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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.