Western Australian Consolidated Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 93

93 .         Referring complaints to Tribunal

        (1)         Without prejudice to the Commissioner’s powers under section 89, where the Commissioner — 

            (a)         is of the opinion that a complaint cannot be resolved by conciliation; or

            (b)         has endeavoured to resolve a complaint by conciliation but has not been successful in such endeavours; or

            (c)         is of the opinion that the nature of a complaint is such that it should be referred to the Tribunal,

                the Commissioner shall refer the complaint to the Tribunal together with a report relating to the investigation made by the Commissioner into the complaint.

        (2)         When a complaint is referred to the Tribunal under subsection (1), the Commissioner — 

            (a)         shall, if the complainant requests the Commissioner to do so, either personally or by counsel or representative assist the complainant in the presentation of the case of the complainant to the Tribunal; and

            (b)         may, if the complainant requests the Commissioner to do so and the Commissioner considers it appropriate in all the circumstances (including the financial circumstances of the complainant) to do so, make such contribution towards the cost of witness and other expenses as is necessary to enable the complainant to call or give, or to call and give, evidence before the Tribunal.

        (2a)         The Commissioner may, in making a contribution under subsection (2)(b), make the contribution subject to such conditions as the Commissioner thinks fit.

        (2b)         If a condition to which the making of a contribution is subjected under subsection (2a) requires the complainant to repay to the Commissioner in circumstances specified in that condition the whole or any part of the contribution made under subsection (2)(b) and those circumstances arise, the Commissioner may recover that whole or part from the complainant by action in a court of competent jurisdiction as a debt due to the Commissioner.

        (3)         Evidence of anything said or done in the course of conciliation proceedings under section 91 shall not be admissible in subsequent proceedings before the Tribunal.

        [Section 93 amended by No. 40 of 1988 s. 18; No. 74 of 1992 s. 27.]