QLDIn ForceAct
Anti-Discrimination Act 1991
sec.146Who may make representative complaint
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### sec.146 Who may make representative complaint
A person may make a complaint about an alleged contravention of the Act as a representative complaint on behalf of a class of persons of which the person is a member if—
all members of the class may make a complaint under section 134 (1) (a) about the alleged contravention; and
all of the complaints the members of the class may make under section 134 (1) (a) about the alleged contravention—
relate to, or arise out of, conduct of the same person; and
relate to, or arise out of, the same, similar or related circumstances; and
give rise to a substantial common issue of law or fact.
Also, a registered employee organisation may make a representative complaint about an alleged contravention of the Act as a representative complaint on behalf of a class of persons if—
all members of the class are members of the organisation; and
the alleged contravention is a work-related matter; and
subsection (1) (a) and (b) apply in relation to the members of the class.
A complaint may be made under subsection (1) or (2) on behalf of a class of persons without the consent of the members of the class.
s 146 sub 2024 No. 47 s 31
(sec.146-ssec.1) A person may make a complaint about an alleged contravention of the Act as a representative complaint on behalf of a class of persons of which the person is a member if— all members of the class may make a complaint under section 134 (1) (a) about the alleged contravention; and all of the complaints the members of the class may make under section 134 (1) (a) about the alleged contravention— relate to, or arise out of, conduct of the same person; and relate to, or arise out of, the same, similar or related circumstances; and give rise to a substantial common issue of law or fact.
(sec.146-ssec.2) Also, a registered employee organisation may make a representative complaint about an alleged contravention of the Act as a representative complaint on behalf of a class of persons if— all members of the class are members of the organisation; and the alleged contravention is a work-related matter; and subsection (1) (a) and (b) apply in relation to the members of the class.
(sec.146-ssec.3) A complaint may be made under subsection (1) or (2) on behalf of a class of persons without the consent of the members of the class.
- (a) all members of the class may make a complaint under section 134 (1) (a) about the alleged contravention; and
- (b) all of the complaints the members of the class may make under section 134 (1) (a) about the alleged contravention— (i) relate to, or arise out of, conduct of the same person; and (ii) relate to, or arise out of, the same, similar or related circumstances; and (iii) give rise to a substantial common issue of law or fact.
- (i) relate to, or arise out of, conduct of the same person; and
- (ii) relate to, or arise out of, the same, similar or related circumstances; and
- (iii) give rise to a substantial common issue of law or fact.
- (i) relate to, or arise out of, conduct of the same person; and
- (ii) relate to, or arise out of, the same, similar or related circumstances; and
- (iii) give rise to a substantial common issue of law or fact.
- (a) all members of the class are members of the organisation; and
- (b) the alleged contravention is a work-related matter; and
- (c) subsection (1) (a) and (b) apply in relation to the members of the class.