Document ID: chunk:federal_register_of_legislation:C2024C00645:section:46pf:p2
Version: federal_register_of_legislation:C2024C00645
Segment Type: section
Provision Reference: s 46PF (pt 2/2)
Character Range: 134997–137369

decided to inquire into a complaint, the President:
 (a) must notify the complaint to the respondent, unless the President is satisfied that notification would be likely to prejudice the safety of a person; and
 (b) if the complaint is amended under subsection (3) by adding a respondent—must notify the complaint to that respondent, unless the President is satisfied that notification would be likely to prejudice the safety of a person; and
 (c) if any person (other than the respondent) is the subject of an adverse allegation arising from the complaint—must notify the person of the adverse allegation, unless the President is satisfied:
 (i) that notification would be likely to prejudice the safety of a person; or
 (ii) that it is not practicable to do so; and
 (d) may notify the complaint to any person who, in the opinion of the President, is likely to be able to provide information relevant to the complaint.
 (8) For the purposes of paragraphs (7)(a), (b) and (c), the President must notify the respondent or the other person, as the case may be:
 (a) under paragraph (7)(a)—as soon as the President has decided to inquire into the complaint; or
 (b) under paragraph (7)(b)—as soon as the complaint has been amended; or
 (c) under paragraph (7)(c)—as soon as the President forms the opinion that the person is the subject of an adverse allegation arising from the complaint.
 (9) For the purposes of subsections (7) and (8), adverse allegation means an allegation:
 (a) that:
 (i) one or more acts have been done; or
 (ii) one or more omissions or practices have occurred; and
 (b) that those acts, omissions or practices are unlawful discrimination.
Note: Unlawful discrimination is defined in subsection 3(1).
 (10) The President:
 (a) must, having regard to:
 (i) the nature of the complaint; and
 (ii) the needs of the complainant or complainants; and
 (iii) the needs of the respondent;
  act expeditiously in dealing with the complaint in accordance with this section; and
 (b) must use the President's best endeavours to finish dealing with the complaint within 12 months after the complaint was referred to the President under section 46PD.
 (11) Subsections (6) and (10) do not impose a duty on the President that is enforceable in court.
 (12) Subsection (11) does not affect a legally enforceable obligation to observe the rules of natural justice.