Victorian Repealed Acts

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This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 217

Dealing with complaints already lodged

217. Dealing with complaints already lodged



(1) Subject to this section, any complaint that has been lodged under section
44 of the old Act but not finally disposed of must continue to be dealt with
according to the old Act, as if the old Act had not been repealed.

(2) Any proceeding in relation to a complaint that is awaiting hearing by the
Board at the commencement of this section, or that is referred to the Board
after the commencement of this section, is to be heard by the Tribunal,
applying the provisions of the old Act, and for that purpose the Tribunal has
all the powers, functions and duties of the Board under the old Act.

(3) If-

   (a)  the Board has begun hearing a proceeding in relation to a complaint
        but has not made a final order in that proceeding; or

   (b)  the Board has made a final order in a proceeding relating to a
        complaint but, on appeal, the matter is referred back to the Board for
        a rehearing-

the proceeding or matter is to continue to be heard, or to be reheard, by the
Board as if this Act had not been enacted.

(4) For the purpose of subsection (3) the Board continues in existence until
all proceedings in relation to the complaint, including any appeals from an
order of the Board, any re-hearings as a result of such appeals and any action
to enforce an order of the Board, have been completed.

(5) If any difficulty arises in any proceeding or matter because of the
operation of this section, the President of the Board or Tribunal (as the case
may be) may make any order he or she considers appropriate to resolve the
difficulty.

(6) The President may make such an order on the application of any party to
the proceeding or matter, or on his or her own initiative.



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