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ANTI-DISCRIMINATION ACT 1991 - SECT 169
Complaint may lapse if complainant loses interest
169 Complaint may lapse if complainant loses interest
(1) If the commissioner is of the reasonable opinion that a complainant has
lost interest in continuing with a complaint, the commissioner must tell the
complainant in writing that— (a) the complaint will lapse unless the
complainant indicates that the complainant wishes to continue with it; 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.
(2) If
the complainant does not give the indication within 28 days, the complaint
lapses, and the commissioner must write to the complainant and the respondent
as soon as practicable to tell them that the complaint has lapsed.
(3) Within
28 days of being notified that the complaint has lapsed, the complainant may
apply to the tribunal to review the commissioner’s decision.
(4) If the
tribunal is satisfied that the complainant has a genuine interest in
continuing with the complaint, the commissioner must resume dealing with the
complaint.
(5) The complainant can not make a further complaint relating to
the act or omission that was the subject of the complaint.
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