Western Australian Current Acts Western Australian Current Acts (1) Where a person,
not being a body corporate, has made a complaint to the Commissioner in
respect of a matter to which this section applies and the Commissioner, after
investigating the complaint, is satisfied that —
(a) the
complainant may, with respect to that matter, have a right to take proceedings
before a court or the State Administrative Tribunal or a defence to
proceedings taken before a court or the State Administrative Tribunal by
another person against the complainant in respect of that matter; and
(b) it
is in the public interest that the Commissioner should take or, as the case
may be, defend those proceedings on behalf of the complainant,
the Commissioner may,
with the consent in writing of the Minister and the complainant, take or
defend those proceedings on behalf of and in the name of the complainant.
(2) Where a
complainant has given a consent to the taking or defending by the Commissioner
of proceedings before a court or the State Administrative Tribunal on behalf
of the complainant, that consent is not, after the Commissioner has taken
steps in those proceedings, revocable except with the concurrence of the
Commissioner.
(3) This section
applies to a matter arising under or in relation to —
(a) a
contract to which this Act applies; and
(b) a
regulated mortgage; and
(c) a
mortgage that comes within section 8 of the Code.
[Section 41 amended: No. 30 of 1996 s. 13; No. 55
of 2004 s. 209(2).]