QLDIn ForceAct
Anti-Discrimination Act 1991
sec.169Complaint may lapse if complainant loses interest
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### sec.169 Complaint may lapse if complainant loses interest
If the commissioner is of the reasonable opinion that a complainant has lost interest in continuing with a complaint, the commissioner must tell the complainant in writing that—
the complaint will lapse unless the complainant indicates that the complainant wishes to continue with it; and
if the complaint lapses, the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.
If the complainant does not give the indication within 28 days, the complaint lapses, and the commissioner must write to the complainant and the respondent as soon as practicable to tell them that the complaint has lapsed.
Within 28 days of being notified that the complaint has lapsed, the complainant may apply to the tribunal to review the commissioner’s decision.
If the tribunal is satisfied that the complainant has a genuine interest in continuing with the complaint, the commissioner must resume dealing with the complaint.
The complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.
s 169 amd 2013 No. 35 s 12
(sec.169-ssec.1) If the commissioner is of the reasonable opinion that a complainant has lost interest in continuing with a complaint, the commissioner must tell the complainant in writing that— the complaint will lapse unless the complainant indicates that the complainant wishes to continue with it; and if the complaint lapses, the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.
(sec.169-ssec.2) If the complainant does not give the indication within 28 days, the complaint lapses, and the commissioner must write to the complainant and the respondent as soon as practicable to tell them that the complaint has lapsed.
(sec.169-ssec.3) Within 28 days of being notified that the complaint has lapsed, the complainant may apply to the tribunal to review the commissioner’s decision.
(sec.169-ssec.4) If the tribunal is satisfied that the complainant has a genuine interest in continuing with the complaint, the commissioner must resume dealing with the complaint.
(sec.169-ssec.5) The complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.
- (a) the complaint will lapse unless the complainant indicates that the complainant wishes to continue with it; and
- (b) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.