New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 87B

87B Complaints made on behalf of others

(1) When a complaint is made on behalf of another person or persons (
"the other complainants" )--

(a) the person who makes the complaint is, for the purposes of this Division, taken to have the same rights, obligations and interests with respect to the investigation, conciliation or referral of the complaint as the other complainants, and

(b) the complaint is, for the purposes of this Part, taken to have been made by the other complainants on their own behalf.

(2) In respect of a complaint made wholly or partly on behalf of another person or persons (not including a complaint made on behalf of a person who lacks legal capacity), the President may require--

(a) the person or persons on whose behalf the complaint is made to show that the complaint has been made with his, her or their consent, or

(b) the person or persons making the complaint to prove that he, she or they have authority to act at all times in the complaint handling process,

or both.

(3) In respect of a complaint made wholly or partly on behalf of another person or persons (including a complaint made on behalf of a person who lacks legal capacity), if at any time the President is not satisfied that the person who made the complaint is acting in the best interests of the person or persons on whose behalf the complaint was made or retains the confidence of that person or those persons, the President may (without limiting section 92)--

(a) appoint another person to act in that behalf, or

(b) decline the complaint.

The regulations may make provision for or with respect to matters that may be taken into consideration by the President in making a decision under this subsection.

(4) On declining a complaint under subsection (3) (b), the President is to advise the complainant, by notice in writing, of--

(a) the declining of the complaint, and

(b) the rights of the complainant under section 93A.

(5) This section does not apply to a complaint made by--

(a) an agent, or

(b) a representative body.