Commonwealth Numbered Acts

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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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