ANTI-DISCRIMINATION ACT 1991 - SECT 209 Orders the tribunal may make if complaint is proven

ANTI-DISCRIMINATION ACT 1991 - SECT 209

209 Orders the tribunal may make if complaint is proven

(1) If the tribunal decides that the respondent contravened the Act , the tribunal may make 1 or more of the following orders—

(a) an order requiring the respondent not to commit a further contravention of the Act against the complainant or another person specified in the order;

(b) an order requiring the respondent to pay to the complainant or another person, within a specified period, an amount the tribunal considers appropriate as compensation for loss or damage caused by the contravention;

(c) an order requiring the respondent to do specified things to redress loss or damage suffered by the complainant and another person because of the contravention;

(d) an order requiring the respondent to make a private apology or retraction;

(e) an order requiring the respondent to make a public apology or retraction by publishing the apology or retraction in the way, and in the form, stated in the order;

(f) an order requiring the respondent to implement programs to eliminate unlawful discrimination;

(g) an order requiring a party to pay interest on an amount of compensation;

(h) an order declaring void all or part of an agreement made in connection with a contravention of this Act, either from the time the agreement was made or subsequently.

(2) An order may be made under subsection (1) (b) in favour of a person on whose behalf a representative complaint was made, without the necessity for the person to make an individual complaint, if on the evidence before it the tribunal is able to assess the loss or damage of the person.

(3) If, in respect of a representative complaint—

(a) the tribunal decides that the respondent contravened the Act ; but

(b) the tribunal is unable, on the evidence before it at the hearing of the representative complaint, to assess the loss or damage of a person on whose behalf the complaint was made;

the person may subsequently make a request for the tribunal to assess the person’s loss or damage.

(4) In this section, the specified things a respondent may be required to do, include, but are not limited to—

(a) employing, reinstating or re-employing a person; or

(b) promoting a person; or

(c) moving a person to a specified position within a specified time.

(5) In this section—


"damage" , in relation to a person, includes the offence, embarrassment, humiliation, and intimidation suffered by the person.