26Death of complainant or respondent does not terminate complaint

26 Death of complainant or respondent does not terminate complaint

26 Death of complainant or respondent does not terminate complaint

(1) If a complainant dies before the complainant’s complaint is finally determined, the complaint survives and the legal personal representative of the complainant—

(a) may continue the carriage of the complaint, including any referral, review or appeal, and

(b) the estate of the complainant is entitled to the benefit of any monetary sum ordered to be paid by the respondent in relation to the complaint.

(2) If a respondent dies before a complaint against the respondent is finally determined—

(a) the complainant may continue to pursue the complaint, including any referral, review or appeal, and

(b) any monetary sum ordered to be paid in relation to the complaint is payable from the estate of the respondent.