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RACIAL AND RELIGIOUS TOLERANCE ACT 2001 - SECT 23A Who can apply?

RACIAL AND RELIGIOUS TOLERANCE ACT 2001 - SECT 23A

Who can apply?

    (1)     The following persons may make an application to the Tribunal under section 23

        (a)     a person who claims that another person has contravened a provision of Part 2 in relation to that person;

        (b)     if that person is unable to make an application because of disability—

              (i)     a person authorised by that person to act on his or her behalf; or

              (ii)     if that person is unable to authorise another person, any other person on his or her behalf;

        (c)     if that person is a child—

              (i)     the child; or

              (ii)     a parent of the child on the child's behalf; or

              (iii)     if the Tribunal is satisfied that the child or a parent of the child consents, any other person on the child's behalf.

    (2)     A person may make an application on behalf of the person and another person or persons if the Tribunal is satisfied that—

        (a)     each person—

              (i)     is entitled to make an application under subsection (1)(a); and

              (ii)     has consented to the application being made on the person's behalf; and

        (b)     the alleged contravention arises out of the same conduct.

    (3)     An authorisation under subsection (1)(b)(i) may be given—

        (a)     in writing; or

        (b)     in any other manner approved by the Tribunal.

    (4)     It is not necessary for the alleged contravention to relate exclusively to the person making the application.

S. 23B inserted by No. 16/2010 s. 203 (as amended by No. 26/2011 s. 34(Sch. item 9.5)).