Review of discriminatory determinations
8C Review of discriminatory determinations
If:
a determination has been referred to the Tribunal under section 46PX of the Australian Human Rights Commission Act 1986; and
the Tribunal considers that the determination is a discriminatory determination;
the Tribunal must take the necessary action to remove the discrimination, by setting aside the determination, setting aside terms of the determination or varying the determination.
In this section:
determination has the same meaning as in section 8B.
discriminatory determination means a determination that:
has been referred to the Tribunal under section 46PX of the Australian Human Rights Commission Act 1986; and
requires a person to do an act that would be unlawful under Part II of the Sex Discrimination Act 1984 except for the fact that the act would be done in direct compliance with the determination.
For the purposes of the definition of discriminatory determination in subsection (2), the fact that an act is done in direct compliance with the determination does not of itself mean that the act is reasonable.
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