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ANTI-DISCRIMINATION ACT 1998 - SECT 60 Who may complain

ANTI-DISCRIMINATION ACT 1998 - SECT 60

Division 1A - Complaints Who may complain

(1)  Any of the following may complain to the Commissioner about discrimination or prohibited conduct:
(a) a person against whom the alleged discrimination or prohibited conduct was directed;
(b) a person –
(i) against whom the alleged discrimination or prohibited conduct was directed; and
(ii) who is a member of a class of persons against whom alleged similar discrimination or prohibited conduct was directed, on behalf of that class, if the Commissioner is satisfied that a majority of those members are likely to consent;
(c) a trade union that represents –
(i) a member of that union against whom the alleged discrimination or prohibited conduct was directed; or
(ii) a class of members of that union against whom the alleged discrimination or prohibited conduct was directed, if the Commissioner is satisfied that a majority of those members are likely to consent;
(d) an organisation against which the alleged discrimination or prohibited conduct was directed, if the Commissioner is satisfied that a majority of members of that organisation are likely to consent;
(e) an agent of a person referred to in this section;
(f) a person on behalf of the person against whom the alleged discrimination or prohibited conduct was directed.
(2)  The Commissioner may investigate any discrimination or prohibited conduct without the lodgment of a complaint if satisfied that there are reasonable grounds for doing so.
(3)  The Commissioner may accept a complaint from a child if the Commissioner is satisfied that the child has sufficient maturity to make the complaint.
(4)  A person may not make a complaint on behalf of another person without the approval of the Commissioner.
(5)  If the Commissioner investigates any discrimination or prohibited conduct under subsection (2)  –
(a) the discrimination or prohibited conduct is taken to be the subject of a complaint made by a person; and
(b) the provisions of this Act have effect as if the complaint had been made by a person; and
(c) the Commissioner may pursue the complaint as if the Commissioner were the complainant.
(6)  If the Commissioner investigates any discrimination or prohibited conduct in the circumstances described in section 68(5)  –
(a) the discrimination or prohibited conduct is taken to be the subject of a complaint made by the person; and
(b) the provisions of this Act have effect as if the complaint had not been withdrawn by the person; and
(c) the Commissioner may pursue the complaint as if the Commissioner were the complainant.
(7)  If the Commissioner investigates any discrimination or prohibited conduct pursuant to a complaint made on behalf of another person in the circumstances described in subsection (4)  –
(a) the discrimination or prohibited conduct is taken to be the subject of a complaint made by the person on whose behalf it is made; and
(b) the provisions of this Act have effect as if the complaint had been made by the person.