This legislation has been repealed.
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.