Victorian Repealed Acts

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This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 104

Who may complain?

104. Who may complain?



(1) The following may complain to the Commissioner-

   (a)  a person who claims that another person has contravened a provision of
        Part 3, 5 or 6 in relation to that person;

   (b)  if that person is unable to complain because of impairment-

   (i)  a person authorised by that person to act on his or her behalf; or

   (ii) if that person is unable to authorise another person, any other person
        on his or her behalf;

   (c)  if that person is a child-

   (i)  the child; or

   (ii) a parent of the child on the child's behalf; or

   (iii) if the Commissioner is satisfied that the child or a parent of the
        child so consents, any other person on the child's behalf.

(1A) A person may complain on behalf of the person and another person or
persons if the Commissioner is satisfied that-

   (a)  each person named in the complaint-

   (i)  is entitled to complain under subsection (1)(a); and

   (ii) has consented to the complaint being made on the person's behalf; and

   (b)  the alleged contravention arises out of the same conduct.

(1B) A representative body may complain to the Commissioner on behalf of a
named person or persons if the Commissioner is satisfied that-

   (a)  each person named in the complaint-

   (i)  is entitled to complain under subsection (1)(a); and

   (ii) has consented to the complaint being made by the body on the person's
        behalf; and

   (b)  the representative body has a sufficient interest in the complaint;
        and

   (c)  the alleged contravention arises out of the same conduct.

(1C) A representative body has sufficient interest in a complaint if 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 adversely to affect the interests of the body or
the interests or welfare of the persons it represents.

(2) An authorisation under subsection (1)(b)(i) may be given-

   (a)  in writing; or

   (b)  in any other manner approved by the Commissioner.



(3) Two or more people may complain jointly.



(4) It is not necessary for the alleged contravention to relate exclusively to
the complainant.







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