ANTI-DISCRIMINATION ACT 1991 - SECT 143 Respondent is to be notified of accepted complaint

ANTI-DISCRIMINATION ACT 1991 - SECT 143

143 Respondent is to be notified of accepted complaint

(1) If a complaint is accepted, the commissioner must promptly notify the respondent in writing of the substance of the complaint.

(2) The notice to the respondent must also state the following—

(a) the complainant’s address for service;

(b) that the respondent must advise the commissioner of the respondent’s address for service;

(c) that the respondent may give a written response to the allegations included in the complaint;

(d) that within 28 days after the respondent receives the notice, the respondent must, if giving a written response—

(i) give the written response to the commissioner; and

(ii) give a copy of the written response to the complainant and any other respondent;

(e) that the respondent must include, with the written response given to the commissioner, advice as to whether it has been given to the complainant and any other respondent;

(f) that the respondent may ask the commissioner for an early conciliation conference whether or not the respondent gives a written response;

(g) that if the respondent does not, within the 28 days mentioned in paragraph (d) , give the commissioner a written response or ask the commission to arrange for an early conciliation conference, a conciliation conference will be held on a date stated in the notice.

(2A) The respondent must advise the commissioner in writing of the respondent’s address for service.

(2B) If the respondent is giving a written response, the respondent must also—

(a) give the written response to the commissioner and give a copy of the written response to the complainant and any other respondent; and

(b) advise the commissioner whether the written response, or a copy of the written response, has been given to the complainant and any other respondent.

(3) If the respondent does not, within the 28 days mentioned in subsection (2) (d) , give the commissioner a written response or ask the commission to arrange for an early conciliation conference, the notice has effect as a direction under section 159 (1) to the respondent to take part in a conciliation conference on the date stated in the notice under subsection (2) (g) .

(4) The giving of the notice to the respondent does not stop the commissioner from exercising, at any time, the commissioner’s power under section 159 (1) to direct the complainant and the respondent to take part in a conciliation conference—

(a) whether or not the 28 days mentioned in subsection (2) (d) has expired; and

(b) whether or not the commissioner has received any communication from the respondent.

(5) The stated date for subsection (2) (g) must be not more than 14 days after the 28 days mentioned in subsection (2) (d) .