Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p20
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 49586–52494

the complaints of the class members;

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

     (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, unless the complainant is a trade union; 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 as a complainant to the complaint as continued under paragraph (a).

Additional rules applying to the determination of representative complaints

"70A.(1) The Commission may, on application by a class member, replace the complainant with another class member, where it appears to the Commission that the complainant is not able adequately to represent the interests of the class members.

"(2) A class member may, by notice in writing to the Commission, withdraw from a representative complaint at any time before the Commission begins to hold an inquiry into the complaint.

"(3) The Commission may at any stage direct that notice of any matter be given to a class member or class members.".

Subsection 71(2):

  Omit.

Section 72:

  Repeal the section, substitute:

Class member for representative complaint not entitled to lodge individual complaint

"72. A person who is a class member for a representative complaint is not entitled to lodge a complaint in respect of the same subject matter.".

Paragraphs 77(1)(a) and (c):

  Add "and" at the end.

Subsection 77(1):

  Add at the end:

     "(d) may give such directions as to procedure as it considers are appropriate or necessary to ensure that justice is done.".
SCHEDULE—continued

Section 80:

  Add at the end:

"(3) A reference in this section (other than the first reference) to a party includes a reference to a class member in the case of a representative complaint.".

Subparagraph 81(1)(b)(iv):

Omit "except where the complaint was dealt with as a representative complaint—".

Subsection 81(5):

  Omit the subsection, substitute:

"(5) A determination by the Commission under subparagraph (1)(b)(iv) on a representative complaint:

     (a)     may provide for payment of specified amounts or of amounts worked out in a manner specified by the Commission; and

     (b)    if it provides for payment in accordance with paragraph (a), must make provision for the payment of the money to the complainants concerned.

"(6) If the Commission makes a determination under subparagraph (1)(b)(iv) on a representative complaint, the Commission may give such directions (if any) as it thinks just in relation to:

     (a)     the manner in which a class member is to establish his or her entitlement to