Who can apply?
123 Who can apply?
The following persons may make an application to the Tribunal under section 122—
S. 123(1)(a) amended by No. 11/2025 s. 27.
a person who claims that another person has contravened a provision of Part 4, 6, 6A or 7 in relation to that person;
S. 123(1)(b) amended by No. 26/2011 s. 34(Sch. item 6.17).
if that person is unable to make an application because of disability—
a person authorised by that person to act on his or her behalf; or
if that person is unable to authorise another person, any other person on his or her behalf;
if that person is a child—
the child; or
a parent of the child on the child's behalf; or
if the Tribunal is satisfied that the child or a parent of the child consents, any other person on the child's behalf.
S. 123(1A) inserted by No. 11/2025 s. 15.
If the claimed contravention is of a provision of Part 6A, it does not matter whether the contravention is claimed to have been in respect of one protected attribute or more than one protected attribute.
S. 123(1B) inserted by No. 11/2025 s. 15.
For the purposes of subsection (1)(a), a claimed contravention of section 102D is in relation to a particular person only if that person—
has the protected attribute in respect of which the contravention is claimed to have occurred; and
is part of the audience for the conduct that is claimed to constitute the contravention.
A person may make an application on behalf of the person and another person or persons if the Tribunal is satisfied that—
each person—
is entitled to make an application under subsection (1)(a); and
has consented to the application being made on the person's behalf; and
the alleged contravention arises out of the same conduct.
An authorisation under subsection (1)(b)(i) may be given—
in writing; or
in any other manner approved by the Tribunal.
It is not necessary for the alleged contravention to relate exclusively to the person making the application.
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