46PHTermination of complaint

#### 46PH Termination of complaint Discretionary termination of complaint (1) The President may terminate a complaint on any of the following grounds: (a) the President is satisfied that the alleged acts, omissions or practices are not unlawful discrimination; (b) the complaint was lodged more than 24 months after the alleged acts, omissions or practices took place; (c) the President is satisfied, having regard to all the circumstances, that an inquiry, or the continuation of an inquiry, into the complaint is not warranted; (d) in a case where some other remedy has been sought in relation to the subject matter of the complaint—the President is satisfied that the subject matter of the complaint has been adequately dealt with; (e) the President is satisfied that some other more appropriate remedy in relation to the subject matter of the complaint is reasonably available to each affected person; (f) in a case where the subject matter of the complaint has already been dealt with by the Commission or by another statutory authority—the President is satisfied that the subject matter of the complaint has been adequately dealt with; (g) the President is satisfied that the subject matter of the complaint could be more effectively or conveniently dealt with by another statutory authority; (h) the President is satisfied that the subject matter of the complaint involves an issue of public importance that should be considered by the Federal Court or the Federal Circuit and Family Court of Australia (Division 2). > Note: An act, omission or practice may not be unlawful discrimination because an exemption applies (for example, section 18D of the Racial Discrimination Act 1975). Accordingly, consideration by the President of the question of whether an act, omission or practice is not unlawful discrimination will involve consideration of whether an exemption applies. (1A) A complaint may be terminated under subsection (1) at any time, even if an inquiry into the complaint has begun. Mandatory termination of complaint (1B) The President must terminate a complaint if the President is satisfied that: (a) the complaint is trivial, vexatious, misconceived or lacking in substance; or (b) there is no reasonable prospect of the matter being settled by conciliation. (1C) The President must terminate a complaint if the President is satisfied that there would be no reasonable prospect that the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) would be satisfied that the alleged acts, omissions or practices are unlawful discrimination. (1D) A complaint may be terminated under subsection (1B) or (1C) at any time, even if an inquiry into the complaint has begun. Notification (2) If the President terminates a complaint, the President must notify the complainants in writing of the termination and of the reasons for the termination. (2A) A notice under subsection (2) must include a statement explaining that the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) can award costs in proceedings under section 46PO in certain circumstances. (3) On request by an affected person who is not a complainant, the President must give the affected person a copy of the notice that was given to the complainants under subsection (2). Revocation (4) The President may revoke the termination of a complaint, but not after an application is made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under section 46PO in relation to the complaint.