Document ID: chunk:federal_register_of_legislation:C2004A03367:body:0:p17
Version: federal_register_of_legislation:C2004A03367
Segment Type: other
Provision Reference: 
Character Range: 40674–43489

application of a party to an inquiry at any time after the lodgement of the complaint into which that inquiry is held, make an interim determination of such a nature as would, if it were binding and conclusive upon the parties, preserve—
     (a) the status quo between the parties to the complaint; or
     (b) the rights of the parties to the complaint,
pending completion of the matter the subject of the complaint.
"(2) An interim determination under sub-section (1) is not binding or conclusive between any of the parties to the determination.

Determination or other decision of the Commission
"25z. (1) After holding an inquiry, the Commission may—
     (a) dismiss the complaint the subject of the inquiry; or
     (b) find the complaint substantiated and make a determination, which may include any one or more of the following:
        (i) a declaration that the respondent has engaged in conduct rendered unlawful by this Act and should not repeat or continue such unlawful conduct;
        (ii) a declaration that the respondent should perform any reasonable act or course of conduct to redress any loss or damage suffered by the complainant;

        (iii) a declaration that the respondent should employ or reemploy the complainant;
        (iv) except where the complaint was dealt with as a representative complaint—a declaration that the respondent should pay to the complainant damages by way of compensation for any loss or damage suffered by reason of the conduct of the respondent;
        (v) a declaration that the respondent should promote the complainant;
        (vi) a declaration that the termination of a contract or agreement should be varied to redress any loss or damage suffered by the complainant;
        (vii) a declaration that it would be inappropriate for any further action to be taken in the matter.
"(2) A determination of the Commission under sub-section (1) is not binding or conclusive between any of the parties to the determination.
"(3) The Commission may, in the making of a determination under subsection (1), state any findings of fact upon which the determination is based.
"(4) The damage referred to in paragraph (1) (b) includes injury to the complainant's feelings or humiliation suffered by the complainant.

Proceedings in Federal Court
"25za. (1) The Commission or complainant may institute a proceeding in the Federal Court for an order to enforce a determination made pursuant to sub-section 25y (1) or 25z (1).
"(2) Where the Federal Court is satisfied that the respondent has engaged in conduct or committed an act that is unlawful under this Act, the Federal Court may make such orders (including a declaration of right) as the Federal Court thinks fit.
"(3) Orders made by the Federal Court under sub-section (2) may give effect to a determination of