64Rejection of complaints

64 Rejection of complaints

(1)  The Commissioner may reject any complaint if –

(a) in the opinion of the Commissioner, it is trivial, vexatious, misconceived or lacking in substance; or

(b) the complaint does not relate to discrimination or prohibited conduct; or

(c) the complainant has commenced proceedings in a commission, court or tribunal in relation to the same events, and that commission, court or tribunal may order remedies similar to those available under this Act; or

(d) a person other than the complainant has commenced proceedings in a commission, court or tribunal in relation to the same subject matter of the complaint and the Commissioner is satisfied that the subject matter may be adequately dealt with by that commission, court or tribunal; or

(e) in the opinion of the Commissioner, there is a more appropriate remedy that is reasonably available; or

(f) the subject matter of the complaint has already been adequately dealt with by the Commissioner, a State authority or a Commonwealth statutory authority; or

(g) [Section 64 Subsection (1) amended by No. 42 of 2013, s. 19, Applied:01 Jan 2014] in the opinion of the Commissioner, the subject matter of the complaint may be more effectively or conveniently dealt with by a State authority or a Commonwealth statutory authority; or

(h) [Section 64 Subsection (1) amended by No. 42 of 2013, s. 19, Applied:01 Jan 2014] in the opinion of the Commissioner, the complaint relates to conduct that is within the scope of an exemption granted under Division 11 of Part 5 .

(2)  The Commissioner is to decide whether to accept or reject a complaint within 42 days after its receipt.

(3)  The Commissioner is to notify the complainant of the decision to accept or reject the complaint as soon as practicable.