Proceedings instituted or defended by Commissioner
79 Proceedings instituted or defended by Commissioner
The Commissioner may take part in proceedings under this Act with a view to enforcing or protecting the rights under this Act of a party to a long‑stay agreement (the original party) if —
the Commissioner is satisfied that there is a cause of action and that it is in the public interest to take part in the proceedings; and
the Commissioner has obtained the written consent of both the original party and the Minister; and
if the long‑stay agreement has ended — the original party made a complaint to the Commissioner within 3 months after the day on which it ended.
For the purposes of subsection (1), the Commissioner may —
institute proceedings on behalf of the original party; or
defend any proceedings brought against the original party; or
assume the conduct of proceedings that have already been commenced by or against the original party.
The original party cannot withdraw their consent without the consent of the Commissioner.
The Minister may make their consent subject to conditions.
[Section 79 amended: No. 28 of 2020 s. 71.]
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