Queensland Consolidated Acts

ANTI-DISCRIMINATION ACT 1991 - SECT 168

168 Frivolous etc. complaint lapses

(1) This section applies if, at any time after a complaint is accepted and before it is referred to the tribunal, the commissioner is of the reasonable opinion that the complaint is—

(a) frivolous, trivial or vexatious; or

(b) misconceived or lacking in substance.

(2) The commissioner must tell the complainant in writing that, unless the complainant is able to show to the commissioner’s satisfaction within 28 days that the complaint is not frivolous, trivial, vexatious, misconceived or lacking in substance—

(a) the complaint will lapse; and

(b) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.

(3) If, at the end of 28 days, the commissioner is of the reasonable opinion that the complaint is—

(a) frivolous, trivial or vexatious; or

(b) misconceived or lacking in substance;

the commissioner must write to the complainant and respondent as soon as practicable to tell them that the complaint has lapsed.

(4) The complaint then lapses, and the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.