Equal Opportunity Act 2010

This section applies to a complaint that was lodged with the Commissioner, but not finally dealt with before the commencement day.

The old Act continues to apply to the complaint if the respondent was notified of the complaint under section 107 of the old Act before the commencement day, unless the parties to the complaint consent in writing to the complaint being dealt with as a dispute.

If the parties to a complaint consent to the complaint being dealt with as a dispute—

the complaint is taken to be a dispute; and

the complainant is taken to have brought a dispute to the Commission for dispute resolution under section 113 or 114, whichever is applicable; and

anything done under the old Act in relation to the complaint is taken, to the extent it could have been done under this Act, to have been done under this Act.

If the respondent had not been notified of the complaint under section 107 of the old Act before the commencement day—

the complaint is taken to be a dispute; and

the complainant is taken to have brought a dispute to the Commission for dispute resolution under section 113 or 114, whichever is applicable.

If a complaint is taken to be a dispute because of subsection (3) or (4), Part 8 applies to the complaint as if a reference in that Part—

to a provision of Part 4, 6 or 7 were a reference to a provision of Part 3, 5 or 6 of the old Act; and

a reference to an alleged contravention were a reference to an alleged contravention of a provision of Part 3, 5 or 6 of the old Act.

Subsections (3) and (4) apply whether or not the contravention alleged in the complaint would have contravened a provision of Part 4, 6 or 7 of this Act, if this Act had been in force when the alleged contravention occurred.