New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 92C

92C Abandonment of complaint

(1) If a complainant has:

(a) failed to respond to a request for documents or information, or

(b) failed to give notice to the President of an address (or new address) at which he or she may be contacted,

the President may serve a notice on the complainant at his or her address last known to the President stating that, if a response is not received within 28 days, the complaint will be taken to be abandoned and the President will terminate the complaint.

(2) If a complaint is taken to have been abandoned under this section, it may be revived if, within 12 months after the end of the 28-day period referred to in subsection (1), the complainant satisfies the President that:

(a) he or she wishes to pursue the complaint, and

(b) the failure relied on for the purpose of subsection (1) did not take place or ought reasonably to be excused, and

(c) no undue prejudice would be caused to the respondent by reviving the complaint.