EQUAL OPPORTUNITY ACT 1984 - SECT 95B
EQUAL OPPORTUNITY ACT 1984 - SECT 95B
95B—Referral of complaints to Tribunal
(1) If, in respect of
a complaint, the Commissioner—
(a) is
of the opinion that the matter cannot be resolved by conciliation; or
(b) has
attempted to resolve the matter by conciliation but has not been successful in
that attempt; or
(ba) is
of the opinion that the matter should be transferred to the Tribunal (whether
or not there has been an attempt to resolve the matter by conciliation); or
(c) has
declined to recognise the complaint as one on which action should be taken and
the complainant has, within 3 months of being notified of the
Commissioner's decision, by notice in writing, required the Commissioner to
refer the complaint to the Tribunal,
the Commissioner must refer the matter to the Tribunal for hearing and
determination.
(2) Despite
subsection (1)(ba), if, in respect of a complaint, the Commissioner is of
the opinion that—
(a) the
complaint relates to a matter that may be the subject of proceedings under
another Act in respect of which SAET has jurisdiction; and
(b) the
matter should be transferred to SAET (whether or not there has been an attempt
to resolve the matter by conciliation),
the Commissioner may refer the matter to SAET for hearing and determination
(but nothing in this subsection prevents the Commissioner from acting under
subsection (1)(ba)).
(3) If the
Commissioner refers a matter to SAET under subsection (2), SAET will be
taken to have jurisdiction under this Act to deal with the matter and the
matter may be determined by SAET in accordance with this Act.