Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p3
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 5374–8291

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 Commission may join that person as a complainant to the complaint as continued under paragraph (a).
SCHEDULE—continued

Additional rules applying to the determination of representative complaints

"90A.(1) The Commission may, on application by a class member, replace the complainant with another class member, where it appears to the Commission that the complainant is not able adequately to represent the interests of the class members.

"(2) A class member may, by notice in writing to the Commission, withdraw from a representative complaint at any time before the Commission begins to hold an inquiry into the complaint.

"(3) The Commission may at any stage direct that notice of any matter be given to a class member or class members.".

Subsection 91(2):

  Omit.

Section 92:

  Repeal the section, substitute:

Class member for representative complaint not entitled to lodge individual complaint

"92. A person who is a class member for a representative complaint is not entitled to lodge a complaint in respect of the same subject matter.".

Paragraph 98(1)(c):

  Add "and" at the end.

Subsection 98(1):

  Add at the end:

     "(d) may give such directions as to procedure as it considers are appropriate or necessary to ensure that justice is done.".

Section 102:

  Add at the end:

"(3) A reference in this section (other than the first reference) to a party includes a reference to a class member in the case of a representative complaint.".

Subparagraph 103(1)(b)(iv):

Omit "if the complaint was not dealt with as a representative complaint—".
SCHEDULE—continued

Subsection 103(5):

  Omit the subsection, substitute:

"(5) A determination by the Commission under subparagraph (1)(b)(iv) on a representative complaint:

    (a)     may provide for payment of specified amounts or of amounts worked out in a manner specified by the Commission; and

    (b)     if it provides for payment in accordance with paragraph (a), must make provision for the payment of the money to the complainants concerned.

"(6) If the Commission makes a determination under subparagraph (1)(b)(iv) on a representative complaint, the Commission may give such directions (if any) as it 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 of a class member to the payment.

  "(7) In this section:

'complainant', in relation to a representative complaint, means the class members.".

Section 104:

  Repeal the section, substitute:

Determination must identify the class members who are to be affected by the