Queensland Consolidated Acts

ANTI-DISCRIMINATION ACT 1991 - SECT 195

195 Effect of representative complaint on persons who are members of class represented

(1) A person who is a member of a class of persons to which a representative complaint before the tribunal relates—

(a) may, by giving written notice to the tribunal before the date fixed under subsection (3) , opt out of the representative complaint; and

(b) is not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) .

(2) Subsection (1) (b) is subject to section 148 (3) .

(3) The tribunal must fix a date (the
"opt-out date" ) before which a person may opt out of a representative complaint under subsection (1) .

(4) On the application of the complainant, respondent or a class member for a representative complaint, the tribunal may fix a later date as the opt-out date.

(5) Except by leave of the tribunal, the hearing of a representative complaint must not start earlier than the opt-out date.