Victorian Repealed Acts

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This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 108

Commissioner may decline to entertain some complaints

108. Commissioner may decline to entertain some complaints



(1) If the Commissioner considers that a complaint-

   (a)  is frivolous, vexatious, misconceived or lacking in substance; or

   (b)  involves subject matter that would be more appropriately dealt with by
        a tribunal (other than the Tribunal) or a court; or

   (ba) involves subject matter that has been adequately dealt with by a
        tribunal or court; or

   (c)  relates to an alleged contravention of the Act that took place more
        than 12 months before the complaint was lodged-

the Commissioner may decline to entertain the complaint by notifying the
complainant and the respondent in writing within 60 days after the day the
complaint was lodged.

(1A) Before declining to entertain a complaint, the Commissioner may, by
written notice, require any person-





   (a)  to attend before the Commissioner, or a member of the staff of the
        Commission, for the purpose of discussing the subject matter of the
        complaint at a reasonable time set out in the notice;

   (b)  to produce any documents specified in the notice on or before a
        reasonable time set out in the notice.

Note See section 201 which makes it an offence not to comply with a
requirement under this subsection.

(1AB) The Commissioner may give a notice under subsection (1A) only if it is
reasonably necessary for the purpose of determining whether to decline to
entertain a complaint.



(1AC) Nothing in subsection (1A) or (1AB) prevents the Commissioner from
inviting any person to attend before the Commissioner, or a member of the
staff of the Commission, for the purpose of discussing the complaint or
producing any documents.

(1B) The period of 60 days referred to in subsection (1) is suspended while
any application to the Tribunal under section 109 in relation to the complaint
is pending.

(2) Within 60 days after receiving the Commissioner's notice declining to
entertain a complaint, the complainant, by written notice, may require the
Commissioner to refer the complaint to the Tribunal for hearing under Division
7.

(3) The Commissioner must comply with a notice under subsection (2).



(4) If the complainant does not notify the Commissioner under subsection (2),
the Commissioner may dismiss the complaint and the complainant may take no
further action under this Act in relation to the subject matter of the
complaint.

(5) As soon as possible after a dismissal under subsection (4), the
Commissioner must, by written notice, notify the complainant and the
respondent of the dismissal.



(6) The Commissioner may, by notice in writing given to the complainant and
the respondent, extend the period of 60 days referred to in subsection (1) by
a period not exceeding 10 days if the Commissioner considers it necessary or
desirable to do so in the interests of justice or fairness.







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