10Complaints made on behalf of others under section 9(1)(a) or (b)

10 Complaints made on behalf of others under section 9(1)(a) or (b)

10 Complaints made on behalf of others under section 9(1)(a) or (b)

(1) If a complaint is made on behalf of another individual (the other complainant) under section 9(1)(a) or (b)—

(a) the individual who makes the complaint is, for this division, taken to have the same rights, obligations and interests in relation to the investigation, conciliation or referral of the complaint as the other complainant, and

(b) the complaint is, for this part, taken to have been made by the other complainant on the complainant’s own behalf.

(2) For a complaint made wholly or partly on behalf of another individual, other than a complaint made on behalf of an individual who lacks legal capacity, the President may require—

(a) the individual on whose behalf the complaint is made to show that the complaint has been made with the individual’s consent, or

(b) the individual making the complaint to prove the individual has authority to act at all times in the complaint-handling process.

(3) For a complaint made wholly or partly on behalf of another individual, including a complaint made on behalf of an individual who lacks legal capacity, if at any time the President is not satisfied the individual who made the complaint is acting in the best interests of the individual or retains the confidence of the individual on whose behalf the complaint was made, the President may—

(a) appoint another individual to act in that behalf, or

(b) decline the complaint.

(4) The regulations may provide for matters that may be taken into consideration by the President in making a decision under subsection (3).

(5) If the President declines a complaint under subsection (3)(b), the President must advise the complainant, by written notice—

(a) that the complaint has been declined, and

(b) of the complainant’s rights under section 27.