DISABILITY DISCRIMINATION ACT 1992 No. 135 of 1992 - SECT 71 Inquiries by Commissioner

DISABILITY DISCRIMINATION ACT 1992 No. 135 of 1992 - SECT 71

71.(1) If:

   (a)  a complaint relating to an alleged unlawful act is made to the
        Commission under section 69; or

   (b)  it appears to the Commission that a person has done an act that is
        unlawful under a provision of Part 2; the Commission must notify the
        Commissioner accordingly and the Commissioner must, subject to
        subsection (2), inquire into the act and endeavour, by conciliation,
        to effect a settlement of the matter to which the act relates.

(2) The Commissioner may decide not to inquire into an act, or, if the
Commissioner has commenced to inquire into an act, decide not to continue to
inquire into the act, if:

   (a)  the Commissioner is satisfied that the act is not unlawful under a
        provision of Part 2; or

   (b)  the Commissioner thinks the person aggrieved by the act does not
        desire, or no other person aggrieved by the act desires, that the
        inquiry be made or continued; or

   (c)  in a case where a complaint has been made to the Commission in
        relation to the act (other than an act to which Division 4 of Part 2
        applies) - a period of more than 12 months has elapsed since the act
        was done and the complaint was made to the Commission; or

   (d)  in a case where a complaint has been made to the Commission in
        relation to the act - the Commissioner thinks that the complaint was
        trivial, vexatious, misconceived or lacking in substance; or

   (e)  in a case where some other remedy has been sought in relation to the
        subject matter of the complaint - the Commissioner thinks that the
        subject matter of the complaint has been adequately dealt with; or

   (f)  the Commissioner thinks that some other more appropriate remedy in
        relation to the subject matter of the complaint is reasonably
        available to the person aggrieved by the act; or

   (g)  in a case where the subject matter of the complaint has already been
        dealt with by the Commission or by another statutory authority - the
        Commissioner thinks that the subject matter of the complaint has been
        adequately dealt with; or

   (h)  the Commissioner thinks that the subject matter of the complaint could
        be more effectively or conveniently dealt with by another statutory
        authority.

(3) If the Commissioner decides not to inquire into, or not to continue to
inquire into, an act in respect of which a complaint was made to the
Commission, the Commissioner must give notice in writing to the complainant or
each of the complainants of that decision, of the reasons for that decision
and of the rights of the complainant or each of the complainants under
subsection (5).

(4) Subsection (3) does not apply in relation to a decision of the
Commissioner that is made at the request of the complainant or all of the
complainants, as the case requires.

(5) If the Commissioner has given a complainant a notice under subsection (3),
the complainant may, within 21 days after receipt of the notice, by notice in
writing served on the Commissioner, require the Commissioner to refer the
complaint to the President.

(6) On receipt of a notice under subsection (5), the Commissioner must refer
the complaint to the President together with a report relating to any
inquiries made by the Commissioner into the complaint.

(7) The Commissioner may, for the purposes of this Act, obtain information
from such persons and make such inquiries, as the Commissioner thinks fit.