EQUAL OPPORTUNITY ACT 1984 - SECT 83

EQUAL OPPORTUNITY ACT 1984 - SECT 83

83 .         Making complaints to Commissioner

        (1)         A complaint alleging that a person has committed a contravention of this Act, other than a contravention in respect of which a specific penalty is imposed, may be lodged in writing with the Commissioner by —

            (a)         a person on the person’s own behalf or on the person’s own behalf and the behalf of other persons; or

            (b)         2 or more persons on their own behalf or on behalf of themselves and other persons; or

            (c)         a trade union of which a person or persons aggrieved by the alleged contravention is a member or are members on behalf of that person or those persons.

        (1a)         A complaint alleging that a person has committed, in relation to a person having an impairment, a contravention of this Act, other than a contravention in respect of which a specific penalty is imposed, may be lodged in writing with the Commissioner in accordance with subsection (1) or —

            (a)         where the person having the impairment is unable to write or sign his or her name, by a person authorised to lodge the complaint by the person having the impairment; or

            (b)         where the person having the impairment is unable to authorise a person to lodge the complaint, by any person who satisfies the Commissioner of the proper interest of that person in the care and protection of the person having the impairment.

        (2)         A person may lodge a complaint in writing with the Commissioner in respect of any refusal, neglect or failure to obey or comply with an order or interim order of the Tribunal.

        (3)         A complaint under subsection (1) or (1a) may be lodged either as a complaint other than a representative complaint or as a representative complaint.

        (4)         A complaint made under subsection (1) or (1a) shall be lodged within 12 months after the date on which the contravention of this Act which is the subject of that complaint is alleged to have been committed.

        (5)         Notwithstanding subsection (4), the Commissioner, on good cause being shown, may accept a complaint which is lodged more than 12 months after the date referred to in that subsection.

        (6)         In this section, trade union means an organisation of employees or an organisation of employers.

        [Section 83 amended: No. 40 of 1988 s. 13; No. 55 of 2004 s. 305.]