Document ID: chunk:federal_register_of_legislation:C2006C00643:clause:4_50e:p1
Version: federal_register_of_legislation:C2006C00643
Segment Type: clause
Provision Reference: sch 4 cl 50E (pt 1/2)
Character Range: 20281–23029

50E  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 that 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 Commissioner accordingly.

 (3) If it appears to the Commissioner that the act is a discriminatory act, the Commissioner must refer the determination to the Defence Force Remuneration Tribunal. However, the Commissioner need not refer the determination if the Commissioner is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance.

 (4) If the Commissioner decides not to refer the determination, the Commissioner 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 and of the rights conferred by subsection (5).

 (5) A complainant who receives a notice under subsection (4) may, within 21 days after receipt, give a notice in writing to the Commissioner requiring the Commissioner to refer the decision to the President.

 (6) If the Commissioner receives a notice under subsection (5), the Commissioner must refer the decision to the President together with a report about the decision.

 (7) If the Commissioner refers the determination to the Defence Force Remuneration Tribunal, the Commissioner must give notice in writing of the outcome of the referral to the complainant or each of the complainants.

 (8) The Commissioner may obtain documents or information under section 54 for the purposes of this section.

 (9) In this section:

determination means:
 (a) a determination made after the commencement of this section by the Defence Force Remuneration Tribunal under section 58H of the Defence Act 1903; or
 (b) a variation made after that commencement by that Tribunal to a determination made by it under that section before that commencement.

discriminatory act under a determination means an act that would be unlawful under Part II except for the fact that the act was done in direct compliance with a determination.

 (10) For the purposes of the definition of discriminatory act under a determination in subsection (9), the fact that an act is done in