Equal Opportunity Act 1984

A complainant may at any time between the lodging of the relevant complaint and the final disposal of that complaint under this Division withdraw that complaint by notice in writing served on the Commissioner.

If, in the opinion of the Commissioner, a complainant is not pursuing, or has abandoned, the relevant complaint, the Commissioner may by warning in writing served on the complainant advise the complainant that that complaint will, unless within a period of 21 days after that service the complainant serves on the Commissioner notice in writing that the complainant wishes the Commissioner to continue to investigate or otherwise deal with that complaint under this Division, lapse at the end of that period.

If a person on whom a warning is served by the Commissioner under subsection (2) does not within the period of 21 days after that service serve on the Commissioner notice referred to in that subsection, the relevant complaint lapses at the end of that period.

If a complaint —

is withdrawn under subsection (1); or

lapses under subsection (3),

the person seeking to pursue the complaint afresh satisfies the Commissioner that there is good cause for that pursuit to take place; and

that pursuit takes place within a period of 6 months from the withdrawal or lapse of the complaint.

Notwithstanding anything in this section, if the Commissioner is satisfied within the meaning of subsection (4)(c) in respect of a complaint, the person seeking to pursue the complaint afresh may do so without lodging another complaint under section 83.