New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 93B

93B Referral of unresolved complaints to Tribunal after 18 months

(1) If a complaint has not been declined, terminated or otherwise resolved within 18 months after the date on which it was made, a party to the complaint may request the President by notice in writing to refer the complaint to the Tribunal.

(2) On receipt of the notice, the President must give notice in writing to all the other parties to the complaint of the request.

(3) If, within 28 days after the President gives notice to all the other parties, no party has objected to referral of the complaint, the President is to refer the complaint to the Tribunal.

(4) If the complainant objects to the referral of the complaint, the President must not refer the complaint to the Tribunal, but may, if satisfied that there is no reasonable prospect of a conciliated agreement, terminate the complaint.

(5) If the respondent objects to the referral of the complaint, the President is to refer the complaint to the Tribunal, unless satisfied that there are reasonable prospects of a conciliated agreement.