The Commission’s powers to terminate a complaint occur after investigation, that is after further discussion with the complainant and, generally, after receiving comment and other relevant information from the respondent. Section 46PH provides that the President may terminate a complaint on the following basis: 46PH Termination of complaint (1) The President may terminate a complaint on any of the following grounds: (a) the President is satisfied that the alleged unlawful discrimination is not unlawful discrimination; (b) the complaint was lodged more than 12 months after the alleged unlawful discrimination took place; (c) the President is satisfied that the complaint was trivial, vexatious, misconceived or lacking in substance; (d) in a case where some other remedy has been sought in relation to the subject matter of the complaint—the President is satisfied that the subject matter of the complaint has been adequately dealt with; (e) the President is satisfied that some other more appropriate remedy in relation to the subject matter of the complaint is reasonably available to each affected person; (f) in a case where the subject matter of the complaint has already been dealt with by the Commission or by another statutory authority—the President is satisfied that the subject matter of the complaint has been adequately dealt with; (g) the President is satisfied that the subject matter of the complaint could be more effectively or conveniently dealt with by another statutory authority; (h) the President is satisfied that the subject matter of the complaint involves an issue of public importance that should be considered by the Federal Court or the Federal Circuit Court; (i) the President is satisfied that there is no reasonable prospect of the matter being settled by conciliation. Section 46PH provides both subjective and objective bases on which the President may terminate a complaint. Some of the grounds outlined in Section 46PH require the President to form an opinion and, if it is assessed that those circumstances exist, she or he may terminate the complaint. The Commission does not have the power to determine that unlawful discrimination has occurred. It only has the capacity to attempt to resolve the matter through conciliation. If the complaint is not resolved or is discontinued for some other reason, the complainant may make an application to the Federal Magistrates Court or the Federal Court of Australia to have the matter considered.
The Commission’s powers to terminate a complaint occur after investigation, that is after further discussion with the complainant and, generally, after receiving comment and other relevant information from the respondent. Section 46PH provides that the President may terminate a complaint on the following basis: 46PH Termination of complaint (1) The President may terminate a complaint on any of the following grounds: (a) the President is satisfied that the alleged unlawful discrimination is not unlawful discrimination; (b) the complaint was lodged more than 12 months after the alleged unlawful discrimination took place; (c) the President is satisfied that the complaint was trivial, vexatious, misconceived or lacking in substance; (d) in a case where some other remedy has been sought in relation to the subject matter of the complaint—the President is satisfied that the subject matter of the complaint has been adequately dealt with; (e) the President is satisfied that some other more appropriate remedy in relation to the subject matter of the complaint is reasonably available to each affected person; (f) in a case where the subject matter of the complaint has already been dealt with by the Commission or by another statutory authority—the President is satisfied that the subject matter of the complaint has been adequately dealt with; (g) the President is satisfied that the subject matter of the complaint could be more effectively or conveniently dealt with by another statutory authority; (h) the President is satisfied that the subject matter of the complaint involves an issue of public importance that should be considered by the Federal Court or the Federal Circuit Court; (i) the President is satisfied that there is no reasonable prospect of the matter being settled by conciliation. Section 46PH provides both subjective and objective bases on which the President may terminate a complaint. Some of the grounds outlined in Section 46PH require the President to form an opinion and, if it is assessed that those circumstances exist, she or he may terminate the complaint. The Commission does not have the power to determine that unlawful discrimination has occurred. It only has the capacity to attempt to resolve the matter through conciliation. If the complaint is not resolved or is discontinued for some other reason, the complainant may make an application to the Federal Magistrates Court or the Federal Court of Australia to have the matter considered.
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