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ANTI-DISCRIMINATION ACT 1998 - SECT 89 Orders

ANTI-DISCRIMINATION ACT 1998 - SECT 89

Orders

(1)  If the Tribunal finds after an inquiry that a complaint is substantiated, it may make one or more of the following orders:
(a) an order that the respondent must not repeat or continue the discrimination or prohibited conduct;
(b) an order that the respondent must redress any loss, injury or humiliation suffered by the complainant and caused by the respondent's discrimination or prohibited conduct;
(c) an order that the respondent must re-employ the complainant;
(d) an order that the respondent must pay to the complainant, within a specified period, an amount the Tribunal thinks appropriate as compensation for any loss or injury suffered by the complainant and caused by the respondent's discrimination or prohibited conduct;
(e) an order that the respondent must pay a specified fine not exceeding 20 penalty units;
(f) an order that a contract or agreement is to be varied or declared void in whole or in part;
(g) an order that it is inappropriate for any further action to be taken in the matter;
(h) any other order it thinks appropriate.
(2)  If the Tribunal finds after an inquiry that a complaint against a State Service officer or State Service employee is substantiated, it may order the Minister responsible for the Agency in which that officer or employee is employed to exercise any one or more of the powers specified in section 10 of the State Service Act 2000 .
(3)  If the Tribunal makes an order under subsection (2) , the inquiry held under this Act is taken to be a determination arising from an investigation under section 10 of the State Service Act 2000 .
(4)  The Tribunal, on completion of an inquiry, may order the respondent to –
(a) make reasonable efforts to identify persons entitled to benefit from an order made by the Tribunal if such persons were not personally identified at the inquiry; and
(b) pay a specified sum to an organisation or fund that is acceptable to the Tribunal if the persons referred to in paragraph (a) cannot be personally identified.
(5)  The Tribunal, on completion of an inquiry, may order that a trust fund under the control of the Public Trustee be established into which a specified sum is to be paid if the persons referred to in subsection (4)(a) cannot be identified.