Document ID: chunk:federal_register_of_legislation:C2025C00055:section:38a
Version: federal_register_of_legislation:C2025C00055
Segment Type: section
Provision Reference: s 38A
Character Range: 395228–396603

38A  Commissioner may determine that a complaint is not to continue as a representative complaint
 (1) The Commissioner may, on application by the respondent or on his or her own initiative, determine that a complaint should no longer continue as a representative complaint.
 (2) The Commissioner may only make such a determination if the Commissioner is satisfied that it is in the interests of justice to do so for any of the following reasons:
 (a) the costs that would be incurred if the complaint were to continue as a representative complaint are likely to exceed the costs that would be incurred if each class member lodged a separate complaint;
 (b) the representative complaint will not provide an efficient and effective means of dealing with the complaints of the class members;
 (c) the complaint was not brought in good faith as a representative complaint;
 (d) it is otherwise inappropriate that the complaints be pursued by means of a representative complaint.
 (3) If the Commissioner makes such a determination:
 (a) the complaint may be continued as a complaint by the complainant on his or her own behalf against the respondent; and
 (b) on the application of a person who was a class member for the purposes of the former representative complaint, the Commissioner may join that person as a complainant to the complaint as continued under paragraph (a).