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DISABILITY DISCRIMINATION ACT 1992 No. 135 of 1992 - SECT 103 Determination or other decision of the Commission

DISABILITY DISCRIMINATION ACT 1992 No. 135 of 1992 - SECT 103

Determination or other decision of the Commission
103.(1) After holding an inquiry, the Commission may:

   (a)  dismiss the complaint the subject of the inquiry; or

   (b)  if it finds the complaint substantiated - so find and make a
        determination which, if appropriate, may include any one or more of
        the following:

        (i)    a declaration that the respondent had engaged in conduct, or
               committed an act, that is unlawful under a provision of Part 2
               of this Act and should not repeat or continue such unlawful
               conduct;

        (ii)   a declaration that the respondent should perform any reasonable
               act or course of conduct to redress any loss or damage suffered
               by the complainant;

        (iii)  a declaration that the respondent should employ or re-employ
               the complainant;

        (iv)   if the complaint was not dealt with as a representative
               complaint - a declaration that the respondent should pay to the
               complainant damages by way of compensation for any loss or
               damage suffered because of the conduct of the respondent;

        (v)    a declaration that the respondent should promote the
               complainant;

        (vi)   a declaration that the termination of a contract or agreement
               should be varied to redress any loss or damage suffered by the
               complainant;

        (vii)  a declaration that it would be inappropriate for any further
               action to be taken in the matter.

(2) A determination of the Commission under subsection (1) is not binding or
conclusive between any of the parties to the determination.

(3) The Commission may, in the making of a determination under subsection (1),
state any findings of fact upon which the determination is based.

(4) The damage referred to in paragraph (1)(b) includes injury to the
complainant's feelings or humiliation suffered by the complainant.

(5) In this section:

"complainant", in relation to a complaint that is made by a person:

   (a)  on behalf of persons who include a person other than the complainant;
        or
  (b)   on behalf of another person or other persons;
means the persons on whose behalf the complaint is made.