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Public Interest Disclosure Act 2010
sec.44Complaint under the Anti-Discrimination Act 1991
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### sec.44 Complaint under the Anti-Discrimination Act 1991
A person may make a complaint under the Anti-Discrimination Act 1991 about a reprisal.
The complaint may be dealt with under the Anti-Discrimination Act 1991 , chapters 6 and 7 as if the complaint were about an alleged contravention of the Anti-Discrimination Act 1991 .
However—
if a person commences proceedings in a court under section 42 in relation to a reprisal, the person can not subsequently make a complaint under the Anti-Discrimination Act 1991 about the reprisal; and
if the person makes a complaint under the Anti-Discrimination Act 1991 about a reprisal and the complaint is accepted under that Act, the person can not subsequently commence proceedings under section 42 in relation to the reprisal.
A complaint under the Anti-Discrimination Act 1991 about a reprisal may be made even if a prosecution in relation to the reprisal has not been brought, or can not be brought, under section 41 .
(sec.44-ssec.1) A person may make a complaint under the Anti-Discrimination Act 1991 about a reprisal.
(sec.44-ssec.2) The complaint may be dealt with under the Anti-Discrimination Act 1991 , chapters 6 and 7 as if the complaint were about an alleged contravention of the Anti-Discrimination Act 1991 .
(sec.44-ssec.3) However— if a person commences proceedings in a court under section 42 in relation to a reprisal, the person can not subsequently make a complaint under the Anti-Discrimination Act 1991 about the reprisal; and if the person makes a complaint under the Anti-Discrimination Act 1991 about a reprisal and the complaint is accepted under that Act, the person can not subsequently commence proceedings under section 42 in relation to the reprisal.
(sec.44-ssec.4) A complaint under the Anti-Discrimination Act 1991 about a reprisal may be made even if a prosecution in relation to the reprisal has not been brought, or can not be brought, under section 41 .
- (a) if a person commences proceedings in a court under section 42 in relation to a reprisal, the person can not subsequently make a complaint under the Anti-Discrimination Act 1991 about the reprisal; and
- (b) if the person makes a complaint under the Anti-Discrimination Act 1991 about a reprisal and the complaint is accepted under that Act, the person can not subsequently commence proceedings under section 42 in relation to the reprisal.