QLDIn ForceAct
Anti-Discrimination Act 1991
sec.195Effect of representative complaint on persons who are members of class represented
Start here
Get a plain-English read of sec.195
Turn the raw legal text into a practical explanation grounded in Anti-Discrimination Act 1991.
### sec.195 Effect of representative complaint on persons who are members of class represented
A person who is a member of a class of persons to which a representative complaint before the tribunal relates—
may, by giving written notice to the tribunal before the date fixed under subsection (3) , opt out of the representative complaint; and
is not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) .
Subsection (1) (b) is subject to section 148 (3) .
The tribunal must fix a date (the opt-out date ) before which a person may opt out of a representative complaint under subsection (1) .
On the application of the complainant, respondent or a class member for a representative complaint, the tribunal may fix a later date as the opt-out date.
Except by leave of the tribunal, the hearing of a representative complaint must not start earlier than the opt-out date.
s 195 sub 2024 No. 47 s 47
(sec.195-ssec.1) A person who is a member of a class of persons to which a representative complaint before the tribunal relates— may, by giving written notice to the tribunal before the date fixed under subsection (3) , opt out of the representative complaint; and is not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) .
(sec.195-ssec.2) Subsection (1) (b) is subject to section 148 (3) .
(sec.195-ssec.3) The tribunal must fix a date (the opt-out date ) before which a person may opt out of a representative complaint under subsection (1) .
(sec.195-ssec.4) On the application of the complainant, respondent or a class member for a representative complaint, the tribunal may fix a later date as the opt-out date.
(sec.195-ssec.5) Except by leave of the tribunal, the hearing of a representative complaint must not start earlier than the opt-out date.
- (a) may, by giving written notice to the tribunal before the date fixed under subsection (3) , opt out of the representative complaint; and
- (b) is not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) .