gender identity: protected section 17(1); relationship status: protected under section 17(1); family responsibilities: protected under section 17(1); parental status: protected under section 17(1); intersex: protected under section 17(1). Amending the Commissioner’s powers in section 64 to reject a complaint Section 64 provides that the Commissioner may reject a complaint (or part of a complaint) in specified circumstances. The decision to reject or part reject a complaint can be reviewed by the Anti-Discrimination Tribunal. The proposed amendments in relation to section 64 are to add two new subsections to mandate that the Commissioner must reject a complaint (or part of a complaint) if: a reasonable person, having regard to all the circumstances, would not have anticipated that the person by or in respect of whom the complaint is made would be offended, humiliated, intimidated, insulted or ridiculed by the conduct; and a reasonable person, having regard to all the circumstances, not regard the public act as constituting incitement of, or as the case may be, hatred towards, serious contempt for, or severe ridicule of the person or persons by or in respect of whom that complaint is made on whichever of the grounds referred to in section 19(a), (b), (c) and (d) is relevant to the complaint; and satisfied that, by virtue of section 55, section 17(1) does not apply to the conduct; and satisfied that, by virtue of section 55, section 19 does not apply to the conduct. Amending the Commissioner’s powers in section 71 to dismiss a complaint Section 71 of the Act provides that the Commissioner may dismiss (or part dismiss) a complaint at the completion of investigation in specified circumstances. The decision to dismiss or part dismiss a complaint can be reviewed by the Anti-Discrimination Tribunal. The proposed amendment in relation to section 71 is to add a new subsection to mandate that the Commissioner must dismiss a complaint (or part of a complaint) if: satisfied that it is a complaint that the Commissioner ought to have rejected under section 64(1A) or (1B).
gender identity: protected section 17(1); relationship status: protected under section 17(1); family responsibilities: protected under section 17(1); parental status: protected under section 17(1); intersex: protected under section 17(1). Amending the Commissioner’s powers in section 64 to reject a complaint Section 64 provides that the Commissioner may reject a complaint (or part of a complaint) in specified circumstances. The decision to reject or part reject a complaint can be reviewed by the Anti-Discrimination Tribunal. The proposed amendments in relation to section 64 are to add two new subsections to mandate that the Commissioner must reject a complaint (or part of a complaint) if: a reasonable person, having regard to all the circumstances, would not have anticipated that the person by or in respect of whom the complaint is made would be offended, humiliated, intimidated, insulted or ridiculed by the conduct; and a reasonable person, having regard to all the circumstances, not regard the public act as constituting incitement of, or as the case may be, hatred towards, serious contempt for, or severe ridicule of the person or persons by or in respect of whom that complaint is made on whichever of the grounds referred to in section 19(a), (b), (c) and (d) is relevant to the complaint; and satisfied that, by virtue of section 55, section 17(1) does not apply to the conduct; and satisfied that, by virtue of section 55, section 19 does not apply to the conduct. Amending the Commissioner’s powers in section 71 to dismiss a complaint Section 71 of the Act provides that the Commissioner may dismiss (or part dismiss) a complaint at the completion of investigation in specified circumstances. The decision to dismiss or part dismiss a complaint can be reviewed by the Anti-Discrimination Tribunal. The proposed amendment in relation to section 71 is to add a new subsection to mandate that the Commissioner must dismiss a complaint (or part of a complaint) if: satisfied that it is a complaint that the Commissioner ought to have rejected under section 64(1A) or (1B).
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