint
(1) Any complainant to a complaint may withdraw the complaint, with
the leave of the President.
(2) The President must grant leave if the President is satisfied that all
the affected persons agree to withdrawal of the complaint. The
President cannot grant leave unless the President is satisfied that
they all agree.
46PH Termination of complaint
Discretionary termination of complaint
(1) The President may terminate a complaint on any of the following
grounds:
(a) the President is satisfied that the alleged acts, omissions or
practices are not unlawful discrimination;
(b) the complaint was lodged more than 6 months after the
alleged acts, omissions or practices took place;
(c) the President is satisfied, having regard to all the
circumstances, that an inquiry, or the continuation of an
inquiry, into the complaint is not warranted;
(d) in a case where some other remedy has been sought in
relation to the subject matter of the complaint—the President
is satisfied that the subject matter of the complaint has been
adequately dealt with;
(e) the President is satisfied that some other more appropriate
remedy in relation to the subject matter of the complaint is
reasonably available to each affected person;
(f) in a case where the subject matter of the complaint has
already been dealt with by the Commission or by another
Australian Human Rights Commission Act 1986
Compilation No. 48
Compilation date: 20/12/18
Authorised Version C2019C00030 registered 14/01/2019
77
Registered: 14/1/19
Выберите целевой абзац3
Подключиться к абзацу
Connect to an entity
Disable highlights
Добавить в оглавление