New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 101

101 Determinations with respect to representative complaints

(1) In proceedings relating to a representative complaint, the Tribunal is to determine, as a preliminary matter, whether the complaint should be dealt with as a representative complaint.

(2) The Tribunal must not permit a complaint to be dealt with as a representative complaint unless it is satisfied that the complaint is made in good faith as a representative complaint.

(3) In considering whether a complaint is made in good faith as a representative complaint, the Tribunal is to satisfy itself--

(a) that--

(i) the complainant is a member of a class of persons whose members have been affected, or may reasonably be likely to be affected, by the conduct of the respondent, and

(ii) the complainant has in fact been affected by the conduct of the respondent, and

(iii) the class is so numerous that joinder of all its members is impracticable, and

(iv) there are questions of law or fact common to all members of the class, and

(v) the claims of the complainant are typical of the claims of the class, and

(vi) multiple complaints would be likely to produce varying determinations which could have incomparable or inconsistent results for the individual members of the class, and

(vii) 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, even though the requirements of paragraph (a) are not satisfied, the justice of the case demands that the matter be dealt with and a remedy provided by means of a representative complaint.

(4) If the Tribunal is satisfied that a complaint could be dealt with as a representative complaint if the class of persons on whose behalf the complaint was made is increased, reduced or otherwise altered, the Tribunal may amend the complaint so that it can be dealt with as a representative complaint.

(5) If the Tribunal is satisfied that a complaint has been wrongly made as a representative complaint, the Tribunal may amend the complaint by removing the names of the persons or the class of persons on whose behalf the complaint was made so that it can be dealt with as a complaint other than a representative complaint.