Anti-Discrimination Act 1998

Any of the following may complain to the Commissioner about discrimination or prohibited conduct:a person against whom the alleged discrimination or prohibited conduct was directed; a person – against whom the alleged discrimination or prohibited conduct was directed; and who is a member of a class of persons against whom alleged similar discrimination or prohibited conduct was directed, on behalf of that class, if the Commissioner is satisfied that a majority of those members are likely to consent; a trade union that represents – a member of that union against whom the alleged discrimination or prohibited conduct was directed; or a class of members of that union against whom the alleged discrimination or prohibited conduct was directed, if the Commissioner is satisfied that a majority of those members are likely to consent; an organisation against which the alleged discrimination or prohibited conduct was directed, if the Commissioner is satisfied that a majority of members of that organisation are likely to consent; an agent of a person referred to in this section; a person on behalf of the person against whom the alleged discrimination or prohibited conduct was directed.

The Commissioner may investigate any discrimination or prohibited conduct without the lodgment of a complaint if satisfied that there are reasonable grounds for doing so.

The Commissioner may accept a complaint from a child if the Commissioner is satisfied that the child has sufficient maturity to make the complaint.

A person may not make a complaint on behalf of another person without the approval of the Commissioner.

If the Commissioner investigates any discrimination or prohibited conduct under subsection (2) – the discrimination or prohibited conduct is taken to be the subject of a complaint made by a person; and the provisions of this Act have effect as if the complaint had been made by a person; and the Commissioner may pursue the complaint as if the Commissioner were the complainant.

If the Commissioner investigates any discrimination or prohibited conduct in the circumstances described in section 68(5) – the discrimination or prohibited conduct is taken to be the subject of a complaint made by the person; and the provisions of this Act have effect as if the complaint had not been withdrawn by the person; and the Commissioner may pursue the complaint as if the Commissioner were the complainant.

If the Commissioner investigates any discrimination or prohibited conduct pursuant to a complaint made on behalf of another person in the circumstances described in subsection (4) – the discrimination or prohibited conduct is taken to be the subject of a complaint made by the person on whose behalf it is made; and the provisions of this Act have effect as if the complaint had been made by the person.