Victorian Consolidated Legislation

Racial and Religious Tolerance Act 2001 - SECT 23

Application of Equal Opportunity Act 1995

23. Application of Equal Opportunity Act 1995



(1) Subject to subsection (1A), Divisions 2 to 7 of Part 7 of the
Equal Opportunity Act 1995 apply to any complaint made under this Act as if it
were a complaint lodged under section 105 of that Act.

(1A) Section 108(2), (3), (4) and (5) of the Equal Opportunity Act 1995 does
not apply to a complaint made under this Act if the Commission declines to
entertain the complaint under section 108(1) of the
Equal Opportunity Act 1995.





(2) For the purposes of subsection (1), a reference in Divisions 2 to 7 of
Part 7 of the Equal Opportunity Act 1995 to a complainant includes, in
relation to a complaint lodged by a representative body, a reference to the
representative body.

(3) In relation to a complaint lodged by-

   (a)  a representative body; or

   (b)  a person referred to in section 19(2)-

all periods of time referred to in Divisions 2 and 4 of Part 7 of the
Equal Opportunity Act 1995 (other than the periods of time referred to in
sections 108(1)(c) and 110(1) of that Act) are doubled.

(4) For the avoidance of doubt, Division 2 of Part 10 and section 210 of the
Equal Opportunity Act 1995 apply to any proceeding before the Commission
involving a complaint made under this Act.