53EKinds of orders—unlawful acts under the Discrimination

53E Kinds of orders—unlawful acts under the Discrimination Act (b) the ACAT is satisfied that the respondent engaged in an (2) The ACAT must make 1 or more of the following orders: (a) that the respondent not repeat or continue the unlawful act; (b) that the respondent perform a stated reasonable act to redress any loss or damage suffered by a person because of the unlawful act; (c) unless the complaint has been dealt with as a representative complaint—that the respondent pay to a person a stated amount by way of compensation for any loss or damage suffered by the person because of the unlawful act. (3) In making an order under subsection (2) (c), the ACAT must consider— (a) the person’s right to equality before the law and the impact of the discrimination on the enjoyment of that right; and (b) the inherent dignity of all people and the impact of the discrimination on the person’s dignity; and

(c) the public interest in ensuring an appropriate balance between the right to equal and effective protection against discrimination and equality before the law without distinction or discrimination and other human rights; and (d) the nature of the discrimination; and (e) any mitigating factors. Examples—par (b)—impact of discrimination distress, humiliation, loss of self-esteem, loss of enjoyment of life Example—par (c)—other human rights freedom of expression Examples—par (d) serious or repeated discrimination, intentional or malicious discrimination, discrimination on the grounds of 2 or more protected attributes under the Discrimination Act 1991 Examples—par (e) a public apology, systemic changes to protect against further discrimination (4) The commission may, with the ACAT’s consent, intervene in a complaint to make submissions about an order under subsection (2) (c). representative complaint means a complaint that is dealt with by the commission as a representative complaint under section 71. 53EA Effect of declaration made under Children and Young People Act 2008 If a court makes a conflict declaration under the Children and Young People Act 2008, section 727AA in relation to a discrimination complaint, the ACAT must suspend dealing with the complaint until either of the following happen: (a) the court revokes the declaration;

Certain older people service complaints to ACAT Division 4.2B (b) the court proceeding in relation to which the declaration is made is finalised.