89BAcceptance or declining of complaints by the President

89B Acceptance or declining of complaints by the President

89B Acceptance or declining of complaints by the President

(1) The President is to determine whether or not a complaint made to the President is to be accepted or declined, in whole or in part.

(2) The President may decline a complaint if—

(a) no part of the conduct complained of could amount to a contravention of a provision of this Act or the regulations, or

(b) the whole or part of the conduct complained of occurred more than 12 months before the making of the complaint, or

(c) the conduct complained of could amount to a contravention of a provision of this Act for which a specific penalty is imposed, or

(d) in the case of a vilification complaint, it fails to satisfy the requirements of section 88, or

(e) the President is not satisfied that the complaint was made by or on behalf of the complainant named in the complaint.

(3) The President is to give notice of a decision to accept or decline a complaint to—

(a) the person who made the complaint, and

(b) if the respondent has been given notice of the complaint, the respondent,

so far as is reasonably practicable, within 28 days after the decision is made.

(4) A decision under this section to decline a complaint in whole or in part is not reviewable by the Tribunal.

s 89B: Ins 1989 No 48, Sch 1 (4). Am 1994 No 28, Sch 4 (28); 1996 No 22, Sch 1 [6]; 1997 No 9, Sch 1 [32]. Subst 2004 No 79, Sch 1 [3]. Am 2018 No 32, Sch 2 [5].