Queensland Consolidated Acts

ANTI-DISCRIMINATION ACT 1991 - SECT 167

167 Complainant or respondent may seek referral after 6 months

(1) If the commissioner has not finished dealing with a complaint 6 months after informing the complainant and the respondent that the complaint has been accepted, either the complainant or the respondent may, by written notice, request 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 defer acting on a request for up to 28 days, if there is a significant prospect that the matter can be resolved by conciliation within that period.

(3) If the matter is not resolved at the end of 28 days, the procedures in subsection (4) or (5) apply.

(4) If the respondent requests the commissioner to refer the complaint—

(a) the commissioner must ask the complainant whether the complainant agrees to the complaint being referred; and

(b) if the complainant agrees in writing—the commissioner must refer the complaint to the tribunal; and

(c) if the complainant does not agree in writing within 28 days—the complaint lapses, and the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint; and

(d) the commissioner may extend the 28 day period, but only if the complainant asks, in writing, for an extension before the 28 days have passed.

(5) If the complainant requests the commissioner in writing, to refer the complaint, the commissioner must comply.

(6) If the commissioner refers the complaint to the tribunal, the commissioner must promptly give the respondent a copy of the complaint.

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