Commonwealth Numbered Acts

DISABILITY DISCRIMINATION ACT 1992 No. 135 of 1992 - SECT 101

101.(1) If a complaint is referred to the President under subsection 71(5),
the President may, without holding an inquiry, dismiss the complaint if:

   (a)  the President thinks the complaint is trivial, vexatious,
        misconceived, lacking in substance or stale; or

   (b)  the President is satisfied that the complaint relates to an act that
        is not unlawful under a provision of Part 2; or

   (c)  in a case where some other remedy has been sought in relation to the
        subject matter of the complaint - the President thinks that the
        subject matter of the complaint has been adequately dealt with; or

   (d)  the President thinks that some other appropriate remedy in relation to
        the subject matter of the complaint is reasonably available to the
        person aggrieved by the act; or

   (e)  in a case where the subject matter of the complaint has already been
        dealt with by the Commission or by another statutory authority - the
        President thinks that the subject matter of the complaint has been
        adequately dealt with; or

   (f)  the President thinks that the subject matter of the complaint could be
        more effectively or conveniently dealt with by another statutory
        authority.

(2) If the President does not dismiss a complaint referred to him or her under
subsection (1), the President must refer the complaint to the Commissioner for
the Commissioner to continue to inquire into the act under section 71.

(3) For the purposes of subsection (1), a complaint is stale in a case where
the complaint has been made to the Commission in relation to an act (other
than an act to which Division 4 of Part 2 applies) if a period of more than 12
months has elapsed since the act was done and the complaint was made to the
Commission.