86Hearing by Tribunal

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.