AustLII Tasmanian Consolidated Acts

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ANTI-DISCRIMINATION ACT 1998 - SECT 68

68. Withdrawal of complaints

      (1) A complainant may apply to the Commissioner to withdraw a complaint.

      (2) An application to withdraw a complaint is to include a statement of the reasons for the withdrawal.

      (3) The Commissioner, on receipt of an application to withdraw a complaint, may investigate the circumstances relating to the application.

      (4) If the Commissioner is satisfied that an application to withdraw a complaint is made voluntarily, the Commissioner is to –

(a) grant the withdrawal; and

(b) record the term of any agreement reached between the complainant and the respondent; and

(c) refer any application for costs to the Tribunal for an order under section 99A.

      (5) The withdrawal of a complaint does not prevent –

(a) the Commissioner or an authorised person from investigating the complaint under section 69 if satisfied that –

(i) the complaint was not withdrawn voluntarily; or

(ii) it is in the public interest to do so; or

(b) the Minister from referring the complaint to the Tribunal.

      (6) A complainant who withdraws a complaint under this section is not entitled to make another complaint in relation to the same matter without the permission of the Commissioner.



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