Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p13
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 31560–34400

which this Division applies that is made under section 25Y, the agency must comply with the determination.

"(2) If a Commonwealth agency is the respondent to a determination to which this Division applies that is made under section 25Z:

  (a) the agency must not repeat or continue conduct that is covered
SCHEDULE—continued

     by a declaration included in the determination under subparagraph 25Z(1)(b)(i); and

     (b) the agency must perform the act or course of conduct that is covered by a declaration included in the determination under subparagraph 25Z(1)(b)(ii), (iii), (v) or (vi).

Obligations of principal executive of agency

"25ZF.(1) If the principal executive of a Commonwealth agency is the respondent to a determination to which this Division applies that is made under section 25Y, the principal executive must take all such steps as are reasonably within his or her power to ensure:

     (a)     that the terms of the determination are brought to the notice of all members, officers and employees of the agency whose duties are such that they may engage in conduct of the kind to which the determination relates; and

   (b)     that the determination is complied with.

"(2) If the principal executive of a Commonwealth agency is the respondent to a determination to which this Division applies that is made under section 25Z, the principal executive must take all such steps as are reasonably within his or her power to ensure:

    (a)     that the terms of the determination are brought to the notice of all members, officers and employees of the agency whose duties are such that they may engage in conduct of the kind to which the determination relates; and

    (b)     that no member, officer or employee of the agency repeats or continues conduct that is covered by a declaration included in the determination under subparagraph 25Z(1)(b)(i); and

    (c)     the performance of any act or course of conduct that is covered by a declaration included in the determination under subparagraph 25Z(1)(b)(ii), (iii), (v) or (vi).

Damages

"25ZG.(1) If a determination to which this Division applies that is made under section 25Z includes a declaration that the respondent should pay damages to the complainant, the complainant is entitled to be paid the amount specified in the declaration.

"(2) If the respondent is a Commonwealth agency that has the capacity to sue and be sued, the amount is recoverable as a debt due by the agency to the complainant. In any other case, the amount is recoverable as a debt due by the Commonwealth to the complainant.

  "(3) In this section:

'complainant', in relation to a representative complaint, means a class member.
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Review of determinations regarding damages

"25ZH.(1) Application may be made to the Administrative Appeals Tribunal for review