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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 29 February 2020 at 12:47)
Part 9 Division 2 Subdivision 2
Subdivision 2 Making of complaints
89   Form and content of complaints
(1)  A complaint is to be in writing but does not have to take any particular form.
(2)  A complaint, as made, need not demonstrate a prima facie case.
89A   Making of complaint
(1)  A complaint is made by lodging it with the President.
(2)  A complaint may be lodged with the President—
(a)  by delivery by post or hand to an office of the Board, or
(b)  by facsimile to an office of the Board, or
(c)  by such other means as may be prescribed by the regulations.
89B   Acceptance or declining of complaints by the President
(1)  The President is to determine whether or not a complaint made to the President is to be accepted or declined, in whole or in part.
(2)  The President may decline a complaint if—
(a)  no part of the conduct complained of could amount to a contravention of a provision of this Act or the regulations, or
(b)  the whole or part of the conduct complained of occurred more than 12 months before the making of the complaint, or
(c)  the conduct complained of could amount to a contravention of a provision of this Act for which a specific penalty is imposed, or
(d)  in the case of a vilification complaint, it fails to satisfy the requirements of section 88, or
(e)  the President is not satisfied that the complaint was made by or on behalf of the complainant named in the complaint.
(3)  The President is to give notice of a decision to accept or decline a complaint to—
(a)  the person who made the complaint, and
(b)  if the respondent has been given notice of the complaint, the respondent,
so far as is reasonably practicable, within 28 days after the decision is made.
(4)  A decision under this section to decline a complaint in whole or in part is not reviewable by the Tribunal.
89C   (Repealed)