Explanatory Statement Justice Legislation Amendment Bill 2015 (Serial 119)
Tabled paper 1282
Tabled papers for 12th Assembly 2012 - 2016; Tabled papers; ParliamentNT
Tabled by Johan Elferink
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
5 The term reject is replaced throughout the Act with the word decline. Clause 13. Sections 66A, 66B, 66C, 66D, 66E and 66F inserted Clause 13 inserts new provisions following section 66 of the Anti-Discrimination Act. The insertion of sections 66A, 66B, 66C, 66D, 66E and 66F provide for processes relevant to the Commissioner accepting or declining a complaint. New section 66A provides that the Commissioner must assess a complaint before making a decision as to whether the complaint should be accepted or declined under section 66. New section 66B allows the Commissioner to seek a response from a respondent, after notifying the complainant; if the Commissioner believes the complaint may be resolved by the information received from the respondent; or if there are other reasons to request information from the respondent in assessing whether to accept or decline a complaint. New section 66C provides that, if the Commissioner accepts a complaint, he or she must notify the respondent of the substance of the complaint as soon as practicable. This replaces current section 70 of the Anti-Discrimination Act. New section 66D replaces current section 69 and requires the Commissioner to provide the complainant with written reasons if a complaint is declined under section 66. It also prevents the complainant from making another complaint in relation to the same conduct. This section is being moved to section 66D to allow the provisions relating to the declining of complaints to flow more clearly. New section 66E allows the Commissioner to decline a complaint at any time where it is believed that no further action can be taken. The purpose of the section is to allow the Commissioner to close a complaint in circumstances such as the respondent has gone into liquidation, the Commissioner is unable to contact the respondent or the complainant, the complainant or respondent has died since the complaint was made, the complainant has not co-operated with the Commissioner in relation to the complaint. These matters otherwise remain open though they cannot be progressed.
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