EQUAL OPPORTUNITY ACT 1984 - SECT 95A

EQUAL OPPORTUNITY ACT 1984 - SECT 95A

95A—Commissioner may decline complaints in certain circumstances

        (1)         The Commissioner may, by notice in writing to the complainant, decline to recognise a complaint as one on which action should be taken by the Commissioner if, in the opinion of the Commissioner—

            (a)         the complaint is frivolous, vexatious, misconceived or lacking in substance; or

            (b)         the complaint has ceased to be a complaint that should be proceeded with because the complainant—

                  (i)         has died; or

                  (ii)         is unable to be contacted; or

                  (iii)         has expressed an intention not to proceed, or otherwise evidenced a lack of interest in proceeding, with the complaint; or

                  (iv)         has unreasonably refused or failed to cooperate; or

            (c)         there is no reasonable prospect of an order being made by the Tribunal under section 96(1) or of an order being made by the Tribunal that is more favourable to the complainant than offers refused by the complainant in conciliation proceedings; or

            (d)         the complaint alleges discrimination on the ground of being, or having been, subjected to domestic abuse and the complainant fails to provide sufficient evidence that they are, or have been, subjected to domestic abuse.

        (2)         A decision by the Commissioner not to recognise a complaint as one on which action should be taken may be made at any time, despite the fact that to some extent action has already been taken on the complaint.

        (3)         If—

            (a)         the Commissioner has determined that a complaint has ceased to be a complaint that should be proceeded with under subsection (1)(b); and

            (b)         the complainant contacts the Commissioner within 12 months after the date of that determination requesting that the complaint proceed,

the Commissioner may reinstate the complaint.

        (4)         For the purposes of subsection (1)(d), a reference to "sufficient evidence" provided by a complainant is a reference to—

            (a)         evidence that an intervention order has been issued under the Intervention Orders (Prevention of Abuse) Act 2009 to protect the complainant from domestic abuse; or

            (b)         evidence that the complainant has sought or received assistance in relation to domestic abuse from—

                  (i)         a registered health practitioner; or

                  (ii)         a charitable organisation; or

                  (iii)         a person or body of a class prescribed by the regulations; or

            (c)         evidence that otherwise satisfies the Commissioner that the complainant is, or has been, subjected to domestic abuse.

        (5)         In this section—

"charitable organisation" means an organisation, society, institution or body carried on for a religious, educational, benevolent or charitable purpose, provided that it is not also carried on for the purpose of securing pecuniary benefit for its members.