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ANTI-DISCRIMINATION ACT 1991 - SECT 147

Criteria for determining whether prima facie representative complaint

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.



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