Document ID: chunk:federal_register_of_legislation:C2004A04664:schedule:4:p9
Version: federal_register_of_legislation:C2004A04664
Segment Type: schedule
Provision Reference: sch 4 (pt 9/13)
Character Range: 36601–39412

the Principal Act is renumbered as section 114D.

PART 8—AMENDMENTS OF THE SEX DISCRIMINATION ACT 1984

Principal Act

55. In this Part, "Principal Act" means the Sex Discrimination Act 19847.

Insertion of new sections

56. After section 50B of the Principal Act the following sections are inserted:

Referral of discriminatory determinations to the Remuneration Tribunal

"50C.(1) A complaint in writing alleging that a person has done a discriminatory act under a determination may be lodged with the Commission by:

    (a) a person aggrieved by the act, on that person's own behalf or on behalf of that person and one or more other persons aggrieved by the act; or

    (b) 2 or more persons aggrieved by the act, on their own behalf or on behalf of themselves and one or more other persons aggrieved by the act; or

    (c) a person or persons who are in a class of persons aggrieved by the act, on behalf of all the persons in the class.

"(2) If the Commission receives a complaint under this section, the Commission must notify the Commissioner accordingly.

"(3) If it appears to the Commissioner that the act is a discriminatory act, the Commissioner must refer the determination to the Remuneration Tribunal. However, the Commissioner need not refer the determination if the Commissioner is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance.

"(4) If the Commissioner decides not to refer the determination, the Commissioner must give notice in writing of that decision to the complainant or each of the complainants, together with notice of the reasons for the decision and of the rights conferred by subsection (5).

"(5) A complainant who receives a notice under subsection (4) may, within 21 days after receipt, give a notice in writing to the Commissioner requiring the Commissioner to refer the decision to the President.

"(6) If the Commissioner receives a notice under subsection (5), the Commissioner must refer the decision to the President together with a report about the decision.

"(7) If the Commissioner refers the determination to the Remuneration Tribunal, the Commissioner must give notice in writing of the outcome of the referral to the complainant or each of the complainants.

"(8) The Commissioner may obtain documents or information under section 54 for the purposes of this section.

  "(9) In this section:

'determination' means:

     (a) a determination made after the commencement of this section by the Remuneration Tribunal under the Remuneration Tribunal Act 1973; or

     (b) a variation made after that commencement by that Tribunal to a determination made by it under that Act before that commencement;

'discriminatory act under a determination' means an act that would be unlawful under Part II except for the