Northern Territory Consolidated Acts

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ANTI-DISCRIMINATION ACT - SECT 84

Request for hearing after 6 months

84. Request for hearing after 6 months

(1) If the Commissioner has not finished dealing with a complaint at the expiration of 6 months after accepting the complaint under section 66, either the complainant or the respondent may, in writing, request the Commissioner to conduct a hearing of the complaint.

(2) The Commissioner may defer acting on a request under subsection (1) for up to 28 days, if there is a significant prospect that the complaint can be resolved by conciliation within that period.

(3) Subject to subsection (2), if a request under subsection (1) is made by the respondent, the Commissioner shall ask the complainant whether the complainant agrees to the conduct of a hearing of the complaint.

(4) A complainant shall, not later than 28 days after being asked by the Commissioner under subsection (3), agree or refuse to agree to the conduct of the hearing.

(5) If the complainant refuses to agree to the conduct of a hearing under subsection (4), the complaint lapses and the complainant may not make a further complaint in relation to the prohibited conduct alleged in the complaint.

(6) The Commissioner may extend the period referred to in subsection (4) if the complainant asks, in writing, for an extension before the period expires.

(7) Subject to subsection (2), if a request under subsection (1) is made by the complainant, the Commissioner shall conduct a hearing of the complaint.

(8) The Commissioner shall notify the complainant and the respondent as to whether the complaint has lapsed or will proceed to a hearing.



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