Victorian Repealed Acts

This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 131

Tribunal may make interim orders before hearing

131. Tribunal may make interim orders before hearing



(1) A complainant or the Commissioner may apply to the Tribunal for an interim
order to prevent any party to the complaint from acting in a manner
prejudicial to negotiations or conciliation or to any decision or order the
Tribunal might subsequently make.

(2) An application may be made at any time before the complaint is referred to
the Tribunal or before an application for leave is made under section 23A of
the Racial and Religious Tolerance Act 2001.

(3) In making an interim order, the Tribunal must have regard to-

   (a)  whether or not the complainant has established a prima facie case with
        respect to the complaint; and

   (b)  any possible detriment or advantage to the public interest in making
        the order; and

   (c)  any possible detriment to the complainant's case if the order is not
        made.

(4) An interim order applies for the period, not exceeding 28 days, specified
in it and may be extended from time to time by the Tribunal.

(5) The party against whom the interim order is sought is a party to the
proceeding on an application under subsection (1).





(6) Nothing in this section affects or takes away from the Tribunal's power
under section 123 of the Victorian Civil and Administrative Tribunal Act 1998
to make orders of an interim nature in a proceeding in the Tribunal in respect
of a complaint.



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Division 7-Jurisdiction of the Tribunal