Commonwealth Numbered Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 32

32. (1) Subject to sub-sections (2) and (3), the Commission shall perform the
functions referred to in paragraph 31 (b) when-

   (a)  the Commission is requested to do so by the Minister;

   (b)  a complaint is made in writing to the Commission alleging that an act
        or practice constitutes discrimination; or

   (c)  it appears to the Commission to be desirable to do so.

(2) The Commission shall not inquire into an act or practice, or, if the
Commission has commenced to inquire into an act or practice, shall not
continue to inquire into the act or practice, if the Commission is satisfied
that the subject matter of the complaint is dealt with under a prescribed
enactment or a prescribed State enactment.

(3) The Commission may decide not to inquire into an act or practice, or, if
the Commission has commenced to inquire into an act or practice, may decide
not to continue to inquire into the act or practice, if-

   (a)  the Commission is satisfied that the act or practice does not
        constitute discrimination;

   (b)  the Commission is satisfied that the person aggrieved by the act or
        practice does not desire that the inquiry be held or continued; or

   (c)  in a case where a complaint has been made to the Commission in
        relation to the act or practice-

        (i)    the complaint was made more than 12 months after the act was
               done or after the last occasion when an act was done pursuant
               to the practice;

        (ii)   the Commission is of the opinion that the complaint is
               frivolous, vexatious, misconceived or lacking in substance;

        (iii)  where some other remedy has been sought in relation to the
               subject matter of the complaint - the Commission is of the
               opinion that the subject matter of the complaint has been
               adequately dealt with;

        (iv)   the Commission is of the opinion that some other more
               appropriate remedy in relation to the subject matter of the
               complaint is reasonably available to the complaintant;

        (v)    where the subject matter of the complaint has already been
               dealt with by the Commission or by another statutory authority
               - the Commission is of the opinion that the subject matter of
               the complaint has been adequately dealt with; or

        (vi)   the Commission is of the opinion that the subject matter of the
               complaint could be more effectively or conveniently dealt with
               by another statutory authority.