Document ID: chunk:federal_register_of_legislation:C2025C00055:section:52:p2
Version: federal_register_of_legislation:C2025C00055
Segment Type: section
Provision Reference: s 52 (pt 2/3)
Character Range: 426288–429152

more of those individuals are entitled to a specified amount by way of compensation for any loss or damage suffered by reason of the act or practice;
 (e) a declaration that it would be inappropriate for any further action to be taken in the matter.
 (1AAA) Without limiting subparagraph (1)(b)(ia) or paragraph (1A)(b), the steps specified by the Commissioner may include a requirement for the respondent to:
 (a) engage, in consultation with the Commissioner, a suitably qualified independent adviser to review:
 (i) the acts or practices engaged in by the respondent that were the subject of the complaint; and
 (ii) the steps (if any) taken by the respondent to ensure that the conduct referred to in the determination is not repeated or continued; and
 (iii) any other matter specified in the declaration that is relevant to those acts or practices, or that complaint; and
 (b) provide a copy of the review to the Commissioner.
 (1AA) The steps specified by the Commissioner under subparagraph (1)(b)(ia) or paragraph (1A)(b) must be reasonable and appropriate.
 (1AB) The loss or damage referred to in paragraph (1)(b) or subsection (1A) includes:
 (a) injury to the feelings of the complainant or individual; and
 (b) humiliation suffered by the complainant or individual.
 (1B) A determination of the Commissioner under subsection (1) or (1A) is not binding or conclusive between any of the parties to the determination.
 (2) The Commissioner shall, in a determination, state any findings of fact upon which the determination is based.
 (3) In a determination under paragraph (1)(a) or (b) (other than a determination made on a representative complaint), the Commissioner may include a declaration that the complainant is entitled to a specified amount to reimburse the complainant for expenses reasonably incurred by the complainant in connection with the making of the complaint and the investigation of the complaint.
 (3A) A determination under paragraph (1)(b) or subsection (1A) may include any order that the Commissioner considers necessary or appropriate.
 (4) A determination by the Commissioner under subparagraph (1)(b)(iii) on a representative complaint:
 (a) may provide for payment of specified amounts or of amounts worked out in a manner specified by the Commissioner; and
 (b) if the Commissioner provides for payment in accordance with paragraph (a), must make provision for the payment of the money to the complainants concerned.
 (5) If the Commissioner makes a determination under subparagraph (1)(b)(iii) on a representative complaint, the Commissioner may give such directions (if any) as he or she thinks just in relation to:
 (a) the manner in which a class member is to establish his or her entitlement to the payment of an amount under the determination; and
 (b) the manner for determining any dispute regarding the entitlement