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Anti-discrimination Act 1992
86Hearing by Tribunal
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86 Hearing by Tribunal
(1) After evaluating a complaint under section 83, the Commissioner
may refer the complaint to the Tribunal if the Commissioner
believes the complaint has a reasonable prospect of success at a
hearing by the Tribunal.
(2) The Commissioner must, within 28 days of deciding whether to
refer the complaint under subsection (1), give the complainant and
respondent to the complaint written notice of:
(a) the decision; and
(b) reasons for the decision; and
(c) if the Commissioner decides not to refer the complaint – the
fact that the complainant may apply under subsection (4) to
have the complaint heard by the Tribunal.
(3) If the Commissioner refers the complaint to the Tribunal, the
Commissioner must determine the parties to the complaint.
(4) If the Commissioner decides not to refer the complaint, the
complainant may, within 21 days after receiving the written notice,
apply to have the complaint heard by the Tribunal.