Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1993 No. 13 of 1994 - SECT 12

12. Section 52 of the Principal Act is amended:

   (a)  by omitting from subparagraph (1)(b)(iii) "except where the complaint
        was dealt with as a representative complaint-";

   (b)  by inserting after subsection (1) the following subsections:

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

"(1B) A determination of the Commissioner under subsection (1) is not binding
or conclusive between any of the parties to the determination.";

   (c)  by omitting subsection (4) and substituting the following subsections:

"(4) A determination by the Commissioner under subparagraph (1)(b)(iii) on a
representative complaint:

   (a)  may provide for payment of specified amounts or of amounts worked out
        in a manner specified by the Commissioner; and

   (b)  if the Commissioner provides for payment in accordance with paragraph
        (a), must make provision for the payment of the money to the
        complainants concerned.

"(5) If the Commissioner makes a determination under subparagraph (1)(b)(iii)
on a representative complaint, the Commissioner may give such directions (if
any) as he or she thinks just in relation to:

   (a)  the manner in which a class member is to establish his or her
        entitlement to the payment of an amount under the determination; and

   (b)  the manner for determining any dispute regarding the entitlement of a
        class member to the payment.

"(6) In this section:
'complainant', in relation to a representative complaint, means the class
members.".