South Australian Current Acts South Australian Current Acts (1) A complaint
alleging that a person has acted in contravention of this Act may be
made—
(a) by a
person aggrieved by the act;
(b) by a
person aggrieved by the act, on behalf of himself or herself and any other
person aggrieved by the act;
(c) if a
person aggrieved by the act is a child or has an intellectual
disability—by a person who is, in the opinion of the Commissioner, a
suitable representative of the interests of the aggrieved person.
(1a) A person cannot
make a complaint pursuant to subsection (1)(b) on behalf of some other
person unless that other person has consented in writing to the making of the
complaint.
(1b) A person who
consents to a complaint being made on his or her behalf is bound by any
decision or order made on the complaint.
(1c) A
complaint—
(a) must
be in writing and set out the details of the alleged contravention; and
(b) must
be lodged with the Commissioner.
(2) A complaint must
be lodged—
(a) if
the alleged contravention is constituted of a series of acts—within
12 months of the last of those acts;
(b) in
any other case—within 12 months of the date on which the contravention
is alleged to have been committed.
(2a) The Commissioner
may, on application, extend the time for lodging a complaint, even if the time
for lodging the complaint has expired, if the Commissioner is satisfied—
(a) that
there is good reason why the complaint was not made within the stipulated time
period; and
(b) that
in all the circumstances it is just and equitable to do so.
(2b) If the
Commissioner decides to refuse an application to extend the time for lodging a
complaint, the Commissioner must give the applicant notice in writing of the
decision and of the applicant's right to have the decision reviewed.
(2c) A complaint
alleging that a student enrolled in a course of secondary education has
committed an act of sexual harassment or victimisation against a fellow
student of the educational institution at which the student is enrolled may
not be lodged unless the complainant satisfies the Commissioner that the
complainant has made a reasonable attempt to resolve the matter through
procedures available at the institution or that there is good reason for not
doing so.
(3) On a complaint
being lodged under this section, the Commissioner must cause a written summary
of the particulars of the complaint to be served on the respondent named in
the complaint.
(4) Despite any other
provision of this Act, if the Commissioner becomes aware that—
(a) a
criminal investigation is being conducted in relation to a matter that is the
subject of a complaint; or
(b) a
person has been or is to be charged with a criminal offence in relation to a
matter that is the subject of a complaint,
the Commissioner may not proceed to investigate or otherwise deal with the
complaint under this Act, or to attempt to resolve the subject matter of the
complaint by conciliation, until the criminal investigation has been completed
or the proceedings for the offence have been disposed of, withdrawn or
permanently stayed.