42Order or other decision of Tribunal

42 Order or other decision of Tribunal

42 Order or other decision of Tribunal

(1) In proceedings relating to a complaint, the Tribunal may—

(a) dismiss the complaint in whole or in part, or

(b) find the complaint substantiated in whole or in part.

(2) If the Tribunal finds the complaint substantiated in whole or in part, the Tribunal may do any one or more of the following—

(a) except for a matter referred to the Tribunal under section 33(2)—order the respondent to pay the complainant damages not exceeding $100,000 by way of compensation for any loss or damage suffered because of the respondent’s conduct,

(b) make an order enjoining the respondent from continuing or repeating any conduct that is unlawful under this Act,

(c) except for a representative complaint or a matter referred to the Tribunal under section 33(2)—order the respondent to perform any reasonable act or course of conduct to redress any loss or damage suffered by the complainant,

(d) order the respondent to publish an apology or a retraction in relation to the matter that is the subject of the complaint and, as part of the order, give directions about the time, form, extent and way of publishing the apology or retraction,

(e) make an order declaring void in whole or in part specified in the order a contract or agreement made in contravention of this Act,

(f) decline to take any further action in the matter.

(3) An order of the Tribunal may extend to conduct of the respondent that affects individuals other than the complainant if the Tribunal, having regard to the circumstances of the case, considers the extension is appropriate.

(4) The power of the Tribunal to award damages to a complainant is taken, for a complaint lodged by a representative body, to be a power to award damages to the individual on behalf of whom the complaint is made and not to include a power to award damages to the representative body.

(5) In making an order for damages about a complaint made on behalf of an individual, the Tribunal may make the order the Tribunal thinks fit about the application of damages for the benefit of the individual.