Commonwealth Consolidated Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 - SECT 32

             (1)  Subject to subsections (2) and (3), the Commission shall perform the functions referred to in paragraph 31(b) when:

                     (a)  the Commission is requested to do so by the Minister;

                     (b)  a complaint is made in writing to the Commission alleging that an act or practice constitutes discrimination; or

                     (c)  it appears to the Commission to be desirable to do so.

             (2)  The Commission shall not inquire into an act or practice, or, if the Commission has commenced to inquire into an act or practice, shall not continue to inquire into the act or practice, if the Commission is satisfied that the subject matter of the complaint is dealt with under a prescribed enactment or a prescribed State enactment.

             (3)  The Commission may decide not to inquire into an act or practice, or, if the Commission has commenced to inquire into an act or practice, may decide not to continue to inquire into the act or practice, if:

                     (a)  the Commission is satisfied that the act or practice does not constitute discrimination;

                     (b)  the Commission is satisfied that the person aggrieved by the act or practice does not desire that the inquiry be held or continued; or

                     (c)  in a case where a complaint has been made to the Commission in relation to the act or practice:

                              (i)  the complaint was made more than 12 months after the act was done or after the last occasion when an act was done pursuant to the practice;

                             (ii)  the Commission is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance;

                            (iii)  where some other remedy has been sought in relation to the subject matter of the complaint—the Commission is of the opinion that the subject matter of the complaint has been adequately dealt with;

                            (iv)  the Commission is of the opinion that some other more appropriate remedy in relation to the subject matter of the complaint is reasonably available to the complainant;

                             (v)  where the subject matter of the complaint has already been dealt with by the Commission or by another statutory authority—the Commission is of the opinion that the subject matter of the complaint has been adequately dealt with; or

                            (vi)  the Commission is of the opinion that the subject matter of the complaint could be more effectively or conveniently dealt with by another statutory authority.