Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections (1A) and (5), if a complaint is referred to the President under section 46PD, the President must:
(a) consider whether to inquire into the complaint, having regard to the matters referred to in section 46PH; and
(b) if the President is of the opinion that the complaint should be terminated--terminate the complaint without inquiry; and
(c) unless the President terminates the complaint under paragraph (b) or section 46PH--inquire into the complaint and attempt to conciliate the complaint.
(1A) For the purposes of paragraph (1)(a), the President may inform himself or herself of such facts and circumstances as are necessary to form the opinion referred to in paragraph (1)(b).
(1B) If the President terminates the complaint under paragraph (1)(b), the President must comply with the notification requirements of subsections 46PH(2), (2A) and (3).
(2) If the President thinks that 2 or more complaints arise out of the same or substantially the same circumstances or subject, the President may hold a single inquiry, or conduct a single conciliation, in relation to those complaints.
(3) With the leave of the President, any complainant or respondent may amend the complaint to add, as a respondent, a person who is alleged to have done the alleged acts, omissions or practices.
Note: In some cases, a person is regarded as having done acts or omissions by being treated as responsible for the acts and omissions of another person. See sections 56 and 57 of the Age Discrimination Act 2004 , sections 122 and 123 of the Disability Discrimination Act 1992 , sections 18A and 18E of the Racial Discrimination Act 1975 and sections 105, 106 and 107 of the Sex Discrimination Act 1984 .
(4) A complaint cannot be amended after it is terminated by the President under paragraph (1)(b) or section 46PH.
(5) The President may decide not to inquire into the complaint, or, if the President has started inquiring into the complaint, may decide not to continue to inquire into the complaint, if:
(a) the President is satisfied that the person aggrieved by the alleged acts, omissions or practices does not want the President to inquire, or to continue to inquire, into the complaint; or
(b) the President is satisfied that the complaint has been settled or resolved.
(6) The President must act fairly to:
(a) the complainant or complainants; and
(b) the respondent;
in dealing with the complaint in accordance with this section.
(7) If the President has decided to inquire into a complaint, the President:
(a) must notify the complaint to the respondent, unless the President is satisfied that notification would be likely to prejudice the safety of a person; and
(b) if the complaint is amended under subsection (3) by adding a respondent--must notify the complaint to that respondent, unless the President is satisfied that notification would be likely to prejudice the safety of a person; and
(c) if any person (other than the respondent) is the subject of an adverse allegation arising from the complaint--must notify the person of the adverse allegation, unless the President is satisfied:
(i) that notification would be likely to prejudice the safety of a person; or
(ii) that it is not practicable to do so; and
(d) may notify the complaint to any person who, in the opinion of the President, is likely to be able to provide information relevant to the complaint.
(8) For the purposes of paragraphs (7)(a), (b) and (c), the President must notify the respondent or the other person, as the case may be:
(a) under paragraph (7)(a)--as soon as the President has decided to inquire into the complaint; or
(b) under paragraph (7)(b)--as soon as the complaint has been amended; or
(c) under paragraph (7)(c)--as soon as the President forms the opinion that the person is the subject of an adverse allegation arising from the complaint.
(9) For the purposes of subsections (7) and (8), adverse allegation means an allegation:
(a) that:
(i) one or more acts have been done; or
(ii) one or more omissions or practices have occurred; and
(b) that those acts, omissions or practices are unlawful discrimination.
Note: Unlawful discrimination is defined in subsection 3(1).
(10) The President:
(a) must, having regard to:
(i) the nature of the complaint; and
(ii) the needs of the complainant or complainants; and
(iii) the needs of the respondent;
act expeditiously in dealing with the complaint in accordance with this section; and
(b) must use the President's best endeavours to finish dealing with the complaint within 12 months after the complaint was referred to the President under section 46PD.
(11) Subsections (6) and (10) do not impose a duty on the President that is enforceable in court.
(12) Subsection (11) does not affect a legally enforceable obligation to observe the rules of natural justice.