35Reports to contain recommendations

#### 35 Reports to contain recommendations (1) Where, after an examination of an enactment or proposed enactment, the Commission finds that the enactment has, or the proposed enactment would have, the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation, the Commission shall include in its report to the Minister relating to the results of the examination any recommendations by the Commission for amendment of the enactment or proposed enactment to ensure that the enactment does not have, or the proposed enactment would not have, the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. (2) Where, after an inquiry into an act done or practice engaged in by a person, the Commission finds that the act or practice constitutes discrimination, the Commission: (a) shall serve notice in writing on the person setting out its findings and the reasons for those findings; (b) may include in the notice any recommendations by the Commission for preventing a repetition of the act or a continuation of the practice; (c) may include in the notice any recommendation by the Commission for either or both of the following: (i) the payment of compensation to, or in respect of, a person who has suffered loss or damage as a result of the act or practice; (ii) the taking of other action to remedy or reduce loss or damage suffered by a person as a result of the act or practice; (d) shall include in any report to the Minister relating to the results of the inquiry particulars of any recommendations that it has made pursuant to paragraph (b) or (c); (e) shall state in that report whether, to the knowledge of the Commission, the person has taken or is taking any action as a result of the findings, and recommendations (if any), of the Commission and, if the person has taken or is taking any such action, the nature of that action; and (f) shall serve a copy of that report on the person and, if a complaint was made to the Commission in relation to the act or practice: (i) where the complaint was made by a person affected by the act or practice—shall serve a copy of that report on the complainant; or (ii) if the complaint was made by another person—may serve a copy of that report on the complainant. (3) Where: (a) a complaint is made to the Commission in relation to an act or practice; and (b) after an inquiry into the act or practice, the Commission finds that: (i) the existence of the act or practice has not been established; or (ii) the act or practice does not constitute discrimination; the Commission shall give a copy of a report setting out its findings, and the reasons for those findings, to the complainant and: (c) in a case to which subparagraph (b)(i) applies—to the person alleged to have done the act or engaged in the practice; or (d) in a case to which subparagraph (b)(ii) applies—to the person who did the act or engaged in the practice. (4) In setting out findings and reasons in a notice to be served or a report to be given under this section the Commission may exclude any matter if the Commission considers it desirable to do so having regard to any of the matters mentioned in subsection 14(5) and to the obligations of the Commission under subsection 14(6). (5) Where, under subsection (4), the Commission excludes any matter from a report, the Commission shall prepare a report setting out the excluded matter and its reasons for excluding the matter and shall furnish the report to the Minister.