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EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 127 When investigation may be conducted

EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 127

When investigation may be conducted

                The Commission may conduct an investigation into any matter relating to the operation of this Act—

        (a)     that raises an issue that is serious in nature; and

        (b)     that indicates a possible contravention of this Act; and

        (c)     that relates to a class or group of persons—

        if the investigation would advance the objectives of this Act.

Example

An organisation has a policy that indirectly discriminates against persons with a particular attribute. The Commission has received several calls complaining about this policy and the policy has received media attention. Although some claims that the policy is discriminatory have been settled on an individual basis, the policy has not been changed. The Commission may decide that, in these circumstances, an investigation could help identify and eliminate a systemic cause of discrimination.