Duty to stop proceedings
121 Duty to stop proceedings
The Disability Services Commissioner must stop dealing with an issue raised in a complaint if—
S. 121(1)(a) amended by No. 22/2012 s. 51(1).
the Disability Services Commissioner becomes aware that the person who made the complaint or the service provider has begun legal proceedings which relate to that issue; or
S. 121(1)(b) amended by Nos 74/2009 s. 10(2), 13/2022 s. 72(2).
the Disability Services Commissioner becomes aware that proceedings relating to that specific issue have been initiated before the Fair Work Commission; or
the Disability Services Commissioner considers that the issue should properly be dealt with by a court or VCAT.
S. 121(2) amended by No. 22/2012 s. 51(1).
Within 14 days after the Disability Services Commissioner stops dealing with a complaint under subsection (1), the Disability Services Commissioner must give written notice that the Disability Services Commissioner has stopped dealing with the complaint to the person who made the complaint and the service provider.
Despite subsection (1)(a), the Disability Services Commissioner may, with the consent of—
the person who made the complaint; and
S. 121(3)(b) amended by No. 22/2012 s. 51(1).
the service provider—
continue dealing with the matter, but only by conciliation.
S. 121(4) amended by No. 22/2012 s. 51(2).
If subsection (3) applies, the Disability Services Commissioner must stop dealing with the complaint when the Disability Services Commissioner becomes aware that a court has commenced to hear a proceeding relating to the complaint.
If subsection (1)(a) applies and the Disability Services Commissioner subsequently becomes aware that the legal proceedings relating to the complaint have been withdrawn, the Disability Services Commissioner may on the request of the person who made the complaint re-open proceedings under this Division.
S. 122 amended by Nos 69/2009 s. 97(Sch. Pt 2 item 19), 67/2014 s. 147(Sch. 2 item 14.1), repealed by No. 33/2017 s. 21.
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S. 123 amended by No. 69/2009 s. 97(Sch. Pt 1 item 16.1, Pt 2 item 19), substituted by No. 33/2017 s. 22.
This Act’s bill:Explanatory memorandumSecond reading speech
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