78Referral for inquiry

78 Referral for inquiry

(1)  [Section 78 Subsection (1) amended by No. 18 of 2021, s. 12, Applied:05 Nov 2021] The Commissioner or an authorised person is to refer to the Tribunal a complaint for inquiry if the Commissioner or authorised person –

(a) believes the complaint cannot be resolved by conciliation; or

(b) has attempted to resolve the complaint by conciliation but has not been successful; or

(c) believes that the nature of the complaint is such that it should be referred for inquiry.

(2)  [Section 78 Subsection (2) amended by No. 18 of 2021, s. 12, Applied:05 Nov 2021] The Commissioner or an authorised person is to refer a complaint to the Tribunal within 6 months after notification under section 67 or within any further period agreed with the complainant, regardless of whether the investigation of the complaint has been completed.

(3)  The Commissioner or an authorised person is to notify the respondent of any further period agreed under subsection (2) .

(4)  [Section 78 Subsection (4) inserted by No. 42 of 2013, s. 29, Applied:01 Jan 2014] The Commissioner may decline to refer a complaint to the Tribunal and dismiss the complaint if the complainant has, in the opinion of the Commissioner, failed to pursue the complaint or the resolution of the complaint.