Queensland Consolidated Acts

ANTI-DISCRIMINATION ACT 1991 - SECT 166

166 Complainant may obtain referral of unconciliated complaint

(1) Within 28 days of being notified that the complaint can not be resolved by conciliation, a complainant may, by written notice, require the commissioner to refer the complaint to—

(a) if the complaint is or includes a work-related matter—the industrial relations commission; or

(b) otherwise—QCAT.

Note—

If the complaint includes a work-related matter and a matter other than a work-related matter, the complaint must be referred to the industrial relations commission. However, the commission may transfer the complaint to QCAT under section 193A .

(2) The commissioner may extend the time limit if—

(a) the complainant asks the commissioner, in writing, for an extension within the 28 days; and

(b) the commissioner considers that there are reasonable grounds for the request; and

(c) the commissioner considers that the extension will not cause undue hardship to the respondent.

(3) If the complainant asks for the extension, the day the complainant asks for the extension, the day the complainant is given written notice of the commissioner’s decision about the extension and any period between those days, is not included in the period mentioned in subsection (1) within which the complaint may be referred to the tribunal.

(4) However, if the complainant asks for the extension on the last day of the period mentioned in subsection (1) and the extension is subsequently refused, the complainant may require the commissioner to refer the complaint to the tribunal by making a written request on the day the complainant receives written notice of the refusal or on the next day that is a business day.

(5) The complainant is the applicant for the purposes of the relevant tribunal Act.