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EQUAL OPPORTUNITY ACT 1984 - SECT 96

EQUAL OPPORTUNITY ACT 1984 - SECT 96

96—Power of Tribunal to make certain orders

        (1)         The Tribunal may, on determining that the respondent in proceedings under this Part has acted in contravention of this Act, make one or more of the following orders:

            (a)         subject to this section, an order requiring the respondent to pay compensation (of such amount as the Tribunal thinks fit) to a person for loss or damage arising from the contravention;

            (b)         an order requiring the respondent to refrain from further contravention of the Act;

            (c)         an order requiring the respondent or any other party to the proceedings to perform specified acts with a view to redressing loss or damage arising from the contravention or remedying a discriminatory or unlawful act.

        (2)         The Tribunal may, at any stage of proceedings under this Part—

            (a)         make an interim order to prevent prejudice to a person affected by the proceedings;

            (b)         make an order dismissing the proceedings.

        (3)         The damage for which a person may be compensated under subsection (1) includes injury to his or her feelings.

        (3a)         In awarding compensation the Tribunal must take into account the amount of damages or compensation (if any) awarded in other proceedings (criminal or civil) in respect of the same act or series of acts.

        (3b)         An award of compensation may not be made against a child for an act in contravention of this Act (but an award of compensation may be made against a person who is vicariously liable for the act of the child).

        (6)         The Commissioner may, at the request or with the leave of the Tribunal, assist the Tribunal in proceedings.