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ANTI-DISCRIMINATION ACT 1991 - SECT 143
Respondent is to be notified of accepted complaint
143 Respondent is to be notified of accepted complaint
(1) If a complaint is accepted, the commissioner must promptly notify the
respondent in writing of the substance of the complaint.
(2) The notice to
the respondent must also state the following— (a) the complainant’s
address for service;
(b) that the respondent must advise the commissioner of
the respondent’s address for service;
(c) that the respondent may give a
written response to the allegations included in the complaint;
(d) that
within 28 days after the respondent receives the notice, the respondent must,
if giving a written response— (i) give the written response to the
commissioner; and
(ii) give a copy of the written response to the complainant
and any other respondent;
(e) that the respondent must include, with the
written response given to the commissioner, advice as to whether it has been
given to the complainant and any other respondent;
(f) that the respondent
may ask the commissioner for an early conciliation conference whether or not
the respondent gives a written response;
(g) that if the respondent does not,
within the 28 days mentioned in paragraph (d) , give the commissioner a
written response or ask the commission to arrange for an early conciliation
conference, a conciliation conference will be held on a date stated in the
notice.
(2A) The respondent must advise the commissioner in writing of the
respondent’s address for service.
(2B) If the respondent is giving a
written response, the respondent must also— (a) give the written response to
the commissioner and give a copy of the written response to the complainant
and any other respondent; and
(b) advise the commissioner whether the written
response, or a copy of the written response, has been given to the complainant
and any other respondent.
(3) If the respondent does not, within the 28 days
mentioned in subsection (2) (d) , give the commissioner a written response or
ask the commission to arrange for an early conciliation conference, the notice
has effect as a direction under section 159 (1) to the respondent to take part
in a conciliation conference on the date stated in the notice under subsection
(2) (g) .
(4) The giving of the notice to the respondent does not stop the
commissioner from exercising, at any time, the commissioner’s power under
section 159 (1) to direct the complainant and the respondent to take part in a
conciliation conference— (a) whether or not the 28 days mentioned in
subsection (2) (d) has expired; and
(b) whether or not the commissioner has
received any communication from the respondent.
(5) The stated date for
subsection (2) (g) must be not more than 14 days after the 28 days mentioned
in subsection (2) (d) .
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