Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Commissioner may determine that a complaint is not to continue as a representative complaint

             (1)  The Commissioner may, on application by the respondent or on his or her own initiative, determine that a complaint should no longer continue as a representative complaint.

             (2)  The Commissioner may only make such a determination if the Commissioner is satisfied that it is in the interests of justice to do so for any of the following reasons:

                     (a)  the costs that would be incurred if the complaint were to continue as a representative complaint are likely to exceed the costs that would be incurred if each class member lodged a separate complaint;

                     (b)  the representative complaint will not provide an efficient and effective means of dealing with the complaints of the class members;

                     (c)  the complaint was not brought in good faith as a representative complaint;

                     (d)  it is otherwise inappropriate that the complaints be pursued by means of a representative complaint.

             (3)  If the Commissioner makes such a determination:

                     (a)  the complaint may be continued as a complaint by the complainant on his or her own behalf against the respondent; and

                     (b)  on the application of a person who was a class member for the purposes of the former representative complaint, the Commissioner may join that person as a complainant to the complaint as continued under paragraph (a).

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback