Victorian Repealed Acts

This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 117

What happens if conciliation fails or is inappropriate?

117. What happens if conciliation fails or is inappropriate?



(1) If the Commissioner-

   (a)  does not consider it reasonably possible that a complaint may be
        conciliated successfully; or

   (b)  has attempted unsuccessfully to conciliate the complaint-

he or she must notify the complainant and the respondent in writing.

(2) Within 60 days after receiving a notice under subsection (1), 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 from the complainant 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.