Victorian Repealed Acts

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This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 109

Respondent may apply to Tribunal to strike out complaint or any part of complaint

109. Respondent may apply to Tribunal to strike out complaint or any part of
complaint



(1) A respondent may apply in writing to the Tribunal to have a complaint or
any part of it struck out on the grounds that it is frivolous, vexatious,
misconceived or lacking in substance.

(2) The application may be made at any time-





   (a)  before the respondent has been given a notice to attend under section
        114(2)(a) or has otherwise been notified by the Commissioner of a date
        for conciliation; or

   (b)  after the conciliation has been completed but before the complaint has
        been referred to the Tribunal1.

(3) The Tribunal must begin to hear the application within 14 days after
receiving it and must determine it as expeditiously as possible.

(4) The complainant is a party to a proceeding on an application under
subsection (1).



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