Queensland Consolidated Acts

ANTI-DISCRIMINATION ACT 1991 - SECT 168A

168A Complaint may lapse if dealt with elsewhere

(1) This section applies if after a complaint is accepted and before it is referred to the tribunal, the commissioner reasonably considers the act or omission the subject of the complaint—

(a) has been adequately dealt with by another entity; or

(b) may be effectively or conveniently dealt with by another entity.

(2) The commissioner may give the complainant a notice (a
"show cause notice" ) inviting the complainant to show cause why the complaint should not lapse.

(3) A show cause notice must—

(a) be in writing; and

(b) state that the complaint may lapse unless the complainant is able to show to the commissioner’s satisfaction that the act or omission that is the subject of the complaint has not been adequately dealt with, or may not be effectively or conveniently dealt with, by another entity; and

(c) state that if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and

(d) state that the complainant may, within 28 days after receipt of the notice, make written representations to the commissioner about why the complaint should not lapse.

(4) If, after considering any submissions made within the show cause period, the commissioner reasonably considers either of the following applies, the commissioner must give the complainant written notice that the complaint has lapsed—

(a) the act or omission the subject of the complaint has been adequately dealt with by another entity;

(b) the act or omission the subject of the complaint may be more effectively or conveniently dealt with by another entity.

(5) If the commissioner gives the complainant a notice under subsection (4) —

(a) the complaint lapses; and

(b) the complainant can not make a further complaint relating to the act or omission the subject of the complaint.