Document ID: chunk:federal_register_of_legislation:C2024C00645:section:46pf:p1
Version: federal_register_of_legislation:C2024C00645
Segment Type: section
Provision Reference: s 46PF (pt 1/2)
Character Range: 132485–135240

46PF  Inquiry by President
 (1) Subject to subsections (1A) and (5), if a complaint is referred to the President under section 46PD, the President must:
 (a) consider whether to inquire into the complaint, having regard to the matters referred to in section 46PH; and
 (b) if the President is of the opinion that the complaint should be terminated—terminate the complaint without inquiry; and
 (c) unless the President terminates the complaint under paragraph (b) or section 46PH—inquire into the complaint and attempt to conciliate the complaint.
 (1A) For the purposes of paragraph (1)(a), the President may inform himself or herself of such facts and circumstances as are necessary to form the opinion referred to in paragraph (1)(b).
 (1B) If the President terminates the complaint under paragraph (1)(b), the President must comply with the notification requirements of subsections 46PH(2), (2A) and (3).
 (2) If the President thinks that 2 or more complaints arise out of the same or substantially the same circumstances or subject, the President may hold a single inquiry, or conduct a single conciliation, in relation to those complaints.
 (3) With the leave of the President, any complainant or respondent may amend the complaint to add, as a respondent, a person who is alleged to have done the alleged acts, omissions or practices.
Note: In some cases, a person is regarded as having done acts or omissions by being treated as responsible for the acts and omissions of another person. See sections 56 and 57 of the Age Discrimination Act 2004, sections 122 and 123 of the Disability Discrimination Act 1992, sections 18A and 18E of the Racial Discrimination Act 1975 and sections 105, 106 and 107 of the Sex Discrimination Act 1984.
 (4) A complaint cannot be amended after it is terminated by the President under paragraph (1)(b) or section 46PH.
 (5) The President may decide not to inquire into the complaint, or, if the President has started inquiring into the complaint, may decide not to continue to inquire into the complaint, if:
 (a) the President is satisfied that the person aggrieved by the alleged acts, omissions or practices does not want the President to inquire, or to continue to inquire, into the complaint; or
 (b) the President is satisfied that the complaint has been settled or resolved.
 (6) The President must act fairly to:
 (a) the complainant or complainants; and
 (b) the respondent;
in dealing with the complaint in accordance with this section.
 (7) If the President has decided to inquire into a complaint, the President:
 (a) must notify the complaint to the respondent, unless the President is satisfied that notification would be likely to prejudice the safety of a person; and
 (b) if the complaint is amended