Document ID: chunk:federal_register_of_legislation:C2004A03367:body:0:p14
Version: federal_register_of_legislation:C2004A03367
Segment Type: other
Provision Reference: 
Character Range: 33187–36020

appear at an inquiry to assist the Commission.
"(2) Counsel assisting the Commission at an inquiry pursuant to arrangements made under sub-section (1) shall, in relation to that inquiry, be subject to the control and direction of the Commission.

Determination of representative complaints
"25l. At an inquiry held in respect of a complaint that appears to the Commission to be a representative complaint, the Commission shall determine, as a preliminary matter, whether that complaint should be dealt with as a representative complaint.

Matters to be considered in determination of representative complaints
"25m. (1) The Commission shall not deal with a complaint as a representative complaint unless it is satisfied that the complaint was made on behalf of persons other than the complainant in good faith.
"(2) In considering whether a complaint was made on behalf of persons other than the complainant in good faith, the Commission shall satisfy itself—
     (a) that—
        (i) the complainant is a member of a class of persons, the members of which class have been affected, or may reasonably be likely to be affected, by the conduct of the respondent;
        (ii) the complainant has in fact been affected by the conduct of the respondent;
        (iii) the class is so numerous that joinder of all its members is impracticable;
        (iv) there are questions of law or fact common to all members of the class;
        (v) the claims of the complainant are typical of the claims of the class;
        (vi) multiple complaints would be likely to produce varying determinations that could have incompatible or inconsistent results for the individual members of the class; and

        (vii) the respondent has acted on grounds apparently applying to the class as a whole, thereby making relief appropriate for the class as a whole; or
     (b) that, notwithstanding that the requirements of paragraph (a) have not been satisfied, the justice of the case demands that the matter be dealt with and a remedy provided by means of a representative complaint.

Amendment of representative complaints
"25n. (1) Where the Commission is satisfied that a complaint could be dealt with as a representative complaint if the class of persons on whose behalf that complaint is lodged is increased, reduced or otherwise altered, the Commission may amend the complaint so that the complaint can be dealt with as a representative complaint.
"(2) Where the Commission is satisfied that a complaint has been wrongly made as a representative complaint, the Commission may amend the complaint by removing the names of the persons or the description of the class of persons on whose behalf the complaint was lodged so that the complaint can be dealt with as a complaint other than a representative complaint.

Ordinary complaints not precluded