Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p2
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 2743–5615

means a complaint where the persons on whose behalf the complaint was made include persons other than the complainant, but does not include:

    (a)     a complaint made under paragraph 69(1)(c) on behalf of only one person; or

    (b)     a complaint that the Commission has determined should no longer be continued as a representative complaint;".

After subsection 69(1):

  Insert:

"(1A) In the case of a representative complaint, this section has effect subject to section 89.".

Sections 89 and 90:

  Repeal the sections, substitute:

Conditions for making a representative complaint

"89.(1) A representative complaint may be lodged under section 69 only if:

    (a)     the class members have complaints against the same person; and

    (b)     all the complaints are in respect of, or arise out of, the same, similar or related circumstances; and
SCHEDULE—continued

     (c) all the complaints give rise to a substantial common issue of law or fact.

  "(2) A representative complaint under section 69 must:

  (a)     describe or otherwise identify the class members; and

    (b)     specify the nature of the complaints made on behalf of the class members; and

  (c)     specify the nature of the relief sought; and

    (d)     specify the questions of law or fact that are common to the complaints of the class members.

In describing or otherwise identifying the class members, it is not necessary to name them or specify how many there are.

"(3) A representative complaint may be lodged without the consent of class members.

Commission may determine that a complaint is not to continue as a representative complaint

"90.(1) The Commission may, on application by the respondent or of its own motion, determine that a complaint should no longer continue as a representative complaint.

"(2) The Commission may only make such a determination if it is satisfied that it is in the interests of justice to do so for any of the following reasons:

    (a)     the costs that would be incurred if the complaint were to continue as a representative complaint are likely to exceed the costs that would be incurred if each class member lodged a separate complaint;

    (b)     the representative complaint will not provide an efficient and effective means of dealing with the complaints of the class members;

    (c)     the complaint was not brought in good faith as a representative complaint;

    (d)     it is otherwise inappropriate that the complaints be pursued by means of a representative complaint.

  "(3) If the Commission makes such a determination:

    (a)     the complaint may be continued as a 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