When is the deadline for anti-discrimination complaint to the commissioner?
The catalogue records a 1 year period from The alleged contravention of the Act. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 1 year
- Trigger
- The alleged contravention of the Act
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- If a complaint is made more than 1 year after the alleged contravention, the commissioner must decide to accept it only if satisfied the complainant has shown good cause, and otherwise not to accept it (s 138(2)). If the complaint is later referred to the tribunal, the tribunal may nonetheless deal with it if it considers that, on the balance of fairness between the parties, it would be reasonable to do so (s 175(2)).
- Two gates: acceptance by the commissioner under s 138 and acceptance by the tribunal under s 175. The Act carries uncommenced amendments (2024 No. 47 ss 29, 44); verify the version in force at the relevant date.