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Contents (1977 - 48)
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Anti-Discrimination Act 1977 No 48
Current version for 26 September 2019 to date (accessed 20 November 2019 at 14:10)
Part 9 Division 2 Subdivision 1
Subdivision 1 Lodgment of complaints
87A   Persons who may make a complaint
(1)  A complaint alleging that a named person has, or named persons have, contravened a provision of this Act or the regulations (other than a provision for which a specific penalty is imposed) may be made by any of the following—
(a)  one or more persons—
(i)  on his, her or their own behalf, or
(ii)  on his, her or their own behalf as well as on behalf of another person or persons,
(b)  a parent or guardian of a person who lacks the legal capacity to lodge a complaint (for example, because of age or disability),
(c)  a representative body on behalf of a named person or persons, subject to section 87C,
(d)  an agent of any of the persons referred to in paragraph (a), (b) or (c).
(2)  Nothing in this Division prevents a person from making a complaint (not being a representative complaint) even though the conduct in respect of which the complaint is made is also conduct in respect of which a representative complaint has been made.
(3)  In this section, guardian has the same meaning as it has in the Guardianship Act 1987.
87B   Complaints made on behalf of others
(1)  When a complaint is made on behalf of another person or persons (the other complainants)—
(a)  the person who makes the complaint is, for the purposes of this Division, taken to have the same rights, obligations and interests with respect to the investigation, conciliation or referral of the complaint as the other complainants, and
(b)  the complaint is, for the purposes of this Part, taken to have been made by the other complainants on their own behalf.
(2)  In respect of a complaint made wholly or partly on behalf of another person or persons (not including a complaint made on behalf of a person who lacks legal capacity), the President may require—
(a)  the person or persons on whose behalf the complaint is made to show that the complaint has been made with his, her or their consent, or
(b)  the person or persons making the complaint to prove that he, she or they have authority to act at all times in the complaint handling process,
or both.
(3)  In respect of a complaint made wholly or partly on behalf of another person or persons (including a complaint made on behalf of a person who lacks legal capacity), if at any time the President is not satisfied that the person who made the complaint is acting in the best interests of the person or persons on whose behalf the complaint was made or retains the confidence of that person or those persons, the President may (without limiting section 92)—
(a)  appoint another person to act in that behalf, or
(b)  decline the complaint.
The regulations may make provision for or with respect to matters that may be taken into consideration by the President in making a decision under this subsection.
(4)  On declining a complaint under subsection (3) (b), the President is to advise the complainant, by notice in writing, of—
(a)  the declining of the complaint, and
(b)  the rights of the complainant under section 93A.
(5)  This section does not apply to a complaint made by—
(a)  an agent, or
(b)  a representative body.
87C   Complaints by representative bodies
(1)  Before a complaint can be made by a representative body as referred to in section 87A (1) (c), the representative body must satisfy the President—
(a)  that each person on whose behalf the complaint is made consents to the complaint being made by the body on his or her behalf, and
(b)  that the body has a sufficient interest in the complaint, that is, that the conduct that constitutes the alleged contravention is a matter of genuine concern to the body because of the way conduct of that nature adversely affects, or has the potential to adversely affect—
(i)  the interests of the body, or
(ii)  the interests or welfare of the group of people it represents or purports to represent.
(2)  The President may require a representative body that has made a complaint to nominate a person to appear for the representative body in conciliation proceedings concerning the complaint before the President.
88   Vilification complaints
A vilification complaint cannot be made unless each person on whose behalf the complaint is made—
(a)  has the characteristic that was the ground for the conduct that constitutes the alleged contravention, or
(b)  claims to have that characteristic and there is no sufficient reason to doubt that claim.
88A   Assistance by President in making complaints
The President may assist a person to make a complaint.
88B   Making of complaints in more than one jurisdiction
(1)  A person is not prevented from making a complaint under this Division only because the person has made a complaint or taken proceedings in relation to the same facts in another jurisdiction, whether in New South Wales or elsewhere.
(2)  The Tribunal must have regard to any such proceedings, and to the outcome of any such proceedings, in dealing with or determining the complaint.
88C   Withdrawal of consent for complaint
(1)  If a complaint has been made on a person’s behalf with the person’s consent, the person may withdraw the consent—
(a)  by notice in writing to the President, at any time before the complaint is declined, terminated or otherwise resolved by the President, or referred to the Tribunal, or
(b)  by notice in writing to the Tribunal, at any time before the complaint is dismissed, or found to be substantiated, by the Tribunal.
(2)  If a consent is withdrawn, the President or the Tribunal may make such arrangements as the President or the Tribunal, as the case requires, thinks appropriate for the further management of the complaint.