Document ID: chunk:federal_register_of_legislation:C2024C00645:section:46py
Version: federal_register_of_legislation:C2024C00645
Segment Type: section
Provision Reference: s 46PY
Character Range: 166335–168768

46PY  Referral of discriminatory determinations to the Defence Force Remuneration Tribunal
 (1) A complaint in writing alleging that a person has done a discriminatory act under a determination may be lodged with the Commission by:
 (a) a person aggrieved by the act, on that person's own behalf or on behalf of that person and one or more other persons aggrieved by the act; or
 (b) 2 or more persons aggrieved by the act, on their own behalf or on behalf of themselves and one or more other persons aggrieved by the act; or
 (c) a person or persons who are in a class of persons aggrieved by the act, on behalf of all the persons in the class.
 (2) If the Commission receives a complaint under this section, the Commission must notify the President accordingly.
 (3) If it appears to the President that the act is a discriminatory act, the President must refer the determination to the Defence Force Remuneration Tribunal. However, the President need not refer the determination if the President is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance.
 (4) If the President decides not to refer the determination, the President must give notice in writing of that decision to the complainant or each of the complainants, together with notice of the reasons for the decision.
 (5) If the President refers the determination to the Defence Force Remuneration Tribunal, the President must give notice in writing of the outcome of the referral to the complainant or each of the complainants.
 (6) The President may obtain documents or information under section 46PI for the purposes of this section.
 (7) In this section:
determination means:
 (a) a determination made on or after 15 January 1996 by the Defence Force Remuneration Tribunal under section 58H of the Defence Act 1903; or
 (b) a variation made on or after 15 January 1996 by that Tribunal to a determination made by it under that section before 15 January 1996.
discriminatory act under a determination means an act that would be unlawful under Part II of the Sex Discrimination Act 1984 except for the fact that the act was done in direct compliance with a determination.
 (8) For the purposes of the definition of discriminatory act under a determination in subsection (7), the fact that an act is done in direct compliance with the determination does not of itself mean that the act is reasonable.

Part III—Miscellaneous