Part IIB Redress for unlawful discrimination
Division 1 Conciliation by the President
Section 46PH
statutory authority—the President is satisfied that the subject
matter of the complaint has been adequately dealt with;
(g) the President is satisfied that the subject matter of the
complaint could be more effectively or conveniently dealt
with by another statutory authority;
(h) the President is satisfied that the subject matter of the
complaint involves an issue of public importance that should
be considered by the Federal Court or the Federal Circuit
Court.
Note:
An act, omission or practice may not be unlawful discrimination
because an exemption applies (for example, section 18D of the Racial
Discrimination Act 1975). Accordingly, consideration by the President
of the question of whether an act, omission or practice is not unlawful
discrimination will involve consideration of whether an exemption
applies.
(1A) A complaint may be terminated under subsection (1) at any time,
even if an inquiry into the complaint has begun.
Mandatory termination of complaint
(1B) The President must terminate a complaint if the President is
satisfied that:
(a) the complaint is trivial, vexatious, misconceived or lacking in
substance; or
(b) there is no reasonable prospect of the matter being settled by
conciliation.
(1C) The President must terminate a complaint if the President is
satisfied that there would be no reasonable prospect that the
Federal Court or the Federal Circuit Court would be satisfied that
the alleged acts, omissions or practices are unlawful
discrimination.
(1D) A complaint may be terminated under subsection (1B) or (1C) at
any time, even if an inquiry into the complaint has begun.
78
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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