Queensland Consolidated Acts

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ANTI-DISCRIMINATION ACT 1991 - SECT 164A

164A Right of complainant to seek referral to tribunal after conciliation conference

(1) This section applies if—

(a) a conciliation conference has been held under division 3 in relation to a complaint; and
(b) the complaint has not been resolved by conciliation.

(2) The complainant may give the commissioner a written notice requiring the commissioner to refer the complaint to the tribunal.

(3) The commissioner must promptly—

(a) refer the complaint to the tribunal; and
(b) give the respondent a copy of the complaint.

(4) However the commissioner is not required to act under subsection (3) if the commissioner decides to act under section 168 in relation to the complaint.

(5) If the complainant acts under subsection (2), sections 165 to 167 stop applying in relation to the complaint.

(6) The complainant is the applicant for the purposes of the QCAT Act.



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