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COMMONWEALTHAct
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s 46PB

Conditions for lodging a representative complaint

In force
Part IIBRedress for unlawful discrimination
Division 1Conciliation by the President

46PB Conditions for lodging a representative complaint

(1)

A representative complaint may be lodged under section 46P 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

(c)

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

(2)

A representative complaint under section 46P 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.

(3)

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

(4)

A representative complaint may be lodged without the consent of class members.

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