(1) The Commissioner
may take part in proceedings under this Act with a view to enforcing or
protecting the rights under this Act of a party to a long-stay agreement (the
original party ) if —
(a) the
Commissioner is satisfied that there is a cause of action and that it is in
the public interest to take part in the proceedings; and
(b) the
Commissioner has obtained the written consent of both the original party and
the Minister; and
(c) if
the long-stay agreement has ended — the original party made a complaint
to the Commissioner within 3 months after the day on which it ended.
(2) For the purposes
of subsection (1), the Commissioner may —
(a)
institute proceedings on behalf of the original party; or
(b)
defend any proceedings brought against the original party; or
(c)
assume the conduct of proceedings that have already been commenced by or
against the original party.
(3) The original party
cannot withdraw their consent without the consent of the Commissioner.
(4) The Minister may
make their consent subject to conditions.
[Section 79 amended: No. 28 of 2020 s. 71.]