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DISABILITY DISCRIMINATION ACT 1992 No. 135 of 1992 - SECT 90
Matters to be considered in determination of representative complaints
90.(1) The Commission must not deal with a complaint as a representative
complaint unless it is satisfied that the complaint was made on behalf of
persons other than the complainant in good faith.
(2) In considering whether a complaint was made on behalf of persons other
than the complainant in good faith, the Commission must satisfy itself:
(a) that:
(i) the class is so numerous that joinder of all its members is
impractical; and
(ii) there are questions of law or fact common to all members of the
class; and
(iii) the claims of the complainant are typical of the claims of the
class; and
(iv) multiple complainants would be likely to produce varying
determinations that could have incompatible or inconsistent
results for the individual members of the class; and
(v) the respondent has acted on grounds apparently applying to the
class as a whole, thereby making relief appropriate for the
class as a whole; or
(b) that, assuming that the requirements of paragraph (a) have not been
satisfied, the justice of the case demands that the matter be dealt
with and a remedy provided by means of representative complaint.
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