If the President--
(a) is of the opinion that a complaint cannot be resolved by conciliation, or
(b) has endeavoured to resolve a complaint by conciliation but has not been successful in his or her endeavours, or
(c) is of the opinion that the nature of a complaint is such that it should be referred to the Tribunal, or
(d) is satisfied that all parties wish the complaint to be referred to the Tribunal and that it is appropriate in the circumstances to do so,the President is to refer the complaint to the Tribunal.
Note--: The President may also refer a complaint to the Tribunal under section 90B (5).