Queensland Consolidated Acts

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ANTI-DISCRIMINATION ACT 1991 - SECT 155

Requirement to initiate investigation

155 Requirement to initiate investigation

(1) The commissioner must initiate an investigation if—
(a) requested to do so by the Minister; or
(b) QCAT or the industrial relations commission becomes aware of circumstances that may constitute a contravention of the Act and refers the matter to the commissioner.
(2) The commissioner may initiate an investigation if—
(a) during the course of carrying out the commission’s functions, a possible case of a contravention of the Act against a group or class of people is discovered, the matter is of public concern and the Minister agrees; or
(b) an allegation is made that an offence against the Act has been committed; or
(c) during the course of carrying out the commission’s functions, a possible offence against the Act is discovered.
(3) In conducting an investigation, the commissioner has the same powers as the commissioner has in dealing with a complaint of a contravention of the Act .
(4) If a matter investigated under subsection (1) (a) , (1) (b) or (2) (a) can not be resolved by conciliation, the commissioner may refer the matter to the tribunal as if it were a complaint.
(5) If the commissioner refers the matter to the tribunal under subsection (4) , the commissioner is, for the purposes of the relevant tribunal Act, the applicant.
(6) This section does not apply to complaints accepted under section 141 .



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