ANTI-DISCRIMINATION ACT 1991 - SECT 164A
Right of complainant to seek referral to tribunal after conciliation conference
ANTI-DISCRIMINATION ACT 1991 - SECT 164A
Right of complainant to seek referral to tribunal after conciliation conference
164A Right of complainant to seek referral to tribunal after conciliation
conference
(1) This section applies if—
(a) a conciliation conference has been held
under division 3 in relation to a complaint; and
(b) the complaint has not
been resolved by conciliation.
(2) The complainant may give the commissioner
a written notice requiring the commissioner to refer the complaint to—
(a)
if the complaint is or includes a work-related matter—the industrial
relations commission; or
(b) otherwise—QCAT.
Note—
If the complaint
includes a work-related matter and a matter other than a work-related matter,
the complaint must be referred to the industrial relations commission.
However, the commission may transfer the complaint to QCAT under section 193A.
(3) The commissioner must promptly—
(a) refer the complaint to the
tribunal; and
(b) give the respondent a copy of the complaint.
(4) However
the commissioner is not required to act under subsection (3) if the
commissioner decides to act under section 168in relation to the complaint.
(5) If the commissioner has, under section 141A(2) , deferred deciding
whether or not to accept the complaint under section 138(2) to the extent it
relates to an out-of-time contravention, the commissioner must make that
decision before acting under subsection (3) .
(6) If the complainant acts
under subsection (2) , sections 165to 167stop applying in relation to the
complaint.
(7) The complainant is the applicant for the purposes of the
relevant tribunal Act.