sec.164ARight of complainant to seek referral to tribunal after conciliation conference

### sec.164A Right of complainant to seek referral to tribunal after conciliation conference This section applies if— a conciliation conference has been held under division 3 in relation to a complaint; and the complaint has not been resolved by conciliation. The complainant may give the commissioner a written notice requiring the commissioner to refer the complaint to— if the complaint is or includes a work-related matter—the industrial relations commission; or otherwise—QCAT. If the complaint includes a work-related matter and a matter other than a work-related matter, the complaint must be referred to the industrial relations commission. However, the commission may transfer the complaint to QCAT under section 193A . The commissioner must promptly— refer the complaint to the tribunal; and give the respondent a copy of the complaint. However the commissioner is not required to act under subsection (3) if the commissioner decides to act under section 168 in relation to the complaint. If the commissioner has, under section 141A (2) , deferred deciding whether or not to accept the complaint under section 138 (2) to the extent it relates to an out-of-time contravention, the commissioner must make that decision before acting under subsection (3) . If the complainant acts under subsection (2) , sections 165 to 167 stop applying in relation to the complaint. The complainant is the applicant for the purposes of the relevant tribunal Act. s 164A ins 2002 No. 74 s 31 amd 2009 No. 24 s 1334 ; 2016 No. 63 s 1096 ; 2020 No. 15 s 13 (sec.164A-ssec.1) This section applies if— a conciliation conference has been held under division 3 in relation to a complaint; and the complaint has not been resolved by conciliation. (sec.164A-ssec.2) The complainant may give the commissioner a written notice requiring the commissioner to refer the complaint to— if the complaint is or includes a work-related matter—the industrial relations commission; or otherwise—QCAT. If the complaint includes a work-related matter and a matter other than a work-related matter, the complaint must be referred to the industrial relations commission. However, the commission may transfer the complaint to QCAT under section 193A . (sec.164A-ssec.3) The commissioner must promptly— refer the complaint to the tribunal; and give the respondent a copy of the complaint. (sec.164A-ssec.4) However the commissioner is not required to act under subsection (3) if the commissioner decides to act under section 168 in relation to the complaint. (sec.164A-ssec.5) If the commissioner has, under section 141A (2) , deferred deciding whether or not to accept the complaint under section 138 (2) to the extent it relates to an out-of-time contravention, the commissioner must make that decision before acting under subsection (3) . (sec.164A-ssec.6) If the complainant acts under subsection (2) , sections 165 to 167 stop applying in relation to the complaint. (sec.164A-ssec.7) The complainant is the applicant for the purposes of the relevant tribunal Act. - (a) a conciliation conference has been held under division 3 in relation to a complaint; and - (b) the complaint has not been resolved by conciliation. - (a) if the complaint is or includes a work-related matter—the industrial relations commission; or - (b) otherwise—QCAT. - (a) refer the complaint to the tribunal; and - (b) give the respondent a copy of the complaint.