Queensland Consolidated Acts

ANTI-DISCRIMINATION ACT 1991 - SECT 147

147 Criteria for determining whether prima facie representative complaint

(1) The commissioner may deal with a complaint as a representative complaint if the commissioner is satisfied that—

(a) the complainant is a member of a class of people, the members of which have been affected, or are reasonably likely to be affected by, the respondent’s conduct; and

(b) the complainant has been affected by the respondent’s conduct; and

(c) the class is so numerous that joinder of all of its members is impracticable; and

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

(e) the material allegations in the complaint are the same as, or similar or related to, the material allegations in relation to the other members of the class; and

(f) the respondent has acted on grounds apparently applying to the class as a whole.

(2) If the commissioner is satisfied that—

(a) the complaint is made in good faith as a representative complaint; and

(b) the justice of the case demands that the matter be dealt with by means of a representative complaint;

the commissioner may deal with the complaint as a representative complaint even if the criteria set out in subsection (1) have not been satisfied.