Commonwealth Consolidated Acts

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Substitution of respondent to complaint

             (1)  This section lets the Commissioner substitute an agency for an organisation as respondent to a complaint if:

                     (a)  the organisation is a contracted service provider for a Commonwealth contract to provide services to the agency; and

                     (b)  before the Commissioner makes a determination under section 52 in relation to the complaint, the organisation:

                              (i)  dies or ceases to exist; or

                             (ii)  becomes bankrupt or insolvent, commences to be wound up, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of any property for the benefit of creditors.

             (2)  The Commissioner may amend the complaint to specify as a respondent to the complaint the agency or its principal executive, instead of the organisation.

Note 1:       The complaint still relates to the act or practice of the organisation.

Note 2:       The Commissioner may determine under section 53B that the determination applies in relation to an agency if the organisation has not complied with the determination.

             (3)  Before amending the complaint, the Commissioner must:

                     (a)  give the agency a notice stating that the Commissioner proposes to amend the complaint and stating the reasons for the proposal; and

                     (b)  give the agency an opportunity to appear before the Commissioner and to make oral and/or written submissions relating to the proposed amendment.

             (4)  If the Commissioner amends the complaint after starting to investigate it, the Commissioner is taken to have satisfied subsection 43(1A) in relation to the agency.

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