When investigation may be conducted
127 When investigation may be conducted
The Commission may conduct an investigation into any matter relating to the operation of this Act if—
the matter—
raises an issue that is serious in nature; and
relates to a class or group of persons; and
cannot reasonably be expected to be resolved by dispute resolution or by making an application to the Tribunal under section 122; and
there are reasonable grounds to suspect that one or more contraventions of this Act have occurred; and
the investigation would advance the objectives of this Act.
Example
An organisation has a policy that indirectly discriminates against persons with a particular attribute. The Commission has received several calls complaining about this policy and the policy has received media attention. Although some claims that the policy is discriminatory have been settled on an individual basis, the policy has not been changed. The Commission may decide that, in these circumstances, an investigation could help identify and eliminate a systemic cause of discrimination.
S. 128 substituted by No. 26/2011 s. 21.
This Act’s bill:Explanatory memorandumSecond reading speech
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