Anti-Discrimination Act 1998

A complainant may apply to the Commissioner to withdraw a complaint.

An application to withdraw a complaint is to include a statement of the reasons for the withdrawal.

The Commissioner, on receipt of an application to withdraw a complaint, may investigate the circumstances relating to the application.

If the Commissioner is satisfied that an application to withdraw a complaint is made voluntarily, the Commissioner is to – grant the withdrawal; and record the term of any agreement reached between the complainant and the respondent; and refer any application for costs to the Tribunal for an order under Division 10 of Part 8 of the Tasmanian Civil and Administrative Tribunal Act 2020.

The withdrawal of a complaint does not prevent – the Commissioner or an authorised person from investigating the complaint under section 69 if satisfied that – the complaint was not withdrawn voluntarily; or it is in the public interest to do so; or the Minister from referring the complaint to the Tribunal.

A complainant who withdraws a complaint under this section is not entitled to make another complaint in relation to the same matter without the permission of the Commissioner.

The Commissioner may allow a person who has withdrawn a complaint involuntarily to reinstitute the complaint if the Commissioner considers it is in the public interest to do so.