Queensland Consolidated Acts

ANTI-DISCRIMINATION ACT 1991 - SECT 170

170 Complainant may withdraw complaint

(1) This section applies if a complainant gives the commissioner written notice that the complainant does not want to continue with the complaint.

(2) The commissioner must—

(a) give the complainant a written notice stating that—

(i) the complaint will lapse at the end of 28 days after the notice is given (the
"relevant period" ) unless the complainant gives the commissioner another written notice (a
"continuation notice" ) that the complainant intends to continue with the complaint; and

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

(b) cease dealing with the complaint.

(3) If the complainant gives the commissioner a continuation notice within the relevant period, the commissioner must resume dealing with the complaint.

(4) If the complainant does not give the commissioner a continuation notice within the relevant period—

(a) the complaint lapses on the day after the relevant period ends; and

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

(5) If a complaint lapses under subsection (4) , the commissioner must, as soon as practicable after the lapse, give the respondent written notice the complaint has lapsed.